Printer Friendly

Air emissions standards and guidelines under the Clean Air Act for the incineration of hospital, medical, and infectious waste.

I. INTRODUCTION

Approximately 2400 hospital/medical/infectious waste incinerators (HMIWIs) operate in the United States, and they combust about 846,000 tons of hospital/medical/infectious waste (HMIW) each year.(1) The Environmental Protection Agency (EPA) estimated that there are approximately 1139 small, 692 medium, and 463 large HMIWIs, as well as 79 commercial HMIWIs.(2) These incinerators produce emissions of dioxins/ furans, particulate matter (PM), metals (cadmium, lead, and mercury), acid gases (HCl and [SO.sub.2]), and nitrogen oxides ([NO.sub.x]) that have the potential to harm human health and ecosystems when they are released into the air.(3)

In the 1990 Amendments to the Clean Air Act (CAA),(4) Congress included changes relating to air pollution emissions created by the combustion of solid waste in incinerators, including the burning of HMIW.(5) EPA attributed this congressional attention to two factors: the high level of public concern regarding incineration of municipal, medical, and other wastes and a concern over special management practices required to minimize air pollution from those sources.(6) Section 129 of the CAA directs EPA to regulate four categories of solid waste incineration units: municipal waste combustors (MWCs),(7) hospital/medical/infectious waste incinerators (HMIWIs),(8) industrial and commercial waste incinerators (ICWIs),(9) and other categories of solid waste incinerators (OSWIs).(10)

Hazardous waste incineration, another type of incineration, is regulated under the Resource Conservation and Recovery Act (RCRA), as amended, and by section 112 of the CAA.(11) Some HMIW is hazardous waste. Under existing law, hazardous wastes may be burned in hazardous waste incinerators (HWIs), boilers, or industrial furnaces.(12) Industrial furnaces include cement kilns and lightweight aggregate kilns (LWAKs).(13) HWIs reduce the volume or toxicity of hazardous waste but usually do not utilize the heat value of the waste or recover usable material to be recycled.(14) Hazardous wastes also have been burned on ships operating in the ocean, but EPA has essentially banned ocean incineration as a means of waste disposal in the United States.(15)

CAA section 129, added to the statute in 1990, requires EPA to establish new source performance standards (NSPS) under CAA section 111(d) for new solid waste combustion units and to establish emission guidelines under CAA section 111(d) for existing units.(16) When EPA did not promulgate regulations in a timely manner, it was sued by the Natural Resources Defense Council.(17) This led to a court-ordered deadline to promulgate an air toxics rule applicable to medical waste incinerators.(18) This Article will discuss the regulatory program applicable to incineration units combusting HMIW established by EPA in a final rule entitled "Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators,"(19) which was promulgated September 15, 1997.

II. BACKGROUND

A. Initial Awareness of the Problem and the Response by Congress

Medical waste accounts for less than two percent of all municipal solid waste (MSW) produced in the United States(20) but its potential public health impact has made it a subject of concern.(21) In 1990, EPA estimated that about one million medical waste generators produce approximately four million tons of medical waste in the United States each year.(22) Of the four million tons of medical waste, infectious waste makes up approximately 465,600 tons, 359,000 tons of which is generated by hospitals.(23) About 7100 hospitals in the United States produce over three-fourths of the total volume of infectious waste,(24) but they make up slightly less than two percent of the total number of HMIW generators.(25) EPA attributed generation of the remaining twenty-three percent of infectious waste, by volume, to eight other types of infectious waste generators.(26)

The medical profession has by necessity dealt with the safe and efficient management, treatment, and disposal of HMIW. However, the public did not become noticeably concerned with HMIW issues until the summers of 1987 and 1988 when medical waste of various types washed up on the beaches of the United States, primarily because of illegal disposal.(27) Some affected beaches were closed, and tourist-related beach businesses may have lost up to one billion dollars(28) Federal and state agencies, as well as many private groups, undertook studies or took other steps to address the problems of medical waste management.(29) Members of Congress, responding to the political pressure created by the public outcry over beach contamination, introduced numerous bills.(30) In November 1988 Congress passed the Medical Waste Tracking Act of 1988 (MWTA),(31) which became subchapter X of the Solid Waste Disposal Act (SWDA).(32)

The MWTA provided for a two-year demonstration program to track medical waste from its creation to its disposal. EPA established a program that began June 22, 1989 and ended two years later. It applied to New York, New Jersey, Connecticut, Rhode Island, and Puerto Rico(33) and resulted in several reports.(34) In addition to this demonstration program, EPA gathered information on medical waste and developed a medical waste incinerator operator training course and manual.(35) Moreover, the Occupational Safety and Health Administration (OSHA) promulgated regulations concerning occupational exposure to bloodborne pathogens.(36) At the state level, more than eighty-four percent of the states developed regulations concerning medical waste.(37)

B. Methods of Hospital, Medical, and Infectious Waste Treatment

1. In General

In the first of two interim reports EPA was required to submit to Congress under the MWTA,(38) the Agency identified nine techniques, either existing or potentially available, for the treatment of HMIW: incineration, steam sterilization (autoclaving), gas sterilization, chemical disinfection with grinding, thermal inactivation, irradiation, microwave treatment, grinding and shredding, and compaction.(39) The Office of Technology Assessment has identified other potential treatment methods, including thermal destruction in molten glass furnaces, electrohydraulic disinfection, pulse-power technology, plasma torch technology, pyrolysis, electrocatalytic oxidation, steam sterilization combined with dry grinding and shredding, and thermal inactivation (dry heat sterilization) combined with shredding or compaction.(40)

While the reports discuss high technology solutions to HMIW disposal, crude approaches are common. Noninfectious liquid medical waste may legally be poured down a drain leading to a sanitary sewer system, and some solid medical waste (e.g., pathological waste) may be disposed of by grinding and flushing it to a sanitary sewer system, assuming approval is obtained from the local sewer authority.(41) Infectious waste, typically considered a subset of medical waste, usually must be treated to render it noninfectious.(42) EPA estimates that ten to fifteen percent of medical waste is potentially infectious.(43) Ideally, treating infectious waste changes its pathogenicity so that it is incapable of transmitting disease.(44) EPA recommends that only treated infectious waste be landfilled.(45) If the state allows landfilling of infectious wastes, EPA recommends that such waste be placed only in well-controlled sanitary landfills.(46)

2. Incineration

Most noninfectious waste in the United States is disposed of directly into landfills without prior treatment. Most infectious medical waste is incinerated;(47) steam sterilization is the second most common treatment for infectious waste.(48) Most alternatives to incineration are conducted at the site where the medical waste is generated.(49) Incineration, on the other hand, may take place at the waste generation site or offsite at a commercial incinerator. The American Hospital Association reported in 1983 that sixty-seven percent of U.S. hospitals used onsite incinerators, sixteen percent used autoclaves (pressurized steam sterilization) followed by landfilling, and approximately fifteen percent used offsite treatment to dispose of their medical waste.(50) However, during the last few years many states have adopted stringent regulations limiting emissions from HMIWIs, and this has reduced the use of onsite incineration to manage medical waste.(51) EPA has stated that by the mid-1990s, less than half of the hospitals in the United States operated onsite medical waste incinerators.(52) Moreover, EPA estimates that more than ninety-five percent of other health care facilities such as nursing homes, outpatient clinics, and doctor and dentist offices no longer operate onsite medical waste incinerators.(53) Many medical waste generators have now switched to either onsite treatment by autoclaving or offsite treatment in large commercial incinerators typically dedicated to the treatment of medical waste.(54) Chemical treatment or microwave irradiation are also current commercially available options for the treatment of medical waste.(55)

Incineration detoxifies and sterilizes medical waste.(56) Most incinerators in which medical waste is burned utilize two connected combustion chambers, the primary and the secondary.(57) Medical waste is loaded into the primary chamber where it is then ignited; most of the material is combusted, leaving ash, but volatile organic compounds (VOCs) that are not burned are driven into the secondary chamber where they are combusted.(58) Although most HMIWIs utilize this two-chamber combustion process, individual HMIWIs often differ from one another in design. After treatment, the ash from incineration--both bottom ash and the fly ash captured by air pollution controls--should be nonpathogenic and is typically disposed of by burial in a sanitary landfill.(59)

Prior to the CAA's incinerator regulations going into effect, the 1.58 million tons of medical waste burned annually in HMIWIs produced about 158,000 tons per year of bottom ash to be disposed of in landfills. The new regulations impose more stringent air pollution controls that require the addition of dry lime to control acid gases and the use of activated carbon to control dioxins/furans and mercury. Because these new controls will create additional fly ash, the solid waste sent to landfills is projected to increase to an estimated 696,000 tons per year.(60) Despite the magnitude of this increase, it is insignificant if compared to the 100 million tons per year of municipal waste currently disposed of in landfills.(61)

In EPA's 1995 proposal for the regulation of HMIWIs. EPA divided the HMIWI population by type of incinerator into the following three subcategories: 1) continuous, 2) intermittent, and 3) batch. These three types of incinerators roughly correlate to the size of the units.(62) The major differences among these subcategories is the way waste is introduced and ash is removed from the incinerator, which affects the quantity and the types of air pollution emissions.

Continuous HMIWIs have mechanical ram feeders and continuously remove ash. Waste is moved into the incinerator and combusted, and the ash is continuously removed at a constant rate; therefore, temperatures in the primary and secondary chambers and pollutant emission rates of continuous units remain relatively constant.(63) They are the largest of the three types of incinerators and can operate nonstop for many days.

Intermittent HMIWIs are the most common type of HMIWI.(64) Like continuous HMIWIs, intermittent HMIWIs typically have a mechanical ram feeder, but unlike their continuous counterparts, they are not designed for ash removal while combustion is taking place.(65) Because of this limitation, an intermittent HMIWI must be shut down periodically in order to remove the ash from the primary chamber, resulting in a typical burn cycle of ten to fourteen hours.(66) Typically, unburned material remains in the primary chamber after charging has ceased, so the units require a several-hour burn-down/cool-down phase, during which pollutant emissions continue.(67) They therefore have variable operating temperatures and only approach steady-state operation during the middle of their operating cycle. A legal distinction between continuous and intermittent HMIWIs for pollution control purposes may not be necessary because their design is essentially identical except for the ash handling system.(68)

Batch HMIWIs are designed to burn only one load of waste at a time. Batch HMIWIs operate in a three-phase cycle--low-air, high-air, and cooldown--which typically takes one to two days for completion.(69) During the low-air phase, air is restricted and only the surface of the charged waste is combusting; thus, temperatures in the primary chamber rise slowly.(70) During the high-air phase, combustion speeds up, temperature increases, and more volatile organic compounds are exposed to the flame front.(71) Levels of pollutant emissions rise during the latter half of the low-air phase, then level off and remain relatively constant during the high-air and cool-down phases.(72)

Regardless of the technology utilized, the basic emission levels remain about the same for incinerators of similar size, but the larger the HMIWI, the easier it is to control emissions.(73) During steady-state operation each size category of the newer HMIWIs produces about the same emissions. Thus, in 1996, EPA shifted from a regulatory approach based on the technology utilized, to a regulatory approach based on the size of the HMIWI.(74)

There are two approaches to controlling HMIWI emissions: combustion control and add-on air pollution control.(75) Combustion controls can be subcategorized based on flue gas residence time in the secondary chamber: 0.25-second, 1-second, and 2-second combustion.(76) The older HMIWIs, designed with a 0.25-second combustion time in the secondary chamber at 927 degrees Celsius (C) (1700 degrees Fahrenheit (F)), have much higher dioxins and dibenzofurans (CDD/CDF) and carbon monoxide (CO) emissions than the 1-second combustion times that are typical of newer HMIWIs.(77) A 2-second minimum secondary chamber residence time at a temperature higher than 1800 degrees F provides additional control of CDD/CDF, CO, and particulate matter (PM).(78) It is considered the best level of combustion control. However, these combustion controls will not reduce emissions of acid gases, nitrogen oxides ([NO.sub.x]), or metals (Pb, Cd, and Hg).(79) Nevertheless, the 2-second combustion approach is considered to provide the best level of combustion in an HMIWI,(80) but add-on controls are needed to control acid gases and metals.

Add-on controls include the following: 1) wet systems, 2) fabric filter systems without activated carbon injection, and 3) fabric filter systems with activated carbon injection.(81) Lead and cadmium are emitted as PM and, therefore, are captured by PM controls.(82) Hydrogen chloride (HCl) and sulfur dioxide ([SO.sub.2]) are controlled by the same technology. A mix of pollution control technologies must be selected to optimize emission reductions, keeping in mind that a control for a pollutant may result in increased emissions of a different pollutant. For example, a fabric filter followed by a packed-bed absorber provides conditions conducive to CDD/CDF formation.(83) The new EPA regulations chiefly rely on add-on controls.(84)

III. DEVELOPMENT AND EVOLUTION OF THE REGULATIONS TO CONTROL THE INCINERATION OF HOSPITAL, MEDICAL, AND INFECTIOUS WASTE

A. Statutory Authority Under the Clean Air Act

1. Introduction

The federal and state governments have regulated, broadly speaking, the generation, handling, storage, transportation, treatment, and disposal of HMIW.(85) In 1990, when Congress amended the CAA, it directed the Administrator of EPA to promulgate regulations to address one important aspect of treatment and disposal: the control of emissions from solid waste incinerators in which HMIW is burned.(86) Section 129(a)(1)(C) instructs EPA to promulgate standards under sections 111 and 129 of the CAA for "units combusting hospital waste, medical waste and infectious waste" not later than twenty-four months after November 15, 1990.(87) Although Congress directed EPA to promulgate these standards by November 15, 1992,(88) the deadline passed and EPA had not proposed, much less promulgated, HMIW incineration standards.

EPA was sued by the Sierra Club and the Natural Resources Defense Council (NRDC) to force the Agency to promulgate new source performance standards (NSPS) for HMIW incinerators.(89) EPA, the Sierra Club, and NRDC subsequently filed a consent decree that required the Administrator of EPA to sign a notice of proposed rulemaking by February 1, 1995 and a notice of final rulemaking by April 15, 1996.(90) Proposed standards and guidelines were promulgated on February 27, 1995.(91) On April 15, 1996 an agreement was reached that gave EPA until July 25, 1997 to promulgate a final rule.(92) Final standards and guidelines were not promulgated until September 15, 1997.(93)

2. Section 111

Since the enactment of CAA section 111(94) in 1970, EPA is required to promulgate regulations that set "standards of performance"(95) for each category of stationary source that "causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare."(96) These standards are known as new source performance standards, or NSPS. The "standard of performance" is a standard for air pollutant emissions "which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which the Administrator determines has been adequately demonstrated."(97) The 1977 CAA Amendments added the requirement that the Administrator is to consider the cost necessary to achieve the reduction, as well as "any [non-air] quality health and environmental impact and energy requirements."(98) CAA section 111(b) provides the mechanism whereby EPA lists categories of new stationary sources for which NSPS will be promulgated and establishes the standards for these categories.(99) The Administrator has the discretion to distinguish among classes, types, and sizes within categories for the purpose of establishing standards.(l00) A "new source" is defined in the CAA as "any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, the date of the proposed regulations) prescribing a standard of performance under this section which will be applicable to such source."(101) A "stationary source" is "any building, structure, facility, or installation which emits or may emit any air pollutant."(102)

EPA, under section 111(d), may also seek to control emissions from existing sources in an industrial source category. Instead of establishing standards, however, EPA establishes emission guidelines (EG), which states are pressured to implement in order to have their state implementation plan (SIP) approved by EPA. Within one year of the date of promulgation of the guidelines, states must adopt and submit to EPA a plan of implementation using procedures similar to those for SIP submissions under CAA section 110.(103) If the state fails to act, EPA prescribes a plan using procedures similar to those specified in section 110(c) for a federal implementation plan.(104) The state plan for existing HMIWIs must be at least as protective as the guidelines promulgated by the Administrator, and the requirements are to be met by existing units within five years after the guidelines are promulgated.(105)

3. Section 129

Although EPA has the discretion under section 111 to list categories of stationary sources that may adversely affect the public health or welfare for which it will promulgate standards, the 1990 CAA Amendments added section 129, which directs EPA to develop standards and guidelines for solid waste combustors.(106) In section 129(a)(1)(A), Congress directed the Administrator of the EPA to establish emission limitations and other requirements for new and modified sources, and to provide emission guidelines applicable to existing units of certain categories of "solid waste incineration units."(107) One category of solid waste incineration units for which standards are to be set is that including "units combusting hospital waste, medical waste and infectious waste."(108) In an attempt to avoid requirements duplicative of regulations already governing the other three types of incineration units listed in section 129(a), the 1997 final rule focuses on incinerators whose primary purpose is the disposal of HMIW.(109)

The CAA section 129 requires that standards and guidelines reflect the maximum degree of reduction in emissions of air pollutants after considering the costs of achieving the emission reduction, any non-air quality health and environmental impacts, and energy requirements that the Administrator determines are achievable.(110) This level of control is commonly denoted as the maximum achievable control technology "(MACT)."(111) The standards for new units must reflect, at a minimum, the level of emissions control achieved by the best controlled similar unit.(112) The guidelines for existing HMIWIs may be less stringent than the standards for new HMIWIs, but generally must be as stringent as the average limitation achieved by the best performing twelve percent of units in the category.(113) These minimum levels are known as the "MACT floor.(114) EPA may establish NSPS or emission guidelines at the MACT floor only if the Agency concludes that the costs, other impacts, or both, that are associated with more stringent requirements are unreasonable.(115) Any control technology that can meet the emission limits and guidelines may be used.(116) MACT and the MACT floor for new and existing sources are discussed more fully below in Subparts IV.B. and V.B.

In the final rule, EPA promulgated emissions limitations for new or modified sources under the authority of section 129. EPA implemented section 111(b) of the CAA, and established emission guidelines and compliance schedules to be used by the states in promulgating regulations to control emissions from existing incinerators subject to section 129. Therefore, the EPA implemented section 111(d) of the Act. However, it is mandatory under section 129 that the states implement the guidelines for existing solid waste incineration units(117) built on or before June 30, 1996.(118)

Section 129 requires that thirty-six months after a performance standard is promulgated for a category of solid waste incineration units, each unit in the category is to operate pursuant to a permit issued under section 129(e) and subchapter V.(119) These permits may be issued for a period of up to twelve years, but must be reviewed at least every five years.(120) HMIWIs subject to the final rule will be required to operate under a permit by September 15, 2000, thirty-six months from promulgation.(121) However, as was previously mentioned, section 129(b)(2) requires units to be in compliance not later than five years after guidelines are promulgated.

4. Section 112

Section 112, after the 1990 CAA Amendments, lists 189 hazardous air pollutants(122) and requires EPA to establish "a list of all categories and subcategories of major sources and area sources" for each of the listed pollutants(123) and to promulgate regulations establishing emission standards for each category and subcategory.(124) EPA is to issue standards under CAA section 112 in two phases. During the first phase, EPA is instructed to promulgate regulations setting emission standards that require emission of hazardous air pollutants be reduced to the maximum extent achievable for both new and existing sources.(125) The first phase imposes technology-based standards.(126)

The second phase standards are based on public health considerations and are to be set by EPA if, eight years after promulgation of the phase one standards, more stringent standards are required "to provide an ample margin of safety to protect public health ... or to prevent ... an adverse environmental effect."(127) Although not focusing exclusively on hazardous air pollutants or implementing section 112, section 129(h)(3) requires EPA to utilize this same two-phase approach for the various categories of solid waste incinerators regulated thereunder, including HMIWIs.(128) The HMIWI Final Rule represents the phase one standards required by section 129.(129) "EPA will evaluate whether the residual public health risk warrants additional control" as part of the second phase standards.(130)

B. Pollutants to Be Regulated

CAA section 129 requires that numerical emission limitations be included in the standards and guidelines. In particular, numerical limitations must be promulgated for particulate matter (PM) (total and fine), opacity (as appropriate), sulfur dioxide ([SO.sub.2]), hydrogen chloride (HCl), nitrogen oxides ([NO.sub.x]), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins and dibenzofurans (CDD/CDF).(131) For some of the pollutants, the standards are expressed as a combination of emission limitations and percent reductions.(132)

PM and metals (Pb, Cd, and Hg) are subject to a numerical limit expressed in units of milligrams per dry standard cubic meter (mg/dscm) of air corrected to seven percent oxygen on a dry basis.(133) CO, HCl, [SO.sub.2], and [NO.sub.x] are subject to limitations expressed in parts per million by volume, although a percent reduction number also is provided for HCl.(134)

CDD/CDF are measured alternatively in units of nanograms per dry standard cubic meter (ng/dscm) of air for total CDD/CDF or their toxic equivalent (TEQ), expressed as nanograms per dry standard cubic meter of air.(135) To determine TEQ emissions, EPA's Reference Method 23 is used; tetra-through-octa CDD and CDF concentrations(136) are measured, and each congener is multiplied by a TEQ factor that is specified in Table 2 to subpart Ec. The products are then added to obtain the total concentration of CDD/CDF emitted in terms of TEQ.(137)
TABLE 2. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWIs(300)

Pollutant     Units (7 percent oxygen,
              dry basis)

Particulate   Milligrams per dry standard cubic
matter        meter (grains per dry standard
              cubic foot)

Carbon        Parts per million by volume
monoxide

Dioxins/      Nanograms per dry standard cubic
furans        meter total dioxins/furans (grains
              per billion dry standard cubic feet)
              or nanograms per dry standard
              cubic meter total dioxins/furans
              TEQ (grains per billion dry
              standard cubic feet)

Hydrogen      Parts per million or percent
chloride      reduction

Sulfur        Parts per million by volume
dioxide

Nitrogen      Parts per million by volume
oxides

Lead          Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction

Cadmium       Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction

Mercury       Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction

                           Emissions Limits
Pollutant                      HMIWI size

              Small            Medium           Large

Particulate   69 (0.03)        34 (0.015)       34 (0.015)
matter

Carbon        40               40               40
monoxide

Dioxins/      125 (55) or      25 (11) or 0.6   25 (11) or 0.6
furans        2.3 (1.0)        (0.26)           (0.26)

Hydrogen      15 or 99%        15 or 99%        15 or 99%
chloride

Sulfur        55               55               55
dioxide

Nitrogen      250              250              250
oxides

Lead          1.2 (0.52) or    0.07 (0.03) or   0.07 (0.03) or
              70%              98%              98%

Cadmium       0.16 (0.07)      0.04 (0.02) or   0.04 (0.02) or
              or 65%           90%              90%

Mercury       0.55 (0.25)      0.55 (0.25) or   0.55 (0.25) or
              or 85%           85%              85%


C. Source Category to Be Regulated

CAA section 129 requires EPA to issue standards and guidelines pursuant to section 111 for four categories of solid waste incineration units, one category of which consists of "units combusting hospital waste, medical waste and infectious waste."(138) In the final rule, EPA assigns the terms "hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" to this category and defines these terms to mean "any device that combusts any amount of hospital waste and/or medical/infectious waste."(139) Thus, the definition of the terms "hospital waste" and "medical/infectious waste" will determine which units are subject to the final standards and guidelines.

The CAA provides minimal guidance regarding the definition of the types of combusted waste that would bring an incinerator combusting such waste under the HMIWI regulation. Section 129(g)(6) states that the term "medical waste" shall have the meaning established by the Administrator pursuant to the Solid Waste Disposal Act,(140) yet section 129 is silent as to the meaning of the terms "hospital waste" and "infectious waste."(141) For purposes of HMIWI regulation, EPA chose to promulgate a definition for the combined terms "medical/infectious waste" and a separate definition of the term "hospital waste."(142)

EPA stressed that the primary use of the definitions of the terms "medical/infectious waste" and "hospital waste" is to determine the applicability of the HMIWI standards and guidelines.(143) EPA hopes the inclusion in the Final Rule of a definition for hospital waste in addition to the definition of infectious/medical waste will accomplish the following: 1) reduce the concern regarding the overly broad definition of medical waste contained in the 1995 Proposed Rule;(144) 2) cover the same incinerators as were covered in the 1995 Proposal and 1996 Reproposal, thereby providing the same reductions in emissions with no additional costs;(145) and 3) satisfy the CAA requirement(146) that EPA set standards for "solid waste incinerators combusting hospital waste, medical waste, and infectious waste."(147) The following two sections will discuss the definitions of these terms that are used to determine which solid waste incineration units will be subject to the HMIWI Final Rule.

1. Medical/Infectious Waste

In the 1995 Proposed Rule, EPA adopted the definition of medical waste then codified in 40 C.F.R. part 259, subpart B.(148) This resulted in a very broad definition of the term "medical waste":
   Medical waste is defined as any solid waste that is generated in the
   diagnosis, treatment, or immunization of human beings or animals, in
   research pertaining thereto, or in production or testing of biologicals.
   Biologicals refer to preparations made from living organisms and their
   products, including vaccines, cultures, etc., intended for use in
   diagnosing, treating, or immunizing humans or animals or in research
   pertaining thereto. Medical waste includes materials such as sharps,
   fabrics, plastics, paper, waste chemicals/drugs that are not RCRA hazardous
   waste, and pathological waste. Medical waste does not include household
   waste, hazardous waste, or human and animal remains not generated as
   medical waste(149)


EPA's rationale for this decision, as explained in the initial proposal,(150) was as follows. The Solid Waste Disposal Act (SWDA) was amended extensively, and in 1976 was essentially replaced by the Resource Conservation and Recovery Act (RCRA). RCRA was then amended in 1984,(151) and again in 1988 by the Medical Waste Tracking Act (MWTA).(152) The MWTA contained a definition of the term "medical waste," which was added to RCRA.(153) The Administrator adopted this definition of medical waste in implementing RCRA. Therefore, the definition of "medical waste" contained in the proposed standards and guidelines was the definition "established by the Administrator pursuant to the Solid Waste Disposal Act," as CAA section 129 requires.(154)

Certain types of waste were excluded from the definition: "Medical waste does not include any hazardous waste identified or listed under 40 C.F.R. 261, or any household waste as defined in 40 C.F.R. 261.4(b)(1)."(155) The definition also does not include human or animal remains not generated as medical waste.(156) Medical waste is defined under the SWDA as "any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals."(157) Under this definition, medical waste is divided into the following six categories: 1) sharp items, 2) fabrics, 3) plastics, 4) paper, 5) waste chemicals and drugs that are not RCRA hazardous waste, and 6) pathological waste (e.g., human and animal body parts and tissue).(158) Under the proposal, mixtures that include medical waste and hazardous waste were to be subject to the HMIWI proposed standards.(159) Burning for cremation was not to be covered by the HMIWI proposed regulation.(160) Pathological wastes, when incinerated, produce lower emissions than general HMIWIs and they represent less than three percent of the nationwide emissions from HMIWIs. (161) Therefore, the standards that were proposed focused on controlling general medical waste incinerators and included only minor requirements for pathological HMIWIs. The proposed standards required only that pathological HMIWIs submit quarterly reports of the amount and type of materials incinerated.(162) Pathological incinerators and crematory incinerators were to be considered when EPA evaluated the category of "other solid waste incinerators" in section 129.(163)

As EPA acknowledged, this definition of "medical waste" under the SWDA is very broad. (164) In the Proposed Rule, EPA explained that by defining the term so broadly, it would accomplish at least two important goals. First, EPA would comply with Congress's directive in section 129 to establish standards and guidelines for units incinerating "hospital waste, medical waste and infectious waste,"(165) because the proposed definition is broad enough to encompass "hospital waste" and "Infectious waste." Although the terms "medical waste," "hospital waste," and "infectious waste" are often used interchangeably,(166) Congress intended the terms to have different meanings. Even when the terms are used with meanings distinct from one another, confusion may result because federal and state legislative and regulatory bodies and private institutions and organizations may give different meaning to the same term.(167) Second, EPA stated that the term, if defined broadly, would allow EPA to avoid the problems associated with attempts to comply with more narrow definitions of the term. Generally, the more precise the definition of the waste, the more difficulty generators, incinerators, and regulators face when attempting to categorize a specific waste, particularly when attempting to determine what falls under the definition of "infectious waste."(168)

EPA received many comments on the 1995 Proposed Rule that argued the definition of medical waste was too broad.(169) In addition, the definition at 40 C.F.R. part 259, subpart B, was withdrawn in the 1996 Reproposal.(170) As a result, EPA concluded that "no definition of medical waste ... `established by the Administrator pursuant to the Solid Waste Disposal Act'" existed.(171) This provided EPA with the opportunity to consider other definitions. After reviewing the comments on the 1995 Proposed Rule, EPA announced in the 1996 Reproposal that it intended to adopt a narrower definition, and that this definition would likely be one that was already in use and widely accepted.(172) EPA stated that it was inclined to adopt the New York State Department of Health (NYSDOH) definition, because as a result of being adopted more recently than many of the other existing definitions, it was subjected to more intense review and consideration by the healthcare community, it benefited from discussions centering upon the adoption of earlier definitions by other organizations, and it was more comprehensive than many of the other definitions.(173) However, just as EPA had abandoned the 1995 definition in the 1996 Reproposal, it abandoned its 1996 definition in the 1997 Final Rule. (174)

In the Final Rule, EPA adopted the definition of "regulated medical waste" from the MWTA as the most appropriate definition of "medical infectious waste" for the HMIWIs standards and guidelines.(175) The definition, as promulgated, is as follows:
   Medical/infectious waste means any waste generated in the diagnosis,
   treatment, or immunization of human beings or animals, in research
   pertaining thereto, or in the production or testing of biologicals that is
   listed in paragraphs (1) through (7) of this definition. The definition of
   medical/infectious waste does not include hazardous waste identified or
   listed under the regulations in part 261 of this chapter; household waste,
   as defined in [sections] 261.4(b)(1) of this chapter; ash from incineration
   of medical/infectious waste, once the incineration process has been
   completed; human corpses, remains, and anatomical parts that are intended
   for interment mation sic; mad domestic sewage materials identified in
   [sections] 261.4(a)(1) of this chapter.

      (1) Cultures and stocks of infectious agents and associated biologicals,
   including: cultures from medical and pathological laboratories; cultures
   and stocks of infectious agents from research and industrial laboratories;
   wastes from the production of biologicals; discarded live and attenuated
   vaccines; and culture dishes and devices used to transfer, inoculate, and
   mix cultures.

      (2) Human pathological waste, including tissues, organs, and body parts
   and body fluids that are removed during surgery or autopsy, or other
   medical procedures, and specimens of body fluids and their containers.

      (3) Human blood and blood products including:

        (i) Liquid waste human blood;

        (ii) Products of blood;

        (iii) Items saturated and/or dripping with human blood or

        (iv) Items that were saturated and/or dripping with human blood that
      are now caked with dried human blood; including serum, plasma and other
      blood components, and their containers, which were used or either
      intended for use in either patient care, testing and laboratory analysis
      or the development of pharmaceuticals. Intravenous bags are also include
      sic in this category.

      (4) Sharps that have been used in animal or human patient care or
   treatment or in medical, research, or industrial laboratories, including
   hypodermic needles, syringes (with or without the attached needle), pasteur
   pipettes, scalpel blades, blood vials, needles with attached tubing, and
   culture dishes (regardless of presence of infectious agents). Also included
   are other types of broken or unbroken glassware that were in contact with
   infectious agents, such as used slides and cover slips.

      (5) Animal waste including contaminated animal carcasses, body parts,
   and bedding of animals that were known to have been exposed to
   infectious agents during research (including research in veterinary
   hospitals), production of biologicals or testing of pharmaceuticals.

      (6) Isolation wastes including biological waste and discarded materials
   contaminated with blood, excretions, exudates, or secretions from humans
   who are isolated to protect others from certain highly communicable
   diseases, or isolated animals known to be infected with highly communicable
   diseases.

      (7) Unused sharps including the following unused, discarded sharps:
   hypodermic needles, suture needles, syringes, and scalpel blades.(176)


2. Hospital Waste

EPA, recognizing that the MWTA definition did not include hospital waste and thus failed to satisfy the CAA requirement that EPA regulate "units combusting hospital waste, medical waste and infectious waste,"(177) promulgated in the Final Rule a separate definition of the term "hospital waste."(178) Under the final rule, hospital waste includes "discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation."(179)

D. Subcategories of HMIWIs to Be Regulated

EPA is authorized under section 129 to distinguish classes, types, and sizes of incinerator units within a source category when establishing standards and guidelines,(180) In the 1995 Proposed Rule, EPA concluded that design differences should be the basis for subcategorization and proposed that for purposes of section 129 regulation, the HMIWIs population should be divided into the following three subcategories: 1) continuous HMIWIs, 2) intermittent HMIWIs, and 3) batch HMIWIs.(181) In the 1995 Proposed Rule, EPA stated that it was considering further subcategorizing batch and intermittent HMIWIs by size, but did not discuss basing the primary subcategories on size.(182)

During the public comment period following the release of the 1995 Proposed Rule, EPA received numerous comments regarding subcategorization.(183) The comments suggested at least the following three criteria, other than design type, on which subcategories could be based: 1) size, 2) heat input capacity, and 3) location of HMIWIs.(184) Prior to the 1996 Reproposal, EPA reexamined the issue of how to divide subcategories and considered the following three criteria: 1) size (capacity to burn medical waste), 2) type (continuous/intermittent versus batch), and 3) location (urban versus rural),(185) The first two criteria are set forth in section 129.(186) EPA acknowledged, however, that the third--location--is not by itself a valid criterion on which to subcategorize.(187) EPA viewed location instead as a "surrogate measure of the availability of alternative waste disposal options," noting that, for example, HMIWIs located in rural areas might be considered a discrete class of incinerator because of the lack of other disposal options in rural areas.(188)

After reanalysis, EPA concluded that its initial subcategories of batch, intermittent, and continuous, though based on design type, also correlated to size; thus, EPA proposed subcategories of HMIWIs based on size: small, medium, and large.(189) In the 1996 Reproposal, EPA determined that small HMIWIs are those units that combust less than or equal to 200 pounds per hour (lbs/hr), medium HMIWIs are those units that combust more than 200 lbs/hr but less than or equal to 500 lbs/hr, and large HMIWIs are those units that combust more than 500 lbs/hr.(190) EPA estimated that in 1996 there were 1139 small HMIWIs, 692 medium HMIWIs, and 542 large HMIWIs in the United States.(191) EPA subsequently adopted these subcategories in its final rule.(192)

E. Sources Not Covered by the Final Rule

In the Preamble to the Final Rule, EPA discussed types of combustors and waste that are not covered by the Final Rule.(193) A brief summary of each follows.

1. Co-Fired Combustors

There is no practical reason that hospital, medical, and infectious waste cannot be combusted with other types of solid waste. For example, medical waste could be co-fired with other types of solid waste incinerators such as municipal waste combustors, boilers, and industrial/commercial incinerators.(194) In the Final Rule, EPA defined the term "co-fired combustor" to mean:
   a unit combusting hospital waste and/or medical/infectious waste with other
   fuels or wastes (e.g., coal, municipal solid waste) and subject to an
   enforceable requirement limiting the unit to combusting a fuel feed stream,
   10 percent or less of the weight of which is comprised, in aggregate, of
   hospital waste and medical/infectious waste as measured on a calendar
   quarter basis. (195)


The Final Rule specifically exempts co-fired combustors meeting this definition from its coverage, as long as the owner or operator does the following: 1) notifies EPA of the exemption claim; 2) provides an estimate of the relative amounts of medical/infectious wastes, hospital wastes, and other fuels and wastes to be combusted; and 3) keeps quarterly records of the weights of medical/infectious wastes, hospital wastes, and other fuels and wastes combusted.(196)

2. Combustors of Hazardous Waste

Incinerators combusting hazardous waste are regulated under the Resource Conservation and Recovery Act (RCRA) sections 3004(o)(1) and 3004(q)(197) and are subject to operating permit requirements under RCRA section 3005.(198) EPA has regulated hazardous waste incinerators that are major and area sources since January 23, 1981.(199) It has regulated all hazardous waste burning cement and lightweight kilns since February 21, 1991.(200)

The legislative history of RCRA indicates that Congress considered incineration to be treatment, not disposal(201) Therefore, EPA requires commercial and on-site hazardous waste incinerators to be permitted as treatment facilities.(202) The necessary RCRA permit is difficult to obtain, "with no less than twenty-six notable loci of decision"(203) necessary for a person owning or operating a hazardous waste treatment, storage, or disposal site to be issued an operating permit.(204) If EPA decides to issue a permit, its decision may be appealed to the EPA Administrator and then to the appropriate United States Circuit Court of Appeals.(205)

RCRA allows the states to take over the administration of the permit program.(206) This has led to the permitting and regulation of hazardous waste incineration under RCRA to be primarily a state responsibility. Almost all states have incinerator regulations that are similar to the federal RCRA regulations,(207) but states may impose standards more stringent than the federal government's standards.(208)

Section 129 of the CAA exempts from the HMIWI regulations those solid waste incinerators that are required to have a RCRA section 3005 permit.(209) Thus, RCRA permitted hazardous waste combustors are exempt from the HMIWI Final Rule.(210)

Under the CAA Amendments of 1990, however, an expanded section 112 resulted in regulations that include hazardous waste incinerators (HWIs) on the list of categories subject to hazardous air pollutant controls.(211) But if regulation of HWIs is to be under the CAA, then all HWIs should be covered. More than half the commercial incinerators are major sources. The majority of on-site incinerators, although usually smaller, are expected to be major sources because they are located at sites where facility-wide HAPs are aggregated.(212) Many HWIs would escape CAA regulation if the CAA rules applied only to major sources, as is usually done for HAP sources regulated by section 112.(213) Therefore, EPA stated in its proposed regulations of April 19, 1996, that maximum achievable control technology (MACT) standards would be imposed on HWIs that were either area sources or major sources.(214) EPA plans to regulate lead, cadmium, antimony, arsenic, beryllium, chromium, particulate matter (which controls other metal HAPs as well as some dioxins/furans), hydrochloric acid/ chlorine gas, carbon monoxide (CO), and hydrocarbons (HC) (to control other toxic organic emissions).(215) On May 2, 1997 EPA promulgated Revised Technical Standards for Hazardous Waste Combustion Facilities(216) which proposed to harmonize, to the extent possible, the implementation of the RCRA and CAA programs.(217) The revised proposed standard is the same as the proposed standard for four constituents, more stringent for two constituents, and less stringent for two.(218)

3. Municipal Waste Combustors

Section 129 requires EPA to promulgate regulations governing municipal waste combustors (MWCs).(219) Regulations governing MWCs are codified in subparts Ca, Ea, and Cb of part 60 of 40 C.F.R.(220) In the Preamble to the Final Rule, EPA stated it was not its intention that MWCs--regardless of the amount of HMIW or hospital waste combusted--be covered by both the MWC regulations and the HMIWI regulations.(221) Consequently, the Final Rule exempts MWCs regulated under subparts Ea, Eb, or Cb from regulation under the HMIWI rule.(222)

4. Pyrolysis Units

EPA has defined pyrolysis to mean "the endothermic gasification of hospital waste and/or medical/infectious waste using external energy."(223) EPA considers that at least some combustion is occurring in these plasma or gasification processes; thus, it considered pyrolysis units to be covered by the 1995 proposal.(224) However, in the 1996 Reproposal, EPA stated it was inclined to adopt separate regulations for pyrolysis treatment technologies.(225) EPA has stated that a pyrolysis regulation would be very similar to the HMIWI final rule, but that some definitions will be different, the emission limits are likely to be more stringent, and the monitoring and testing requirements will be tailored to the unique characteristics of pyrolysis units.(226) Thus, pyrolysis units are not subject to the HMIWIs regulations.(227)

5. Cement Kilns

Some commentators suggested that cement kilns are not subject to regulation under section 129.(228) EPA, however, disagrees and believes that it has the authority to regulate cement kilns combusting solid waste under section 129, because the term "solid waste incineration unit" is defined as "a distinct operating unit of any facility which combusts any solid waste material."(229) The HMIWI Final Rule does not regulate cement kilns,(230) however, because EPA recognizes that cement kilns differ from HMIWIs in design, operation, and size.(231) EPA has developed a separate proposed rule under section 129, which it promulgated on March 24, 1998, applicable to cement kilns that combust solid waste materials.(232)

Hazardous waste burned in cement kilns continues to be subject to RCRA sections 3004(o)(1) and (q)(233) and, therefore, is regulated under the Boiler and Industrial Furnace (BIF) Rule,(234) which has been subject to numerous technical amendments.(235) EPA issued a proposed rule on April 19, 1996 to tighten the applicable requirements.(236) EPA subsequently published Notices of Data Availability (NODA) on August 23, 1996 and January 7, 1997.(237) On May 2, 1997 the Agency issued a third NODA that also called for additional comments on the use of cement kilns and lightweight aggregate kilns for hazardous waste disposal, and a fourth NODA on September 9, 1997.(238) EPA finalized four elements of the proposed rule on June 19, 1998.(239) Facilities subject to the BIF rule are required to be permitted by EPA or the state.(240)

6. Excluded Waste Types

The final regulation exempts HMIWIs that might otherwise be subject to the standards and guidelines for periods during which the combustor is burning only pathological waste, low-level radioactive waste, chemotherapeutic waste, or some combination of the three waste types.(241) The Final Rule defines pathological waste as "waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable)."(242) Low-level radioactive waste is defined as
   waste material which contains radioactive nuclides emitting primarily beta
   or gamma radiation, or both, in concentrations or quantities that exceed
   applicable federal or State standards for unrestricted release. Low-level
   radioactive waste is not high-level radioactive waste, spent nuclear fuel,
   or by-product material as defined by the Atomic Energy Act of 1954 (42
   U.S.C. 2014(e)(2)).(243)


Chemotherapeutic waste is defined as "waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells."(244)

In order for a combustor to be exempt from the Final Rule, the owner or operator must notify EPA of the claim of exemption and keep quarterly records of the periods of time when only one or a combination of the three types of specified wastes is burned.(245) The exemption from regulation of incinerators burning these types of wastes is only temporary; EPA has announced its intention to regulate incinerators combusting these types of waste when it promulgates regulations for the category of "other" solid waste incinerators,(246) which EPA has announced it will develop before the year 2000.(247) Incinerators that burn ten percent or less HMIW also are excluded from the HMIWI regulation.(248)

IV. STANDARDS OF PERFORMANCE FOR NEW AND MODIFIED SOURCES

A. Overview

The new standards in the Final Rule implement CAA sections 111 and 129 and apply to any new HMIWI for which construction is commenced after June 20, 1996,(249) which is the date of the 1996 Reproposal of the rule. The Final Rule also applies to existing HMIWIs for which modification commences after March 15, 1998.(250) The final standards applicable to new and modified existing HMIWIs will be codified at 40 C.F.R. part 60, subpart Ec.(251)

The new standards consist of air pollutant emission limitations, which are at least as stringent as the Maximum Achievable Control Technology (MACT) floor, and which reflect MACT.(252) In addition to the emission limits, requirements include operator training and qualification requirements, siting requirements, the preparation of a waste management plan, compliance and performance testing requirements, monitoring requirements, and reporting and recordkeeping requirements.(253)

B. Maximum Achievable Control Technology (MACT)

Section 129 of the CAA directs EPA to establish performance standards and other requirements pursuant to section 111--new source performance standards--for various categories of solid waste incinerators, including HMIWIs. Performance standards for new and modified HMIWIs must reflect MACT, "the maximum degree of reduction in emissions of air pollutants ... that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable."(254) The NSPS may require pollutants to be removed or destroyed "before, during, or after combustion, and shall incorporate for new units siting requirements that minimize, on a site specific basis, to the maximum extent practicable, potential risks to public health or the environment."(255) Section 129 also requires that "[t]he degree of reductions in emissions that is deemed achievable for new units in a category shall not be less stringent than the emissions control that is achieved in practice by the best controlled similar unit, as determined by the Administrator."(256) Because this language establishes a threshold limit below which EPA may not set emission limitations, this latter standard of minimum performance is known as the MACT floor.(257) Although the MACT floor represents a statutory minimum, EPA is required by the CAA to evaluate standards more stringent than the MACT floor, and it may set performance levels to be adopted as MACT that are higher than the MACT floor. In making this determination, EPA also must consider the following factors set forth in section 129(a)(2): costs, non-air quality health and environmental impacts, and energy requirements.(258)

1. Determination of the MACT Floor

Before selecting MACT, EPA must determine the MACT floor, which sets the minimum emissions control level. Again, the MACT floor for new units is the level of emissions control achieved by the best controlled similar HMIWIs.(259) As discussed above, in the proposal EPA divided the HMIWIs (then MWI) into three subcategories based on design differences or type: continuous, intermittent, and batch.(260) At the time of the 1995 Proposed Rule, EPA determined the MACT floors for the proposed standards by reviewing the performance of various control technologies and identifying HMIWIs within each subcategory that utilize the best control technology for each pollutant for which emission limitations must be set.(261)

In the Proposed Rule, EPA determined that for new continuous HMIWIs, the lowest emission levels for all pollutants were achieved by using dry sorbent injection followed by a fabric filter (DI/FF) with carbon injection. Thus the MACT floor for this type of HMIWI was the level of emissions achieved by this control technology.(262) For intermittent HMIWIs, EPA determined that although a DI/FF with carbon injection was not known to be used on intermittent HMIWIs, it afforded the best level of control for this type of HMIWI, and thus was determined to be the MACT floor.(263) Finally, the MACT floor for new batch HMIWIs was determined to be the emission levels achieved by a DI/FF without carbon injection, although this technology also was not known to be in use on any batch unit.(264) However, EPA acknowledged in the Proposed Rule that if subcategorization was determined based on size in addition to or rather than the type of incinerator, the MACT floor might change.(265) EPA requested comments specifically on its decision to subcategorize by type of HMIWI.(266)

Because of the comments received on the proposal, EPA decided to change its subcategorization of HMIWIs from a classification based on the type of incinerator to one based on size of incineration unit: small, medium, and large HMIWIs.(267) Consequently, EPA made changes in HMIWIs inventory estimates and conclusions regarding the performance of various technologies.(268) Because the MACT floor can be affected by these factors, EPA reanalyzed its MACT floor determination after the 1995 Proposed Rule but before the 1996 Reproposal.(269)

After re-examination, EPA determined and announced in the 1996 Reproposal that the MACT floor for small HMIWIs is the emission level achievable with good combustion and a moderate efficiency wet scrubber.(270) For medium HMIWIs, EPA concluded that emission levels achieved by good combustion and a combination of two control technologies--the high efficiency wet scrubber and the DUFF dry scrubber system without activated carbon injection--provided the MACT floor.(271) Finally, EPA decided that for large HMIWIs, a similar combination of good combustion plus two control technologies the high efficiency wet scrubber and the DUFF dry scrubber system with activated carbon injection--provided the best basis for the MACT floor.(272) Based upon these control technologies, EPA published revised MACT floor emission levels for new HMIWIs in the 1996 Reproposal.(273) Despite objections made by commentators to the dry/ wet scrubbing systems, EPA retained the 1996 Reproposal's MACT floors in the 1997 Final Rule.(274)

2. Selection of MACT

a. Regulatory Options

In its 1995 Proposed Rule, EPA determined that the MACT floor for continuous and intermittent HMIWIs was achieved by DUFF with carbon injection.(275) Because EPA concluded that there were no other control technology options, DI/FF with carbon injection, in addition to being the MACT floor, was also selected by EPA to be MACT.(276) EPA determined there were no effective [NO.sub.x] or [SO.sub.2] controls, thus MACT reflected no control of either pollutant.(277) However, because the CAA requires numerical emission limitations, EPA proposed such limits on [NO.sub.x] and [SO.sub.2] emissions based on the highest measured uncontrolled [NO.sub.x] and [SO.sub.2] emissions.

For batch HMIWIs, however, EPA determined in the 1995 Proposed Rule that a level of control more effective than the MACT floor existed, namely DI/FF with carbon injection. EPA considered the statutory factors, and under MACT this was the level of control this particular system achieved.(278) For batch HMIWIs, EPA determined that the MACT floor was DI/FF without carbon injection, but that MACT was DUFF with carbon injection. Using the same reasoning applied to new continuous and intermittent HMIWIs, [NO.sub.x] and [SO.sub.2] emission limits for batch HMIWIs were based on the highest uncontrolled emission rates EPA measured.(279)

As noted, after the promulgation of the 1995 Proposed Rule, EPA received numerous comments, which contained a great deal of information neither in EPA's possession nor under its consideration. Consequently, in the 1996 Reproposal EPA changed the basis of its subcategorization from design (continuous, intermittent, and batch) to size (small, medium, and large) and also considered regulatory options for new HMIWIs that it did not consider in the Proposed Rule. After identifying control technologies to meet the revised MACT floor emission limits, EPA in the 1996 Reproposal reviewed performance capabilities of other control technologies. EPA tried to determine if technologies existed that might achieve greater emission reductions than those technologies required to meet the MACT floor emission limits, as CAA section 129(a)(2) required.(280) EPA considered three regulatory options, which are summarized in Table 1 below. Regulatory option one reflects the control technology required to meet the MACT floor emission limits.

TABLE 1. LEVEL OF AIR POLLUTION CONTROL ASSOCIATED WITH EACH REGULATORY OPTION FOR NEW HMIWIs(281)
MWI                            Regulatory Options
                            1                      2

Small 200 lb/hr     Good combustion        Good combustion
                    and moderate           and moderate
                    efficiency wet         efficiency wet
                    scrubber               scrubber

Medium 201-500      Good combustion,       Good combustion,
lb/hr               dry injection/fabric   dry injection/fabric
                    filter system, and     filter system with
                    high efficiency wet    carbon, and high
                    scrubber               efficiency wet
                                           scrubber

Large > 500 lb/hr   Good combustion,       Good combustion,
                    dry injection/fabric   dry injection/fabric
                    filter system with     filter system with
                    carbon, and high       carbon, and high
                    efficiency wet         efficiency wet
                    scrubber               scrubber

MWI
                             3

Small 200 lb/hr     Good combustion
                    and high efficiency
                    wet, scrubber

Medium 201-500      Good combustion,
lb/hr               dry injection/fabric
                    filter system with
                    carbon, and high
                    efficiency wet
                    scrubber

Large > 500 lb/hr   Good combustion,
                    dry injection/fabric
                    filter system with
                    carbon, and high
                    efficiency wet
                    scrubber


For small new HMIWIs, EPA determined that the MACT floor required good combustion and moderate efficiency wet scrubbers. EPA included this technology in regulatory options one and two for small new HMIWIs.(282) EPA identified a second control technology--good combustion and high efficiency wet scrubbing systems--that it included as the level of control required for small HMIWIs in regulatory option three.(283) EPA concluded that use of this technology in regulatory option three would result in a greater reduction in PM emissions than the technology in regulatory options one and two, but its use would not achieve further reductions in metals (Hg, Pb, and Cd), acid gases (HC1), or dioxins.(284)

For medium new HMIWIs, the MACT floor requires good combustion and a combined wet/dry scrubbing system without activated carbon. EPA used this technology for medium new HMIWIs in regulatory option one.(285) In regulatory options two and three, EPA opted for good combustion and a combined wet/dry scrubbing system with activated carbon injection.(286)

For large new HMIWIs, the MACT floor requires the use of good combustion and a combined wet/dry scrubbing system with activated carbon injection. EPA did not identify any other air pollution control technologies that achieve more stringent emission limits; thus, it included this technology in all three regulatory options.(287)

EPA constructed the three regulatory options in Table 1 above in order to provide a structure for considering and analyzing the cost, environmental, and energy impacts of the different MACT standards in order to select MACT.(288) Regulatory option one reflects the control technology needed to meet the MACT floor.(289) Regulatory options two and three reflect emission standards more stringent than the MACT floor.

b. Impacts of the Various Regulatory Options

In determining MACT, EPA is required under Clean Air Act section 129 to consider "the cost ... and any non-air quality health and environmental impacts and energy requirements."(290) For the three regulatory options set forth in the Reproposal, EPA considered the air, water, solid waste, energy, cost, and economic impacts.(291) After considering these impacts, EPA stated in the 1996 Reproposal that it was inclined to establish emission limitations based on MACT reflected by regulatory option two.(292)

The emission limitations in the HMIWI Final Rule, set forth in Table 2 below, are based on the emission control technologies evaluated in the 1996 Reproposal.(293) For new small HMIWIs, good combustion and a moderate efficiency wet scrubber are required. For medium and large HMIWIs, good combustion and a combined dry/wet control system with carbon injection are required.(294) These standards reflect the MACT floor emissions for new small and large HMIWIs, but are more stringent than the MACT floor for new medium HMIWIs.(295)

C. Emission Limits

Section 129 of the CAA requires in the performance standards for all solid waste incineration units, including HMIWIs, numerical emission limitations for the following air contaminants: "particulate matter (total and fine), opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans."(296) Section 129 also gives EPA the authority to set emission limits for pollutants other than those listed.(297) The subpart Ec standards set emission limits only for the nine pollutants for which section 129 requires limits be established. Regulated HMIWIs may meet these emission limits by the use of any control technology or any other available means. The emission limits apply at all times except during periods of startup, shutdown, or malfunction.(298) Table 2 sets forth the emission limits applicable to new or modified HMIWIs.(299)

In addition to the emission limits for the nine pollutants set forth in Table 2, new HMIWIs are also subject to opacity and combustion ash limits. After the date on which the initial performance test has been or is required to be completed, no HMIWI is allowed to discharge from a stack into the atmosphere any gases that exhibit greater than ten percent opacity, measured at six-minute block averages.(301)

An HMIWI, when combusting waste, creates bottom ash in its primary chamber.(302) In batch and intermittent HMIWIs, this bottom ash is removed periodically, and in continuous HMIWIs, it is removed continuously.(303) Ash is also captured from the exhaust gas stream by fabric filters, and this fly ash also must be removed periodically.(304) Fugitive emissions can be created when removing ash as part of the removal and disposal process.(305) After the date on which the initial performance test is completed or is required to be completed, no HMIWI is allowed to discharge from an ash conveying system visible emissions of combustion ash into the atmosphere in excess of five percent of the observation period. For example, an HMWI could not discharge visible emissions of combustion ash for more than nine minutes per three-hour period, according to EPA Reference Method 22.(306) There are two exceptions to this prohibition. First, the combustion ash emission limit does not apply inside a building or enclosure containing an ash conveying system.(307) Second, the combustion ash emission limit does not apply during maintenance and repair of the ash conveying system.(308)

D. Operator Training and Qualification Requirements

Section 129 requires that three years after promulgation of standards and guidelines for a particular category, it will be unlawful for a solid waste incineration unit to operate unless each person who oversees control processes has completed an approved training program.(309) An affected facility shall have a fully trained and qualified HMIWI operator onsite or within one hour of the facility at all times the facility is operating.(310) The training required for an HMIWI operator may be obtained through a state-approved program or by completing certain requirements set forth in subpart Ec.(311) The training course must include at least twenty-four hours of instruction on certain subjects set forth in the rule, an examination of the material covered, and reference material that covers the course topics.(312)

To become legally qualified, an HMIWI operator must obtain at least one of the following levels of experience in addition to completing the required training: 1) six months experience as an HMIWI operator, 2) six months experience as a direct supervisor of an HMIWI operator, or 3) completion of at least two burn cycles while being observed by two qualified HMIWI operators.(313) Annual review or refresher courses of at least four-hours duration are required for a trained and qualified HMIWI operator to maintain qualification.(314) Finally, subpart Ec requires that certain documentation be maintained at the facility,(315) that this information be reviewed annually with each HMIWI operator,(316) and that the information be maintained in a location that is readily accessible to operators and to EPA or its delegated enforcement agent.(317)

E. Siting Requirements

Section 129 requires performance standards for HMIWIs to incorporate siting requirements that minimize potential risks to the public health or environment on a site-specific basis and to the maximum extent practical.(318) To implement this provision, EPA, in its Proposed Rule, adopted siting requirements patterned after the prevention of significant deterioration (PSD) requirements in the new source review (NSR) program.(319) Under this approach, a comprehensive air quality analysis regarding the national ambient air quality standards (NAAQS) and PSD increments would be required, as well as an impacts analysis consisting of studies of the potential effect of air, solid waste, and water pollution on visibility, soils, and vegetation.(320) The document was to be prepared and submitted to EPA and was to be available to government officials and the public.(321) Public meetings and a comment/response document would be issued before a decision by the appropriate state or local agency and by EPA.(322) After the 1996 Reproposal, commentators suggested, among other things, that EPA do the following: 1) forego siting requirements, citing their cost and impediment to the permitting process, 2) adopt siting requirements that are consistent with those enacted by many state environmental agencies and, 3) adopt the siting requirements as proposed in 1995.(323)

EPA, in the 1997 Final Rule decided to promulgate siting requirements similar to the minimum requirements set forth in section 129 of the CAA.(324) The siting requirements, as promulgated, require the owner or operator of an HMIWI subject to regulation to prepare an analysis of the impacts of the facility that must consider air pollution control options that minimize, on a site-specific basis and to the maximum extent possible, the potential risks to public health and the environment.(325) The analysis may consider costs, energy impacts, nonair environmental impacts, or other factors that relate to the practicability of the options.(326) If an owner or operator has prepared an analysis of facility impacts in order to comply with federal, local, or state regulatory requirements and this analysis considered air pollution control options, it may be sufficient for compliance with the HMIWI siting requirements.(327) Finally, the siting requirements must be submitted pursuant to the reporting and recordkeeping requirements of subpart Ec.(328)

F. Waste Management Plan

In an effort to reduce the toxic emissions from HMIWIs, owners or operators are required to prepare a waste management plan identifying the feasibility of separating some of the solid waste components from the health care waste stream before incineration.(329) The plan must set forth the approach to be used in removing components of the waste stream and may include "elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products."(330) Different areas or departments of the facility are allowed to have different goals. Every waste stream need not have waste management goals.(331) Finally, reasonably available additional waste management measures should be identified, and owners and operators are required to consider information provided in a publication of the American Hospital Association when developing their waste management plans.(332)

G. Compliance and Performance Testing Requirements

The standards require that the owner or operator of the facility conduct initial and annual performance tests to demonstrate compliance with the emission limits.(333) The initial and annual performance tests must be conducted using EPA-approved methods.(334) There are provisions for less frequent testing if the facility consistently demonstrates compliance.(335) After the initial performance test, the owners or operators must demonstrate compliance with the emission limits by routine stack testing and monitoring site-specific operating parameters.(336)

An initial performance test must be conducted to determine compliance with emission limits.(337) Performance tests require three separate valid test runs with a minimum sampling time of one hour per run.(338) An initial performance test is required for emission of all regulated pollutants except [SO.sub.2].(339) Opacity must be tested on an annual basis after the initial performance test.(340) Compliance with the PM, CO, and HCl emission limits also is determined by annual performance tests, but if performance tests for a particular pollutant show compliance for three consecutive years, a test for that pollutant can be foregone for the subsequent two years.(341)

During the initial performance test, the owner or operator of an affected facility operating with 1) a dry scrubber followed by a fabric filter, 2) a wet scrubber, or 3) a dry scrubber followed by a fabric filter and wet scrubber, is required to establish appropriate maximum and minimum operating parameters, indicated in Table 3 below, to serve as the site-specific operating parameters.(342) The rule sets forth operating conditions that shall constitute violations for each of these three types of air pollution control devices.(343) Owners or operators of facilities not using one of these three types of air pollution control devices must petition EPA to establish other site-specific operating parameters.(344) After the initial performance test, an owner or operator may repeat a performance test within thirty days of a violation to show that the facility is not in violation of an emission limit(345) and may repeat a performance test at any time to establish new values for the operating parameters.(346)

TABLE 3: OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND RECORDING FREQUENCIES(353)
Operating                Minimum frequency
parameters to         Data mea-           Data
be monitored          surement            Recording

Maximum operating parameters:

Maximum charge        Continuous          1xhour
rate

Maximum fabric fil-   Continuous          1xminute
ter inlet tempera-
ture

Maximum flue gas      Continuous          1xminute
temperature

Minimum operating parameters:

Minimum secondary     Continuous          1xminute
chamber tempera-
ture

Minimum dioxin/       Hourly              1xhour
furan sorbent flow
rate

Minimum HCI sor-      Hourly              1xhour
bent flow rate

Minimum mercury       Hourly              1xhour
(Hg) sorbent flow
rate

Minimum pressure      Continuous          1xminute
drop across the wet
scrubber or mini-
mum horsepower ol
amperage to wet
scrubber

Minimum scrubber      Continuous          1xminute
liquor flow rate

Minimum scrubber      Continuous          1xminute
liquor pH

                               Control system
Operating               Dry scrubber
parameters to            followed by         Wet
be monitored            fabric filter     Scrubber

Maximum operating parameters:

Maximum charge                x               x
rate

Maximum fabric fil-           x
ter inlet tempera-
ture

Maximum flue gas              x               x
temperature

Minimum operating parameters:

Minimum secondary             x               x
chamber tempera-
ture

Minimum dioxin/               x
furan sorbent flow
rate

Minimum HCI sor-              x
bent flow rate

Minimum mercury               x
(Hg) sorbent flow
rate

Minimum pressure                              x
drop across the wet
scrubber or mini-
mum horsepower ol
amperage to wet
scrubber

Minimum scrubber                              x
liquor flow rate

Minimum scrubber                              x
liquor pH

                        Dry Scrubber
Operating                followed by
parameters to         fabric filter and
be monitored            wet scrubber

Maximum operating parameters:

Maximum charge                x
rate

Maximum fabric fil-           x
ter inlet tempera-
ture

Maximum flue gas
temperature

Minimum operating parameters:

Minimum secondary             x
chamber tempera-
ture

Minimum dioxin/               x
furan sorbent flow
rate

Minimum HCI sor-              x
bent flow rate

Minimum mercury               x
(Hg) sorbent flow
rate

Minimum pressure              x
drop across the wet
scrubber or mini-
mum horsepower ol
amperage to wet
scrubber

Minimum scrubber              x
liquor flow rate

Minimum scrubber              x
liquor pH


H. Monitoring Requirements

Section 129 directs EPA to promulgate regulations that require owners or operators to monitor ambient air emissions, monitor other parameters EPA determines are appropriate, and report the results of their monitoring.(347) Continuous emissions monitoring systems (CEMS) provide the best method of determining compliance with emission limitations, and CEMS are EPA's first choice for ensuring continuous compliance with specific emission limitations.(348) EPA considers other options only when including CEMS is unreasonable or CEMS are not available.(349) Compared to CEMS, other monitoring options are typically less expensive, but the quality of the information collected to measure compliance also declines.(350) For HMIWIs, EPA concluded that the cost of CEMS is high, compared to the cost of the incinerator and the cost of the air pollution control device required to meet the emission limits, and the CEMS do not supply much information regarding dioxin/furan and toxic metals.(351) Therefore, in the Final Rule EPA opted for routine stack testing and continuous monitoring of operating parameters.(352) Table 3 sets forth the subpart Ec requirements related to operating parameters.

In addition to monitoring the operating parameters, an owner or operator of an affected unit is required to maintain and operate a device or method for measuring the use of the bypass stack, including date, time, and duration.(354) Owners or operators using technology other than that identified as the basis of EPA's regulations must maintain and operate whatever equipment is required in order to monitor the site-specific operating parameters.(355) Finally, an owner or operator must obtain monitoring data whenever the HMIWI is operating except when the monitoring equipment malfunctions or is being repaired or calibrated.(356)

I. Reporting and Recordkeeping Requirements

In addition to the reporting and recordkeeping requirements imposed on new and modified HMIWIs under subpart Ec, HMIWIs must also comply with the general notification requirements applicable to all new stationary sources.(357) Before construction and initial startup of new or modified HMIWIs, certain notification requirements must be met. Before construction is started, an owner or operator must submit notice of the intent to construct, the anticipated date for commencement of construction, and the documentation resulting from the siting analysis.(358) Before the initial startup, additional information must be submitted. Specifically, the following information is required: 1) the types of waste to be burned, 2) the maximum design waste burning capacity, 3) the anticipated maximum charge rate, and 4) the petition for site-specific operating parameters, if applicable.(359)

Within sixty days after the initial performance test, the performance test data, values for site-specific monitoring parameters, and the waste management plan must be submitted.(360) Within one year of the submission of this data, an annual report must be submitted, followed by an annual report every year within one year of the submission of the prior year's report.(361) Semiannual reports are required to be submitted regarding emission rates or operating parameter data that have not been obtained, malfunctions, and emission rate and operating parameter exceedances.(362)

Recordkeeping requirements are extensive. Owners and operators are required, where applicable, to keep records of numerous types of monitoring and testing data, including CEMS pollutant concentration and opacity data, fugitive emissions data, charge rates, sorbent amounts and types, chamber temperatures, scrubber data, and bypass stack data.(363) Records regarding lack of emission rates or operating parameter data; malfunctions, emission rate and operating parameter exceedances; results of initial, annual, and subsequent performance tests; siting requirements; operator training and qualification; and monitoring device calibrations also must be retained.(364) These records must be kept onsite for at least five years(365) in either paper copy or computer-readable format.(366)

J. Compliance Times

As previously mentioned, new HMIWIs are subject to the NSPS if they commence construction after June 20, 1996 or commence modifications after March 16, 1998.(367) Other significant compliance deadlines appear in Table 4.
TABLE 4. COMPLIANCE TIMES UNDER THE NSPS FOR NEW HMIWIs(368)

Requirements                  Compliance time

Effective date                6 months after promulgation
                              of NSPS.

Operator training and         On effective date or upon initial
qualification requirements    start up, whichever is
                              later.

Initial compliance test       On effective date or within
                              180 days of initial start up,
                              whichever is later.

Performance test              Within 12 months following initial
                              compliance test and annually
                              thereafter. Facilities may conduct
                              performance tests every third year
                              if the previous three performance
                              tests demonstrate compliance with
                              the emission limits.

Operator parameter            Continuously, upon completion
monitoring                    of initial compliance
                              test.

Recordkeeping                 Continuously, upon completion
                              of initial compliance
                              test.

Reporting                     Annually, upon completion of
                              initial compliance test;
                              semiannually, if noncompliance.


V. EMISSION GUIDELINES FOR EXISTING SOURCES

A. Overview

The emission guidelines apply to any HMIWIs for which construction was commenced on or before June 20, 1996, the date of the 1996 Reproposal.(369) These HMIWIs are known as existing HMIWIs and the emission guidelines applicable to them will be codified at 40 C.F.R. part 60, subpart Ce.(370) Physical or operational changes made to an existing HMIWI solely for the purpose of complying with the emission guidelines will not bring an existing HMIWI under the NSPS applicable to new or modified HMIWIs.(371)

These guidelines consist of air pollutant emission limitations, which are at least as stringent as the MACT floor and which reflect MACT, although small existing rural HMIWIs have only a MACT floor requirement.(372) For approval of a state program, the state must establish emission limits at least as stringent as those set forth in EPA's emission guidelines.(373) In addition to the emission limits, subpart Ce contains additional requirements similar to those contained in subpart Ec for new HMIWIs, including operator training and qualification requirements, the preparation of a waste management plan, compliance and performance testing requirements, monitoring requirements, and reporting and record-keeping requirements.(374) Because subpart Ce regulates existing HMIWIs, it does not contain siting requirements, but unlike subpart Ec, subpart Ce contains additional requirements such as inspection guidelines applicable to existing HMIWIs.(375)

B. Maximum Achievable Control Technology (MACT)

The subpart Ce regulations implement sections 129 and 111(d) of the CAA by setting emission guidelines and compliance schedules for use by states in promulgating regulations to control emissions from existing HMIWIs. In most situations, control under section 111(d) is appropriate when a pollutant may cause or contribute to endangerment of public health or welfare but is not known to be "hazardous" within the meaning of section 112, and is not controlled under sections 108 through 110 because, for example, it is not emitted from "numerous or diverse" sources as required by section 108.(376) As specified in 40 C.F.R. [sections] 60.23, states are required to adopt and submit to the Administrator a plan that implements the section 111(d) guidelines within nine months after the promulgation of the guidelines.(377) Section 111 requires that the procedure for state submission of a plan shall be similar to the procedure for submission of state implementation plans (SIPs) under section 1107.(378) Section 111 also provides that EPA shall prescribe a plan according to procedures similar to those in section 110(c) if a state fails to submit a "satisfactory plan."(379) The proposed emission guidelines apply to each designated facility for which construction is commenced on or before June 20, 1996.(380)

Just as new and modified HMIWIs are required to comply with performance standards that reflect MACT, existing HMIWIs must meet emission guidelines that reflect MACT.(381) However, the MACT floor for existing HMIWIs is different than the MACT floor for new and modified HMIWIs. Moreover, guidelines promulgated under CAA section 129 are mandatory while guidelines under CAA section 111(d) need only follow the procedure discussed above.(382)

1. Determination of the MACT Floor

MACT for-existing units must be at least as stringent as the average emissions achieved by the best performing twelve percent of units in the same category.(383) This is the MACT floor. From this top twelve percent of existing HMIWIs, EPA has established floor emission levels. MACT is established based on these MACT floor levels. The guidelines do not require any specific technology to be used, however, specific technologies are used in the evaluation process to develop the emission limitations that appear in the guidelines, and this has the effect of specifying an applicable technology. The MACT floor for each pollutant is the minimum level of emissions control that EPA may set in guidelines for existing HMIWIs. EPA may decide that MACT should require more stringent allowable emission levels than the MACT floor.(384)

2. Selection of MACT

a. Regulatory Options

EPA concluded in the 1995 Proposed Rule that all existing HMIWIs required good combustion and dry scrubbers to meet the MACT floors for CO, PM, and HCl.(385) Thus, EPA looked at only the following: two regulatory options for MACT: 1) emission limitations achievable with good combustion and dry scrubbers, and 2) emission limitations achievable with good combustion and dry scrubbers with activated carbon injection.(386) EPA selected the latter as MACT.(387)

EPA received numerous comments in response to the proposal, and developed new MACT floor emission levels and new regulatory options.(388) EPA concluded that in order to meet the MACT floor emission levels, large existing HMIWIs would have to use good combustion and a high efficiency wet scrubber, medium existing HMIWIs would be required to use good combustion and a moderate efficiency wet scrubber, and small HMIWIs would need to use only good combustion practices.(389) Consequently, in the 1996 Reproposal, EPA published revised MACT floor emission levels for existing HMIWIs.(390)

Having identified the MACT floors for small, medium, and large HMIWIs, EPA reviewed performance technologies capable of achieving greater reductions in emissions. As a result, EPA considered six regulatory options for existing HMIWIs.(391) For small HMIWIs, good combustion is the technology that will meet the MACT floor emission levels. EPA considered this MACT floor for small HMIWIs in regulatory option one.(392) In identifying regulatory options for small HMIWIs, EPA considered subcategorizing the small HMIWI group into urban and rural HMIWIs because of the difference in the availability of disposal options, other than incineration, in urban versus rural areas.(393) EPA chose good combustion in rural areas, and good combustion and a low efficiency wet scrubber for urban areas, as a more stringent technology for small HMIWIs in regulatory option two.(394)

EPA chose as a third regulatory option, for both urban and rural HMIWIs, good combustion and low efficiency wet scrubbing systems;(395) and as a fourth regulatory option, EPA chose good combustion and moderate efficiency wet scrubbing.(396) EPA selected the following two other regulatory options for small HMIWIs: 1) the use of good combustion and high efficiency wet scrubber systems, and 2) the use of good combustion and dry scrubbing systems with activated carbon injection.(397) These last two technologies are reflected in EPA's regulatory options five and six.

The MACT floor for medium existing HMIWIs is good combustion and moderate efficiency wet scrubbing systems; thus, this was selected by EPA as regulatory option one for medium HMIWIs.(398) Emission guidelines based on good combustion and high efficiency wet scrubbing systems reflected regulatory option two for medium HMIWIs.(399) Finally, the use of good combustion and high efficiency wet scrubbing systems is necessary to meet the MACT floor emission limits for medium HMIWIs, and this was the only regulatory option identified by EPA for large HMIWIs.(400)

Regulatory option one set out in Table 5 reflects the, air pollution control technology required to meet the MACT floor emission levels. Regulatory options two through six were more stringent than the MACT floor for existing HMIWIs.

TABLE 5. LEVEL OF AIR POLLUTION CONTROL ASSOCIATED WITH EACH REGULATORY OPTION FOR EXISTING HMIWls(401)
                            Regulatory Options
MWI size                     1              2

Small <                 Good com-     Good com-
200 lb/hr               bustion       bustion on
                                      rural; Good
                                      combustion
                                      and low effi-
                                      ciency wet
                                      scrubber on
                                      urban

Medium >                Good com-     Good corn-
200 - 500               bastion and   bastion and
lb/hr                   moderate      moderate
                        efficiency    efficiency
                        wet scrub-    wet scrub-
                        ber           ber

Large >                 Good com-     Good com-
500 lb/hr               bastion and   bastion and
                        high effi-    high effi-
                        ciency wet    ciency wet
                        scrubber      scrubber

MWI size                     3              4

Small <                 Good com-     Good com-
200 lb/hr               bustion and   bustion and
                        low effi-     moderate
                        ciency wet    efficiency
                        scrubber      wet scrub-
                                      ber

Medium >                Good com-     Good com-
200 - 500               bastion and   bastion and
lb/hr                   moderate      moderate
                        efficiency    efficiency
                        wet scrub-    wet scrub-
                        ber           ber

Large >                 Good com-     Good com-
500 lb/hr               bastion and   bastion and
                        high effi-    high effi-
                        ciency wet    ciency wet
                        scrubber      scrubber

MWI size                     5            6

Small <                 Good com-     Good com-
200 lb/hr               bustion and   bustion and
                        moderate      high effi-
                        efficiency    ciency wet
                        wet scrub-    scrubber
                        bet

Medium >                Good com-     Good com-
200 - 500               bastion and   bastion and
lb/hr                   high effi-    high effi-
                        ciency wet    ciency wet
                        scrubber      scrubber

Large >                 Good com-     Good com-
500 lb/hr               bastion and   bastion and
                        high effi-    high effi-
                        ciency wet    ciency wet
                        scrubber      scrubber


b. Impacts of the Various Regulatory Options

As discussed in Subpart IV.B.2.b, section 129 requires EPA to consider cost, any non-air quality health and environmental impacts, and energy requirements when choosing MACT.(402) In choosing MACT for existing units, EPA considered air, water, solid waste, energy, cost, and economic impacts just as it did in selecting MACT for new HMIWIs.(403) In the 1996 Reproposal, EPA considered six regulatory options and stated that it thought MACT was best reflected by regulatory option two for medium and large HMIWIs. EPA requested more comments on regulatory option two for small HMIWIs, which provided for segregating small HMIWIs into urban and rural categories.(404)

In the HMIWI Final Rule, EPA based its emission guidelines for small existing HMIWIs on the use of good combustion and low efficiency wet scrubbers, although certain small rural HMIWIs need only to meet a good combustion standard.(405) For medium-size existing HMIWIs, the guidelines base their emission limitations on the use of good combustion and a moderate efficiency wet scrubber, which is the MACT floor.(406) For large existing HMIWIs, the emission limitations are based on the use of good combustion and a high efficiency wet scrubber.(407) The emission limitations for medium and large existing HMIWIs also can be met by using a dry scrubber, but because dry scrubbers typically cost much more than wet scrubbers and produce only a small additional reduction in air pollution, they are unlikely to be used.(408)

C. Emission Guidelines

Section 129 requires emission guidelines for existing units to have numerical emission limitations for the same set of pollutants for which it requires limitations for new sources,(409) specifically "particulate matter (total and fine), opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans."(410) Like subpart Ec, subpart Ce establishes numerical emission limitations only for the nine section 129 pollutants.(411) Table 6 sets forth the numerical emission guidelines applicable to existing HMIWIs.
TABLE 6. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE
EXISTING HMIWIs(412)

Pollutant     Units (7 percent oxygen,
              dry basis)

Particulate   Milligrams per dry standard cubic
matter        meter (grains per dry standard
              cubic foot).

Carbon        Parts per million by volume
monoxide

Dioxins/      Nanograms per dry standard cubic
furans        meter total dioxins/furans (grains
              per billion dry standard cubic feet)
              or nanograms per dry standard
              cubic meter TEQ (grains per
              billion dry standard cubic feet).

Hydrogen      Parts per million by volume or
chloride      percent reduction

Sulfur        Parts per million by volume
dioxide

Nitrogen      Parts per million by volume
oxides

Lead          Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction.

Cadmium       Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction.

Mercury       Milligrams per dry standard cubic
              meter (grains per thousand dry
              standard cubic feet) or percent
              reduction.

                        Emissions Limits
Pollutant                 HMIWI size

              Small           Medium           Large

Particulate   115 (0.05)      69 (0.03)        34 (0.015)
matter

Carbon        40              40               40
monoxide

Dioxins/      125 (55) or     125 (55) or      125 (55) or
furans        2.3 (1.0)       2.3 (1.0)        2.3 (1.0)

Hydrogen      100 or 93%      100 or 93%       100 or 93%.
chloride

Sulfur        55              55               55
dioxide

Nitrogen      250             250              250
oxides

Lead          1.2 (0.52) or   1.2 (0.52) or    1.2 (0.52) or
              70%             70%              70%

Cadmium       0.16 (0.07)     0.16 (0.07) or   --
              or 65%          65%

Mercury       0.55 (0.24)     0.55 (0.24) or   0.55 (0.24) or
              or 85%          85%              85%


For existing HMIWIs, subpart Ce also requires a state plan to include a requirement at least as protective as the one contained in subpart Ec that prohibits an HMIWI from discharging, from a stack to the atmosphere, any gases that exhibit greater than ten percent opacity.(413) Unlike subpart Ec, subpart Ce does not contain a combustion ash emission limit.(414)

D. Operator Training and Qualification Guidelines

Section 129 requires training for "each person with control over processes affecting emissions" from a solid waste incineration unit.(415) For new HMIWIs the standards require an affected facility to be operated by a trained operator or by an individual under the direct supervision of a trained and qualified operator.(416) For existing HMIWIs, subpart Ce requires a state plan to include requirements at least as protective as those governing operator training and qualification contained in subpart Ec.(417)

E. Inspection Guidelines for Small Rural HMIWIs

For a state plan to gain approval, subpart Ce requires that it contain a requirement that small rural HMIWIs undergo an initial equipment inspection within one year after approval of the state plan. Any problems that are discovered have to be corrected within ten operating days.(418) These facilities must then be inspected annually.(419) The Final Rule requires inspections of small rural HMIWIs to include seventeen specified items including: inspection of all burners, pilot assemblies, pilot sensing devices, hinges, door latches, dampers, fans, blowers, doom, door gaskets, motors, primary chamber refractory lining, secondary and tertiary chamber and stack, mechanical loader, waste bed grates, air pollution control devices, waste heat boiler systems, and bypass stack components; adjustment of primary and secondary chamber combustion air; inspection of incinerator shell for hot spots; calibration of monitoring systems; and documentation that the incinerator is burning properly on the burn following inspection.(420) All necessary repairs must be completed within ten operating days after an inspection, unless the state agency approves in writing another date by which repairs will be completed.(421)

F. Waste Management Guidelines

For existing HMIWIs, subpart Ce requires simply that before a state plan will be approved, it must include the requirements for a waste management plan at least as stringent as those requirements regarding waste plans contained in subpart Ec.(422)

G. Compliance and Performance Testing Guidelines

A state plan must include the compliance and performance testing requirements contained in subpart Ec in order to obtain approval under subpart Ce.(423) In addition, the state plan must require that small rural HMIWIs meet additional conditions including: conducting certain performance testing requirements contained in subpart Ec,(424) establishing maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters, and complying with the established operating parameters.(425)

H. Monitoring Guidelines

Once again, for a state plan dealing with existing HMIWIs to be approved, it must contain requirements set forth in subpart Ec, which includes the monitoring requirements found in section 60.57c.(426) A state plan must contain additional requirements for small rural HMIWIs, including the operation and maintenance of a device that will record and measure the secondary chamber temperature, the operation and maintenance of a device that will automatically measure and record the date, time, and weight of each charge fed to the HMIWI, and the acquisition of monitoring data for all periods the HMIWI is operating, except when the monitoring equipment is malfunctioning.(427)

I. Reporting and Recordkeeping Guidelines

The requirements for reporting and recordkeeping for existing HMIWIs are the same or similar to those that apply to new HMIWIs. In order to be approved, a state plan must contain the requirements listed in section 60.58c(b), (c), (d), (e), and (f) of subpart Ec of part 60, excluding section 60.58c(b)(2)(ii) regarding fugitive emissions and (b)(7) regarding siting.(428) For small rural HMIWIs, a state plan must require that the owner or operator maintain records of the annual inspection, any required maintenance, and any repairs not made within ten days.(429) The owner or operator is also required to submit annual reports signed by the facility manager, and when a Title V program is in effect, the reports must be filed semiannually.(430)

J. Compliance Times

Any state that contains a designated facility was required to submit a plan for implementing the guidelines to EPA by September 15, 1998.(431) Existing facilities must generally comply with requirements within one year after EPA approval of the state plan,(432) but there are exceptions.(433) Operator training and qualification and inspection requirements must be in compliance within one year following EPA approval of the state plan.(434) If a state has not promulgated an approvable plan within two years after promulgation of the emission guidelines, EPA must develop, implement, and enforce a plan.(435) Regardless of the status of the state plum, all designated facilities must be in compliance within five years after September 15, 1997, the promulgation date of the emission guidelines.(436) Significant compliance deadlines appear in Table 7.
TABLE 7. COMPLIANCE TIMES UNDER THE EMISSION GUIDELINES FOR
EXISTING HMIWVIs(437)

Requirements                 Compliance time

State Plan submittal         Within 1 year after promulgation of EPA
                             emission guidelines.
Operator training and        Within 1 year after EPA approval of
qualification requirements   State Plan.
Inspection requirements      Within 1 year after EPA approval of
                             State Plan.
Initial compliance test      Within 1 year after EPA approval of
                             State Plan or up to 3 years after EPA
                             approval of State Plan if the source is
                             granted an extension
Repeat performance test      Within 12 months following initial
                             compliance test and annually
                             thereafter.
Parameter monitoring         Continuously, upon completion of
                             initial compliance test.
Recordkeeping                Continuously, upon completion of
                             initial compliance test.
Reporting                    Annually, upon completion of initial
                             compliance test; semiannually,
                             if noncompliance.


VI. IMPACTS OF THE STANDARDS AND GUIDELINES

As discussed earlier in this Article, a generator of HMIW that wants to dispose of that waste has a number of options other than using onsite incineration. Noninfectious waste can be sent to landfills or recycled, and infectious waste can be sent to a commercial incinerator or disinfected by a

number of available technologies.(438) Facilities that generate hospital or medical/infectious waste and that have incinerated it onsite may choose to use one of their other options for disposal. Likewise, facilities considering onsite incineration as a disposal option should now consider other disposal options. Because facilities using onsite incineration, and those considering it, may switch to another disposal method, EPA developed three compliance scenarios under which it evaluated the impacts of the standards and guidelines.(439) Specifically, the three compliance scenarios are as follows: 1) scenario A, which involves no switching; 2) scenario B, which entails switching with waste segregation; and 3) scenario C, which involves switching without waste segregation.(440) Summaries of EPA's conclusions regarding the impacts of the standards and guidelines are presented below.

A. Impacts of the Standards for New HMIWIs

If the new standards had not been promulgated, EPA estimates that eighty-five new small HMIWIs, ninety new medium HMIWIs, sixty new large HMIWIs, and ten new commercial HMIWIs would have been installed in the five years following the September 1997 promulgation of the HMIWI Final Rule, for a total of 245 new HMIWIs.(441) Based upon these assumptions regarding new HMIWIs, EPA estimates for :scenario A that an annual expenditure of $36.2 million will be required for the control measures necessary to meet the new standards.(442) However, EPA also concluded that this estimate is "unrealistic and grossly overstates the national costs associated with the standards."(443)

EPA's alternative scenario B is that no new small, medium, or large HMIWIs will be installed, other than large commercial HMIWIs.(444) EPA estimates the costs of this scenario to be $12.1 million per year.(445) Under a third scenario, no new small or medium HMIWIs would be installed, but large HMIWIs would be built.(446) EPA estimates the associated annual cost for this scenario C to be $26.2 million per year.(447) EPA projects that the total cost of compliance with the final standards for new sources will fall between its B and C scenarios, that is, between $12.1 million and $26.2 million per year.(448)

The benefits of the regulations include a projected decrease in emissions for all of the air contaminants for which emission limitations have been promulgated. EPA estimates that in the fifth year following implementation of the NSPS, HMIWI particulate matter emissions will be reduced by eight-five to ninety-two percent, carbon monoxide by zero to fifty-two percent, CDD/CDF by seventy-four to eight-seven percent, and HCl by ninety-five to ninety-eight percent. EPA projects a reduction of heavy metal emissions from HWIWIs by eighty-five to ninety-two percent for lead, eighty-three to ninety-one percent for cadmium, and forty-five to seventy-four percent for mercury. [SO.sub.2] and [NO.sub.x] emissions from HWIWIs are expected to drop by zero to fifty-two percent.(449) EPA was not able to quantify the human or environmental benefits of the HMIWI Final Rule's air quality improvements or to assign a monetized value for each of the emission reductions, yet it did so for PM.(450) EPA concluded that the PM emissions reduction from HWIWIs will result in annual benefits of $157,000 to $170,000.(451) According to EPA, increases in energy use, solid waste, and wastewater due to the implementation of the new standards will be insignificant.(452)

Industries that generate hospital waste or medical/infectious waste, such as hospitals, nursing homes, veterinary facilities, commercial research laboratories, and commercial medical waste incinerators, are expected to see slight price increases of up to 0.16%.(453) Output and employment impacts are expected to range from zero to 0.21%.(454) Revenues are expected to change as well, ranging from an increase of 0.05% to a decrease of 0.05%.(455) Most facilities will be able to switch disposal methods more inexpensively than to install a new HMIWI.

B. Impacts of the Guidelines for Existing HMIWIs

EPA estimates that in 1997, 1139 existing small, 692 existing medium, 463 existing large, and 79 existing commercial HMIWIs were operating in the United States.(456) For these 2373 existing facilities, EPA estimates that under its scenario A (no switching), the cost of additional control measures required to meet the guidelines would be $172 million per year.(457) EPA believes these national costs are unrealistic and grossly overstated because facilities will cease operation and alternative methods of waste disposal will be used to lower the costs of complying with the guidelines for existing sources.(458)

EPA projects that many HMIWIs will cease operation, including ninety-three to one hundred percent of existing nonremote small HMIWIs, sixty to ninety-five percent of existing medium HMIWIs, and as many as thirty-five percent of existing large HMIWIs.(459) Under alternative scenarios B and C, EPA assumed all seventy-nine commercial units and all 114 small units meeting the remote criteria will remain in operation.(460) EPA estimated that the total costs attributable to the final guidelines will fall somewhere between its $59 million per year estimate for its first scenario and the $120 million per year estimate for its second scenario,(461) and the wastes being combusted in the units that cease operation will be subject to other methods of disposal.(462)

EPA believes that emissions of the air contaminants for which emission guidelines have been promulgated will decrease with benefits similar to those gained from the emission limitations applicable to new HMIWIs. EPA estimates that following implementation of the guidelines, particulate matter emissions from existing HMIWIs will be reduced by eighty-eight to ninety-two percent, carbon monoxide by seventy-five to eighty-two percent, CDD/CDF by ninety-six to ninety-seven percent, and HCl by ninety-eight percent. The reduction of heavy metal emissions is expected to be high: eighty to eighty-seven percent for lead, seventy-five to eighty-four percent for cadmium, and ninety-three to ninety-five percent for mercury. Finally, S[O.sub.2] and N[O.sub.x] emissions are expected to drop by zero to thirty percent.(463) EPA was not able to calculate a monetary value for each of the emission reductions, yet for PM, EPA concluded the emissions reduction from existing HMIWIs will result in annual benefits of $5.5 million to $5.8 million.(464) EPA projects that increases in energy use, solid waste, and wastewater from implementation of the emission guidelines will be insignificant.(465)

Due to the HMIWI guidelines, industries that generate hospital waste or medical/infectious waste are expected to see average price increases of up to 0.14%.(466) Output and employment impacts are expected to range from zero to 0.18%.(467) Revenues are expected to change as well, ranging from an increase of 0.05% to a decrease of 0.04%.(468)

VII. CONCLUSION

The final HMIWI rule should result in significant reductions in the emission of many harmful pollutants. However, as a result of the new standards and guidelines, many hospitals and other facilities that generate hospital or medical/infectious waste will be required to find other methods of waste disposal. Many facilities that currently operate onsite HMIWIs will find it more economical to terminate their use of onsite HMIWIs.(469) In addition, hospitals faced with the need for more careful and costly HMIW disposal may find ways to reduce the generation of such wastes.(470)

While the major immediate challenge is to implement the new HMIWI Final Rule, the rule itself is being challenged. On November 14, 1997, the Sierra Club sought review of the Final Rule in the U.S. Court of Appeals for the District of Columbia Circuit.(471) The Sierra Club claimed the rule sets ineffective emission limits for air toxins, especially dioxins and mercury. Also, the Sierra Club claimed the covered sources will not have to install controls equivalent to MACT.(472) Moreover, it is concerned that HMIW burned in large municipal combustors is not adequately regulated.(473) This litigation is unresolved at the time of publication of this Article, but its outcome obviously may affect the future of the regulation of HMIWIs.

The authors wish to thank F. James Cumberland, research assistant, and Ms. Winnie Hercules, legal secretary, for their work in producing this Article.

(1) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,350 (Sept. 15, 1997) (to be codified at 40 C.F.R. pt. 60). In the proposed standards and guidelines and in the reproposal, EPA called these incinerators medical waste incinerators, or MWI. However, in the Final Rule, EPA changed the terminology to hospital/medical/infectious waste incinerators, or HMIWI. Compare Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,654 (Feb. 27, 1995) (to be codified at 40 C.F.R. pt. 60), Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,736 (June 20, 1996), with HMIWI Final Rule, 62 Fed. Reg. at 48,348. EPA has stated that medical waste incinerators (MWI) and hospital/medical/infectious waste incinerators (HMIWI) "are essentially the same" and that the acronyms are interchangeable. OFFICE OF AIR QUALITY PLANNING AND STANDARDS, U.S. ENVIRONMENTAL PROTECTION AGENCY, HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS: BACKGROUND INFORMATION FOR PROMULGATED STaNDARDS AND GUIDELINES--SUMMARY OF PUBLIC COMMENTS AND RESPONSE 1-1, 1-2 (1997) [EPA-453/R-97-006b] [hereinafter EPA, PUBLIC COMMENTS].

(2) HMIWI Final Rule, 62 Fed. Reg. at 48,372.

(3) Id. at 48,350.

(4) Pub. L. No. 101-549, 104 Stat. 2399 (1990) (codified as amended in scattered sections of 42 U.S.C.).

(5) See 42 U.S.C. [sections] 7429 (1994).

(6) 1995 Proposed Rule, 60 Fed. Reg. at 10,655.

(7) 42 U.s.a. [sections] 7429(a)(1)(S), (C) (1994).

(8) Id. [sections] 7429(a)(1)(C).

(9) 42 U.S.C. [sections] 7429(a)(1)(d) (1994) requires EPA to regulate solid waste incinerators that combust industrial or commercial waste. Incinerators potentially included in this definition include any incinerator that does not burn hazardous waste or is not regulated as a medical waste incinerator or as a municipal waste combustor. Regulations were required to be promulgated by November 15, 1994. EPA was sued by the Sierra Club for its failure to promulgate these regulations, and on June 6, 1997, a settlement was proposed that would give the agency until November 15, 2000, to promulgate the regulations. EPA plans to regulate these incinerators as part of a larger rulemaking to regulate five categories of nonhazardous combustion sources that are not regulated by other rules. This Industrial Combustion Coordinated Rulemaking (ICCR) involves industrial boilers, process heaters, industrial/commercial waste incinerators, stationary gas turbines, and stationary internal combustion engines. Settlement Allows EPA Additional Time to Develop Rule for Some Waste Burners, 28 Env't Rep. (BNA) 366 (June 20, 1997).

(10) 42 U.S.C. [sections] 7429(a)(1)(E) (1994). OSWI new source performance standards (NSPS) and emission guidelines are scheduled for promulgation by November 15, 2000. U.S. ENVIRONMENTAL PROTECTION AGENCY, SECOND RETORT TO CONGRESS ON THE STATUS OF THE HAZARDOUS Am POLLUTANT PROGRAM UNDER THE CLEAN AIR ACT 28 (1997) [EPA-453/R-96-015].

(11) Resource Conservation and Recovery Act (RCRA) [subsections] 3004, 3005, 42 U.S.C. [subsections] 6924, 6925 (1994); CAA [sections] 112, 42 U.S.C. [sections] 7412 (1994).

(12) RCRA [sections] 3004(o), (1), (q), 42 U.S.C. [sections] 6924(o), (1), (q) (1994); see David B. Kopel, Burning Mad: The Controversy over Treatment of Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces, 23 Envtl. L. Rep. (Envtl. L. Inst.) 10,216 (Apr. 1993).

(13) EPA's Revised Proposed Technical Standards for Hazardous Waste Combustion Facilities, 62 Fed. Reg. 24,212 (May 2, 1997) (to be codified at 40 C.F.R. pts. 60, 63, 260, 264, 265, 266, 270, 271) [hereinafter Proposed Technical Standards]. EPA regulations list twelve types of industrial furnaces.

(14) U.S. Environmental Protection Agency, Hazardous Waste Incinerators at 3 (last modified May 27, 1998) <http://www.epa.gov/epaoswer/hotline/training/incin.txt>.

(15) Ocean incineration is regulated under the Marine Protection, Research, and Sanctuaries Act, Pub. L. No. 92-532, 86 Stat. 1052 (1972). No regulations exist and therefore such incineration is not allowed by U.S. law. See Arnold W. Reitze, Jr. & Andrew N. Davis, Reconsidering Ocean Incineration as Part of a U.S. Hazardous Waste Program: Separating the Rhetoric from the Reality, 17 B.C. ENVTL. AFF. L. REV. 687 (1990).

(16) 42 U.S.C. [sections] 7429(a)(1) (1994).

(17) Final Medical Waste Incinerator Rule Faces Mid-1997 Deadline Under Settlement, Daily Env't Rep. (BNA), at A-2 (Apr. 24, 1996) (citing Natural Resources Defense Council v. EPA, Nos. CV-92-2093 & CV-93-0284 (E.D.N.Y. Apr. 15, 1996)) [hereinafter Rule Faces Deadline].

(18) Final EPA Medical Waste Incinerator Rule Seeks More Reductions From Larger Units, 28 Env't Rep. (BNA) 581 (July 25, 1997).

(19) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348 (Sept. 15, 1997) (to be codified at 40 C.F.R. pt. 60, subpts. Ce & Ec).

(20) A total of 208 million tons of MSW and 279 million tons of RCRA hazardous waste was generated in 1995 in the U.S. An average of 4.3 pounds of solid waste per person was generated each day in 1995. Office of Solid Waste, U.S. Environmental Protection Agency, Characterization of Municipal Solid Waste in the United States: 1996 Update, EPA No. EPA530-R97-015 (1997) (visited Feb. 10, 1999) <http://www.epa.gov/epaoswer/non-hw/muncpl/ msw96.htm>; HMIWI Final Rule, 62 Fed. Reg. at 48,356 (eighty-five to ninety percent of the waste generated at hospitals is municipal type waste that may be handled without special treatment).

(21) OFFICE OF TECHNOLOGY ASSESSMENT, U.S. CONGRESS, PUB No. OTA-O-459, FINDING THE RX FOR MANAGING MEDICAL WASTES 2 (1990) [OTA-O-459] [hereinafter OTA, FINDING THE RX].

(22) OFFICE OF SOLID WASTE, U.S. ENVIRONMENTAL PROTECTION AGENCY, FIRST INTERIM REPORT TO CONGRESS: MEDICAL WASTE MANAGEMENT IN THE UNITED STATES 1-4 to 1-5 (1990) [hereinafter EPA, FIRST INTERIM REPORT].

(23) Id. at 1-5.

(24) See id.

(25) See id.

(26) Id. Twelve thousand seven hundred nursing homes produce the second largest volume of infectious waste, 29,600 tons per year (tpy) (6.36%); 180,000 physicians' offices produce 26,400 tpy (5.67%); 15,500 clinics produce 16,700 tpy (3.59%); 4300 laboratories produce 15,400 tpy (3.31%); 98,400 dentists' offices produce 7600 tpy (1.63%); 38,000 veterinarians produce 4600 tpy (.99%); 20,400 funeral homes produce 3900 tpy (.84%); and 900 blood banks produce 2400 tpy (.52%). Id.

(27) See OFFICE OF TECHNOLOGY ASSESSMENT, U.S. CONGRESS, PUB. No. OTA-BP-049, ISSUES IN MEDICAL WASTE MANAGEMENT--BACKGROUND PAPER 1 (1988) [hereinafter OTA, BACKGROUND PAPER]; How to Clean Up Needle Beach, N.Y. TIMES, July 24, 1988, at E24; Jane Gross, Beach Debris Still a Mystery, N.Y. TIMES, JULY 12, 1988, at A-l; Two Vials Are Tainted by Hepatitis, N.Y. TIMES, July 12, 1988, at B3; Philip S. Gutis, Fears on the Beaches: What Waste May Mean, N.Y. TIMES, July 12, 1988, at B4.

(28) PETER A. REINHARDT & JUDITH G. GORDON, INFECTIOUS AN[) MEDICAL WASTE MANAGEMENT 11 (1991).

(29) OTA, FINDING THE RX, supra note 21, at 1.

(30) The Office of Technology Assessment reported no fewer than sixteen pieces of medical waste legislation pending in Congress on September 20, 1988. OTA, BACKGROUND PAPER, supra note 27, at 30.

(31) Medical Waste Tracking Act of 1988, Pub. L. No. 100-582, 102 Stat. 2950 (1988).

(32) SWDA [subsections] 11001-11012 (codified as amended at 42 U.S.C. [subsections] 6992-6992k) (1994). It is also called RCRA.

(33) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,667 (Feb. 27, 1995).

(34) Lisa A. Jensen, Medical Waste Regulation in the United States, 9 NAT. RESOURCES & ENV'T 21, 22 (1994).

(35) 1995 Proposed Rule, 60 Fed. Reg. at 10,654, 10,661, 10,678-79.

(36) Bloodborne Pathogens, 29 C.F.R. [sections] 1910.1030 (1997).

(37) Michael R. Shumaker, Note, Infectious Waste: A Guide to State Regulation and a Cry for Federal Intervention, 66 NOTRE DAME L. REV. 555, 557 (1990).

(38) See 42 U.S.C. [sections] 6992(g)(b) (1994).

(39) EPA, Frost INTERIM REPORT, supra note 22, at 6-1; see also OTA, FINDING THE RX, supra note 21, at 27-57.

(40) OTA, FINDING THE RX, supra note 21, at 38-39.

(41) DAVID S. FREEMAN & GREGORY H. SISKIND, MEDICAL WASTE HANDBOOK 2-10 (1998) (citing U.S. ENVIRONMENTAL PROTECTION AGENCY, EPA GUIDE FOR INFECTIOUS WASTE MANAGEMENT 3-15, 5-1 (1986) [9530-SW-86-014] [hereinafter EPA GUIDE]); James L. Boyland & Daniel F. Liberman, Infectious/Medical Waste Management, in BIOHAZARDS MANAGEMENT HANDBOOK 295 (Daniel F. Liberman ed., 1995).

(42) FREEMAN & SISKIND, supra note 41, at 2-10; Boyland & Liberman, supra note 41, at 275, 294.

(43) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,769 (June 20, 1996) (to be codified at 40 C.F.R. pt. 60).

(44) See FREEMAN & SISKIND, supra note 41, at 2-10.

(45) EPA GUIDE, supra note 41, at 5-1.

(46) Id.

(47) OTA, BACKGROUND PAPER, supra note 27, at 1; OTA, FINDING THE RX, supra note 21, at 41.

(48) Boyland & Liberman, supra note 41, at 294.

(49) Id.

(50) OTA, BACKGROUND PAPER, supra note 27, at 1 (citing W. Rutala & F. Sarubbi, Management of Infectious Waste from Hospitals 4(4), in INFECTIOUS WASTE MANAGEMENT 198-203 (1983)).

(51) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,656 (Feb. 27, 1995).

(52) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,768 (June 20, 1996).

(53) Id.

(54) 1995 Proposed Rule, 60 Fed. Reg. at 10,656, 10,664.

(55) Id.

(56) Floyd Hasselriis & Laura Constantine, Characterization of Today's Medical Waste, in MEDICAL WASTE INCINERATION AND POLLUTION PREVENTION 37 (Alex E.S. Green ed., 1992).

(57) 1995 Proposed Rule, 60 Fed. Reg. at 10,670.

(58) Id.

(59) Boyland & Liberman, supra note 41, at 295.

(60) 1995 Proposed Rule, 60 Fed. Reg. at 10,666.

(61) Id.

(62) 1996 Reproposal, 61 Fed. Reg. at 31,740.

(63) 1995 Proposed Rule, 60 Fed. Reg. at 10,670.

(64) In the Proposed Rule, EPA estimated that there were 338 continuous, 3018 intermittent, and 336 batch HMIWIs in the United States in 1995, which totaled 3692 HMIWIs. Id. at 10,674. EPA later lowered its estimate of the number of HMIWIs in the United States to approximately 2600, yet the ratio of the three types is approximately the same. See 1996 Reproposal, 61 Fed. Reg. at 31,739. The inventory of HMIWIs created by EPA in support of the Final Rule is contained in the EPA docket as item No. IV-B-45.

(65) 1995 Proposed Rule, 60 Fed. Reg. at 10,670.

(66) Id.

(67) Id.

(68) 1996 Reproposal, 61 Fed. Reg. at 31,740.

(69) 1995 Proposed Rule, 60 Fed. Reg. at 10,670.

(70) Id.

(71) Id.

(72) Id.

(73) 1996 Reproposal, 61 Fed. Reg. at 31,740.

(74) Id.

(75) See 1995 Proposed Rule, 60 Fed. Reg. at 10,671. See generally U.S. ENVIRONMENTAL PROTECTION AGENCY, MEDICAL AND INSTITUTIONAL WASTE INCINERATION: REGULATIONS, MANAGEMENT, TECHNOLOGY, EMISSIONS, AND OPERATIONS (1991) [EPA/625/4-91/030].

(76) 1995 Proposed Rule, 60 Fed. Reg. at 10,671.

(77) Id. For a discussion of the CDD/CDF problem see generally Arnold W. Reitze, Jr. & Andrew Davis, Regulating Municipal Solid Waste Incinerators Under the Clean Air Act: History, Technology and Risks, 21 B.C. ENVTL. AFF. L. REV. 1 (1993). (78) 1995 Proposed Rule, 60 Fed. Reg. at 10,672.

(79) Id.

(80) Id.

(81) Id.

(82) Id.

(83) Id.

(84) See generally Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348 (Sept. 15, 1997).

(85) See OTA, FINDING THE Rx, supra note 21, at 9. Regulations promulgated by numerous federal agencies may be implicated in one or more of these activities. For instance, in addition to EPA, the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor, the Department of Transportation, and the United States Postal Service each have promulgated applicable regulations. For a discussion of the various federal statutes and regulations that govern medical waste, see Laura C. Battle, Regulation of Medical Waste in the United States, 11 PACE ENVTL. L. REV. 517 (1994). For a discussion of state regulation, see Shumaker, supra note 37, at 555.

(86) 42 U.S.C. [sections] 7429(a)(1)(C) (1994).

(87) Id.

(88) See id.

(89) Rule Faces Deadline, supra note 17, at A-2 (citing Natural Resources Defense Council v. EPA, Nos. CV-92-2093 & CV-93-0284 (E.D.N.Y. Apr. 15, 1996)); see Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654 (Feb. 27, 1995).

(90) See 1995 Proposed Rule, 60 Fed. Reg. at 10,654.

(91) Id.

(92) Natural Resources Defense Council v. EPA, Nos. CV-92-2093 & CV-93-0284 (E.D.N.Y. Apr. 15, 1996); see Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,739 (June 20, 1996).

(93) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62Fed. Reg. 48,348, 48,348 (Sept. 15, 1997).

(94) 42 U.S.C. [sections] 7411 (1994). For a more thorough discussion of the new source performance standards, see ARNOLD W. REITZE, JR., Am POLLUTION LAW 129-52 (1995); Robert J. Martineau, Jr. & Michael K. Stagg, New Source Performance Standards, in THE CLEAN Am ACT HANDBOOK 257-78 (Robert J. Martineau, Jr. & David P. Novello eds., 1997).

(95) 42 U.S.C. [sections] 7411(b)(1)(B) (1994).

(96) Id. [sections] 7411(b)(1)(A). The 1970 version of the CAA [sections] 111(b)(1)(A) read "may contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare." Pub. L. No. 91-604, [sections] 4, 84 Stat. 1684 (1970).

(97) 42 U.S.C. [sections] 7411(a)(1) (1994).

(98) Id. (added by Pub. L. No. 95-95, [sections] 109, 91 Stat. 697 (1977)).

(99) Id. [sections] 7411(b) (1994).

(100) Id. [sections] 7411(b)(2) (1994).

(101) Id. [sections] 7411(a)(2); see generally REITZE, supra note 94, at 129-52.

(102) 42 U.S.C. [sections] 7411(a)(3) (1994).

(103) Id. [sections] 7411(d) (1994).

(104) Id. [subsections] 7411(d)(2), 7429(b)(3) (1994).

(105) Id. [sections] 7429(b)(2) (1994).

(106) Id. [sections] 7429 (1994).

(107) See id. [sections] 7429(a)(1)(A).

(108) Id. [sections] 7429(a)(1)(C).

(109) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,348 (Sept. 15, 1997).

(110) 42 U.S.C. [sections] 7429(a)(2) (1994).

(111) HMIWl Final Rule, 62 Fed. Reg. at 48,351.

(112) Id.

(113) Id.

(114) Id.

(115) Id. at 48,352.

(116) See Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,738, 31,741 (June 20, 1996); Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,657-58 (Feb. 27, 1995).

(117) 42 U.S.C. [sections] 7429(b) (1994).

(118) HMIWI Final Rule, 62 Fed. Reg. at 48,351.

(119) 42 U.S.C. [sections] 7429(e) (1994).

(120) Id.

(121) HWIWI Final Rule, 62 Fed. Reg. at 48,383 (to be codified at 40 C.F.R. [sections] 60.50c(/)).

(122) 42 U.S.C. [sections] 7412(b)(1) (1994).

(123) Id. [sections] 7412(c)(1).

(124) Id. [sections] 7412(d)(1).

(125) Id. [sections] 7412(d)(2).

(126) Id.

(127) Id. [sections] 7412(f)(2)(A).

(128) Id. [sections] 7429(h)(3) (referring specifically to 42 U.S.C. [sections] 7412(f)).

(129) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,350-51 (Sept. 15, 1997).

(130) See id. at 48,351.

(131) 42 U.S.C. [sections] 7429(a)(4) (1994).

(132) See HMIWI Final Rule, 62 Fed. Reg. at 48,382 (Table 1: Emission Limits for Small, Medium, and Large HMIWI) (to be codified as Table 1 to subpart Ce), 48,390 (Table 1: Emission Limits for Small, Medium, and Large HMIWI) (to be codified as Table 1 to subpart Ec).

(133) Id. at 48,382.

(134) Id.

(135) Id.

(136) Id. at 48,390.

(137) Id. at 48,387 (codified at 40 C.F.R. [sections] 60.56c(9) (1997)).

(138) 42 U.S.C. [sections] 7429(a)(1)(C) (1994).

(139) HMIWI Final Rule, 62 Fed. Reg. at 48,383 (to be codified at 40 C.F.R. [sections] 60.51c).

(140) 42 U.S.C. [subsections] 6901-6992(k) (1994).

(141) See 42 U.S.C.[sections] 7429(g)(6) (1994).

(142) HMIWI Final Rule, 62 Fed. Reg. at 48,356.

(143) Id.

(144) Id.

(145) Id.

(146) See 42 U.S.C. [sections] 7429(a)(1)(c) (1994).

(147) HMIWI Final Rule, 62 Fed. Reg. at 48,356.

(148) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,658 (Feb. 27, 1995); see also 40 C.F.R. [sections] 259.10(b) (1994). The definition also may be found at 42 U.S.C. [sections] 6903(40) (1994).

(149) See 1995 Proposed Rule, 60 Fed. Reg. at 10,658; see also 40 C.F.R. [sections] 259.10(b) (1994).

(150) 1995 Proposed Rule, 60 Fed. Reg. at 10,658.

(151) Pub. L. No. 98-616, 98 Stat. 3224 (1984); see also 1995 Proposed Rule, 60 Fed. Reg. at 10,688.

(152) Medical Waste Tracking Act of 1988, Pub. L. No. 100-582, 102 Stat. 2950 (1988); see also 1995 Proposed Rule, 60 Fed. Reg. at 10,688.

(153) See 42 U.S.C. [sections] 6903(40) (1994); see also 1995 Proposed Rule, 60 Fed. Reg. at 10,688.

(154) 42 U.S.C. [sections] 7429(g)(6) (1994).

(155) 1995 Proposed Rule, 60 Fed. Reg. at 10,668.

(156) Id.

(157) RCRA [sections] 1004(40), 42 U.S.C. [sections] 6903(40) (1994); see also 40 C.F.R. pt. 259, subpt. B (1997). 15s 1995 Proposed Rule, 60 Fed. Reg. at 10,668.

(159) Id.

(160) Id.

(161) Id.

(162) Id. at 10,669.

(163) Id. at 10,658, 10,669.

(164) Id. at 10,688.

(165) 42 U.s.a. [sections] 7429(a)(1)(c) (1994).

(166) OTA, BACKGROUND PAPER, supra note 27, at I n.2. The Office of Technology Assessment defines the terms as follows: "[T]he term medical wastes refers to all types of wastes produced by a hospital or any type of facility; hospital wastes refers to all wastes produced by a hospital; [and] infectious wastes refers to that portion of a medical mainstream which has the potential to transmit disease." Id.

(167) For definitions and discussion of some of the different categories of waste falling thereunder, the uncertainty surrounding their use, and the need for uniform definitions, see OTA, BACKGROUND PARER, supra note 27, at 1, 4-8; OTA, FINDING THE: Rx, supra note 21, at 11-13; Battle, supra note 85, at 544-45; Kamrin T. W, The Problems of Medical and Infectious Waste, 23 ENVTL. L. 785, 793-99 (1993); Christina L. Martini, Comment, Medical Waste Regulation in the United States: A Dire Need for Recognition and Reform, 14 Nw. J. INT'L. L. & Bus. 206, 208-09 (1993); John J. O'Connell, Note, Reconstructive Surgery on Medical Waste Management, 77 Iowa L. REV. 1855, 1859-62 (1992); Shumaker, supra note 37, at 564-74.

(168) 1995 Proposed Rule, 60 Fed. Reg. at 10,688.

(169) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,355 (Sept. 15, 1997).

(170) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,750 (June 20, 1996).

(171) Id.

(172) See id. at 31,752.

(173) Id.

(174) HMIWI Final Rule, 62 Fed. Reg. at 48,355.

(175) Id.

(176) Id. at 48,384 (to be codified at 40 C.F.R. [sections] 60.51c).

(177) 42 U.s.a. [sections] 7429(a)(1)(C) (1994).

(178) HMIWI Final Rule, 62 Fed. Reg. at 48,355.

(179) Id. at 48,383 (to be codified at 40 C.F.R. [sections] 60.51c).

(180) 42 U.S.C. [sections] 7429(a)(2) (1994).

(181) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators. [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,669-70 (Feb. 27, 1995).

(182) Id. at 10,671.

(183) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,740 (June 20, 1996); see EPA, PUBLIC COMMENTS, supra note 1, at 3-2 to 3-9.

(184) 1996 Reproposal, 61 Fed. Reg. at 31,740; see EPA, PUBLIC COMMENTS, supra note 1, at 3-2 to 3-9.

(185) 1996 Reproposal, 61 Fed. Reg. at 31,740.

(186) 42 U.S.C. [sections] 7429(a)(2) (1994).

(187) 1996 Reproposal, 61 Fed. Reg. at 31,740.

(188) Id.

(189) Id.

(190) Id.

(191) Id.

(192) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,383-85 (Sept. 15, 1997) (to be codified at 40 C.F.R. [sections] 60.51c).

(193) See id. at 48,356-59.

(194) Id. at 48,356.

(195) Id. at 48,383 (to be codified at 40 C.F.R. [sections] 60.51c).

(196) Id. (to be codified at 40 C.F.R. [sections] 60.50c(c)).

(197) 42 U.S.C.A. [subsections] 6924(o)(1)(B), 6924(q) (West 1995 & Supp. 1998).

(198) Id. [sections] 6925.

(199) See Incinerator Standards for Owners and Operators of Hazardous Waste Management Facilities; Consolidated Permit Regulations, 46 Fed. Reg. 7666 (Jan. 23,1981) (codified at 40 C.F.R. pts. 122, 264, 265), as amended at Environmental Permit Regulations: RCRA Hazardous Waste; SDWA Underground Injection Control; CWA National Pollution Discharge Elimination System; CWA Section 404 Dredge or Fill Programs; and CAA Prevention of Significant Deterioration, 48 Fed. Reg. 14,146 (1983) (codified at 40 C.F.R. pts. 122, 123, 124, 125, 144, 145, 146, 233, 260, 261, 262, 263, 264, 265, 270, 271).

(200) See Burning of Hazardous Waste in Boilers and Industrial Furnaces, 56 Fed. Reg. 7134 (Feb. 21, 1991) (codified at 40 C.F.R. pts. 260, 261, 264, 265, 266, 270, 271). 201 46 Fed. Reg. at 7672.

(202) RCRA 9 3005, 42 U.S.C.A. [sections]6925 (West 1995 & Supp. 1998). Regulations are found at 40 C.F.R. pt. 264, subpart o.

(203) Greenpeace, Inc. v. Waste Tech. Indus., 9 F.3d 1174, 1179 (6th Cir. 1993) (quoting WILLLIAM H. RODGERS, JR., 4 ENVIRONMENTAL LAW 9 7.13, 113 (1992)).

(204) See RCRA [sections] 3005, 42 U.S.C.A. [sections] 6925 (West 1995 & Supp. 1998); 40 C.F.R. pts. 124, 270 (1997).

(205) 42 U.S.C. [sections] 6976(b) (1994). The Administrator has delegated this responsibility to EPA's Environmental Appeals Board. See REITZE, supra note 94, 9 20-12, 1018 (1995). See generally 40 C.F.R. pt. 22.

(206) RCRA [sections] 3006, 42 U.S.C. 9 6926 (1994).

(207) 40 C.F.R. 99 264.340-.351 (1997). Interim status regulations are found at 40 C.F.R. 9 265.352 (1997) and permitting requirements are found at 40 C.F.R. pt. 2'70 (1997).

(208) RCRA [subsections] 1003(a)(7), 3009, 42 U.S.C.A. [subsections] 6902(a)(7), 6929 (West 1995 & Supp. 1998).

(209) 42 U.S.C. 9 7429(g)(1) (1994).

(210) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,383, 48,358 (Sept. 15, 1997) (to be codified at 40 C.F.R. 9 60.50e(d)).

(211) Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990, 57 Fed. Reg. 31,576, 31,591 (July 16, 1992) [hereinafter Initial List].

(212) Revised Technical Standards for Hazardous Waste Combustion Facilities, 62 Fed. Reg. 24,212, 24,214-15 (May 2, 1997) (to be codified at 40 C.F.R. pts. 60, 63, 260, 261,264, 265, 266, 270, 271).

(213) Initial List, 57 Fed. Reg. at 31,592.

(214) Revised Standards for Hazardous Waste Combustors, 61 Fed. Reg. 17,358 (Apr. 19, 1996) (to be codified at 40 C.F.R. pts. 60, 63, 260, 261, 264, 265, 266, 270, 271).

(215) Revised Technical Standards for Hazardous Waste Combustion Facilities, 62 Fed. Reg. at 24,213.

(216) Id. at 24,212.

(217) Id. at 24,213.

(218) Id.

(219) 42 U.s.a. [sections] 7429(a)(1)(B), (C) (1994).

(220) 40 C.F.R. [subsections] 60.30a-60.39a, 60.50a-60.59a, 60.30b-60.39b (1997).

(221) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,356 (Sept. 15, 1997).

(222) Id. at 48,383 (to be codified at 40 C.F.R. [sections] 60.50c(e)).

(223) Id. at 48,385 (to be codified at 40 C.F.R. [sections] 60.51c).

(224) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,753 (June 20, 1996).

(225) Id.

(226) HMIWI Final Rule, 62 Fed. Reg. at 48,358.

(227) Id. at 48,359, 48,383 (to be codified at 40 C.F.R. [sections] 60.50c(f)).

(228) EPA, PUBLIC COMMENTS, supra note 1, at 3-83 to 3-84.

(229) 42 U.S.C. [sections] 7429(g)(1) (1994); HMIWI Final Rule, 62 Fed. Reg. at 48,358.

(230) HMIWI Final Rule, 62 Fed. Reg. at 48,383 (to be codified at 40 C.F.R. [sections] 60.50c(g)).

(231) Id. at 48,358.

(232) National Emission Standards for Hazardous Air Pollutants; Proposed Standards for Hazardous Air Pollutants Emissions for the Portland Cement Manufacturing Industry, 63 Fed. Reg. 14,182 (to be codified at 40 C.F.R. pt. 63) (proposed Mar. 24, 1998).

(233) 42 U.S.C.A. [sections] 6924(o), (1), (q) (West 1995 & Supp. 1998).

(234) Burning of Hazardous Waste in Boilers and Industrial Furnaces, 56 Fed. Reg. 7134 (Feb. 21, 1991) (codified at 40 C.F.R. pt. 260, 261, 264, 265, 266, 270, 271).

(235) See Proposed Technical Clarifications to Regulations for Boilers and Industrial Furnaces, 59 Fed. Reg. 31,964 (June 21, 1994) (to be codified at 40 C.F.R. pt. 266); Burning of Hazardous Waste in Boilers and Industrial Furnaces; Interim Final Rule, 58 Fed. Reg. 59,598 (Nov. 9, 1993) (codified at 40 C.F.R. pts. 266, 271); Burning of Hazardous Waste in Boilers and Industrial Furnaces; Final Rule; Technical Amendments and Corrections, 57 Fed. Reg. 44,999 (Sept. 30, 1992) (codified at 40 C.F.R. pt. 266); Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Clarification Amendments and Corrections, 57 Fed. Reg. 38,558 (Aug. 25, 1992) (codified at 40 C.F.R. pts. 260, 261,264, 265, 266); Burning of Hazardous Waste in Boilers and Industrial Furnaces; Final Rule; Technical Amendments, 56 Fed. Reg. 42,504 (Aug. 27, 1991) (codified at 40 C.F.R. pts. 261, 265, 266); Burning of Hazardous Waste in Boilers and Industrial Furnaces; Final Rule: Corrections; Technical Amendments, 56 Fed. Reg. 32,688 (July 17, 1991) (codified at 40 C.F.R. pts. 260, 261, 264, 265, 266, 270, 271).

(236) Revised Standards for Hazardous Waste Combustors, 61 Fed. Reg. 17,358 (Apr. 19, 1996) (to be codified at 40 C.F.R. pts. 60, 63, 260, 261, 264, 265, 266, 270, 271).

(237) Hazardous Waste Combustors; Revised Standards; Proposed Rule--Notice of Data Availability and Request for Comments, 61 Fed. Reg. 43,501 (Aug. 23, 1996) (to be codified at 40 C.F.R. pts. 60, 63, 260, 261, 264, 265, 266, 270, 271); Hazardous Waste Combustors; Revised Standards; Proposed Rule--Notice of Data Availability and Request for Comments, 62 Fed. Reg. 960 (Jan. 7, 1997) (to be codified at 40 C.F.R. pts. 60, 63, 260, 261, 264, 265, 266, 270, 271).

(238) Revised Technical Standards for Hazardous Waste Combustion Facilities, 62 Fed. Reg. 24,212, 24,212 (May 2, 1997); Revised Technical Standards for Hazardous Waste Combustion Facilities, 62 Fed. reg. 47,402 (Sept. 9, 1997) (to be codified at 40 C.F.R. pt. 261).

(239) Revised Standards for Hazardous Waste Combustors, 63 Fed. Reg. 33,782 (June 19, 1998) (final rule) (codified at 40 C.F.R. pts. 63, 261, 270).

(240) See In re Marine Shale Processors, Inc., RCRA Appeal, No. 94-12 (EAB) (Mar. 17, 1995); see also Marine Shale Processors, Inc. v. EPA, 81 F.3d 1329, 1334 (5th Cir. 1996), cert. denied, 117 S. Ct. 682 (1997); Philip L. Comella, Understanding a Sham: When is Recycling Treatment?, 20 B.C. ENVTL. AFF. L. REV. 415, 431 (1993); Barry Needleman, Hazardous Waste Recycling Under the Resource Conservation and Recovery Act: Problems and Potential Solutions, 24 ENVTL. L. 971, 996 (1994).

(241) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,383 (Sept. 15, 1997) (to be codified at 40 C.F.R. [sections] 60.50c(b)).

(242) Id. at 48,385 (to be codified at 40 C.F.R. [sections] 60.51c).

(243) Id. at 48,384 (to be codified at 40 C.F.R. [sections] 60.51c).

(244) Id. at 48,383 (to be codified at 40 C.F.R. [sections] 60.51c).

(245) Id. (to be codified at 40 C.F.R. [sections] 60.50c(b)).

(246) See 42 U.S.C. 8 7429(a)(1)(E) (1994).

(247) HMIWI Final Rule, 62 Fed. Reg. at 48,356-57.

(248) Id. at 48,357.

(249) Id. at 48,361-62, 48,382-83 (to be codified at 40 C.F.R. [sections] 60.50c(a)).

(250) Id. at 48,362.

(251) Id. at 48,382-91 (to be codified at 40 C.F.R. [subsections] 60.50c-58c).

(252) Id. at 48,382 (Table 1: emission limits for existing sources) (to be codified as Table 1 to subpart Ce), 48,390 (Table 1: emission limits for new sources) (to be codified as Table 1 to subpart Ec); see id. at 48,351-52.

(253) Id. at 48,386-90 (to be codified at 40 C.F.R. [sections] 60.54c-58c).

(254) 42 U.S.C. [sections] 7429(a)(2) (1994).

(255) Id. [sections] 7429(a)(3).

(256) Id. [sections] 7429(a)(2).

(257) HMIWI Final Rule, 62 Fed. Reg. at 48,351.

(258) 42 U.S.C. [sections] 7429(a)(2) (1994).

(259) Id.

(260) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,670 (Feb. 27, 1995).

(261) Id. at 10,686, 10,673-74.

(262) Id. at 10,673.

(263) Id.

(264) Id. at 10,673-74.

(265) Id. at 10,686.

(266) Id. at 10,685.

(267) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,740 (June 20, 1996).

(268) Id. at 31,744.

(269) Id. at 31,745.

(270) Id. at 31,746.

(271) Id.

(272) Id.

(273) Id. at 31,746 tbl.9.

(274) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,365 (Sept. 15, 1997).

(275) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,673 (Feb. 27, 1995).

(276) Id.

(277) Id.

(278) Id. at 10,674.

(279) Id.

(280) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,767-68 (June 20, 1996).

(281) Id. This table appears as Table 24 in the 1996 Reproposal.

(282) Id. at 31,767.

(283) Id.

(284) Id. EPA identified a third emission control technology option for small HMIWIs, but decided not to include it in the three regulatory options it considered. This option would have based the MACT emission standards on the use of good combustion and a combination of wet and dry scrubbing systems with activated carbon injection. It would have further reduced emissions of Pb, Cd, and dioxins, but would have cost two and one-half times more than a high efficiency wet scrubber. Id.

(285) Id.

(286) Id.

(287) Id.

(288) Id. Consideration of these factors is required by CAA section 129(a)(2). 42 U.S.C. [sections] 7429(a)(2) (1994).

(289) 1996 Reproposal, 61 Fed. Reg. at 31,768.

(290) 42 U.S.C. [sections] 7429(a)(2) (1994).

(291) 1996 Reproposal, 61 Fed. Reg. at 31,768-77.

(292) Id. at 31,777-78.

(293) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,363 (Sept. 15, 1997).

(294) Id. at 48,365.

(295) Id.

(296) 42 U.S.C. [sections] 7429(a)(4) (1994).

(297) Id.

(298) HMIWI Final Rule, 62 Fed. Reg. at 48,387 (to be codified at 40 C.F.R. [sections] 60.56c(a)).

(299) See id. at 48,385 (to be codified at 40 C.F.R. [sections] 60.52c(a)).

(300) This table, entitled "Emission Limits for Small, Medium, and Large HMIWI,' will be codified as Table 1 to 40 C.F.R. part 60, subpart Ec. See HMIWI Final Rule, 62 Fed. Reg. at 48,362, 48,390.

(301) Id. at 48,385 (to be codified at 40 C.F.R. [sections] 60.52c(b)).

(302) Standards of Performance for New Stationary Sources and Emission Guidelines for

Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,678 (Feb. 27, 1995).

(303) Id.

(304) Id.

(305) Id.

(306) HMIWI Final Rule, 62 Fed. Reg. at 48,385-86 (to be codified at 40 C.F.R. [sections] 60.52c(c)).

(307) Id. at 48,386 (to be codified at 40 C.F.R. [sections] 60.52c(d)).

(308) Id. (to be codified at 40 C.F.R. [sections] 60.52c(e)).

(309) 42 U.S.C. [sections] 7429(d) (1994).

(310) 62 Fed. Reg. at 48,386 (to be codified at 40 C.F.R. [sections] 60.53c(a)).

(311) Id. (to be codified at 40 C.F.R. [sections] 60.53c(b)).

(312) Id. (to be codified at 40 C.F.R. [sections] 60.53c(c)).

(313) Id. (to be codified at 40 C.F.R. [sections] 60.53c(d)).

(314) Id. (to be codified at 40 C.F.R. [sections] 60.53c(f)).

(315) Id. (to be codified at 40 C.F.R. [sections] 60.53c(h)).

(316) Id. (to be codified at 40 C.F.R. [sections] 60.53c(i)).

(317) Id. (to be codified at 40 C.F.R. [sections] 60.53c(j)).

(318) 42 U.S.C. [sections] 7429(a)(3) (1994).

(319) HMIWI Final Rule, 62 Fed. Reg. at 48,364.

(320) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,680 (Feb. 27, 1995).(321) Id.

(322) Id. at 10,679-80.

(323) EPA, PUBLIC COMMENTS, supra note 1, at 7-10 to 7-11; HMIWI Final Rule, 62 Fed. Reg. at 48,364-65.324 HMIWI Final Rule, 62 Fed. Reg. at 48,365.

(325) Id. at 48,386 (to be codified at 40 C.F.R. [sections] 60.54c(a)).

(326) Id.

(327) Id. (to be codified at 40 C.F.R. [sections] 60.54c(b)).

(328) Id. at 48,391 (to be codified at 40 C.F.R. [sections] 60.54c(c)).

(329) Id. at 48,387 (to be codified at 40 C.F.R. [sections] 60.55c).

(330) Id.

(331) Id.

(332) Id. The American Hospital Association publication that must be considered is Au. SOC. FOR HEALTH CARE ENVTL. SERVS., AMERICAN HOSPITAL ASS'N, AN OUNCE OF PREVENTION: WASTE REDUCTION STRATEGIES FOR HEALTH CARE FACILITIES (1993).

(333) HMIWI Final Rule, 62 Fed. Reg. at 48,387 (to be codified at 40 C.F.R. [sections] 60.55c).

(334) Id. (to be codified at 40 C.F.R. [sections] 60.56c(b)(c)(i)).

(335) Id.

(336) Id. (to be codified at 40 C.F.R. [sections] 60.56c(b)).

(337) Id.

(338) Id. (to be codified at 40 C.F.R. [sections] 60.56c(b)(1), (2)).

(339) Id. (to be codified at 40 C.F.R. [sections] 60.56c(b)(6)-(12)).

(340) Id. (to be codified at 40 C.F.R. [sections] 60.56c(c)(1)).

(341) Id. at 48,387-88 (to be codified at 40 C.F.R. [sections] 60.56c(c)(2)).

(342) Id. at 48,388 (to be codified at 40 C.F.R. [sections] 60.56c(d)(1)).

(343) Id. (to be codified at 40 C.F.R. [sections] 60.56c(e)-(g)).

(344) Id. at 48,388-89 (to be codified at 40 C.F.R. [sections] 60.56c(i)).

(345) Id. at 48,388 (to be codified at 40 C.F.R. [sections] 60.56c(h)).

(346) Id. at 48,389 (to be codified at 40 C.F.R. [sections] 60.56c(j)).

(347) 42 U.S.C. [sections] 7429(c) (1994).

(348) HMIWI Final Rule, 62 Fed. Reg. at 48,360.

(349) Id.

(350) Id.

(351) Id. at 48,361.

(352) Id. at 48,389 (to be codified at 40 C.F.R. [sections] 60.57c(a)).

(353) See id. at 48,391. This table, entitled "Operating Parameters to be Monitored and Minimum Measurement and Recording Frequencies," will be codified as Table 3 in 40 C.F.R. part 60, subpart Ec. Id.

(354) Id. at 48,389 (to be codified at 40 C.F.R. [sections] 60.57c(b)).

(355) Id. (to be codified at 40 C.F.R. [sections] 60.57c(c)).

(356) Id. (to be codified at 40 C.F.R. [sections] 60.57c(d)).

(357) Id. (to be codified at 40 C.F.R. [sections] 60.58c(a)). The general notification requirements can be found at 40 C.F.R. [sections] 60.7 (1998).

(358) Id. at 48,389 (to be codified at 40 C.F.R. [sections] 60.58c(a)(1)).

(359) Id. (to be codified at 40 C.F.R. [sections] 60.58c(a)(2)).

(360) Id. (to be codified at 40 C.F.R. [sections] 60.58c(c)).

(361) Id. at 48,390 (to be codified at 40 C.F.R. [sections] 60.58c(d)).

(362) Id. (to be codified at 40 C.F.R. [sections] 60.58c(e)).

(363) Id. at 48,389 (to be codified at 40 C.F.R. [sections] 60.58c(b)).

(364) Id.

(365) Id.

(366) Id. at 48,390 (to be codified at 40 C.F.R. [sections] 60.58c(f)).

(367) See id. at 48,351.

(368) This table appears as Table 5 in the preamble to the final regulations and sets forth a summary prepared by EPA of major provisions of the NSPS, but is not an exhaustive list of requirements. Id. at 48,363.

(369) Id. at 48,380 (to be codified at 40 C.F.R. [sections] 60.32e(a)).

(370) See id. at 48,351, 48,379-82 (to be codified at 40 C.F.R. [subsections] 60.30e-39e).

(371) Id. at 48,380 (to be codified at 40 C.F.R. [sections] 60.32e(h)).

(372) See id. at 48,367.

(373) 42 U.S.C. [sections] 7429(b)(2) (1994).

(374) See HMIWI Final Rule, 62 Fed. Reg. at 48,380 (to be codified at 40 C.F.R. [subsections] 60.34e-38e).

(375) See id. (to be codified at 40 C.F.R. [sections] 60.36e).

(376) See 42 u.s.a. [sections] 7408(a)(1)(B) (1994).

(377) See 40 C.F.R. [sections] 60.23(a)(1) (1997).

(378) 42 U.S.C. [sections] 7411(d)(1) (1994).

(379) Id. [sections] 7411(d)(2)(A).

(380) HMIWI Final Rule, 62 Fed. Reg. at 48,380 (to be codified at 40 C.F.R. [sections] 60.32e(a)).

(381) See 42 U.S.C. [sections] 7429(a)(2) (1994).

(382) See 42 U.S.C. [sections] 7429(a)(1)(A) (1994).

(383) Id. [sections] 7429(a)(2).

(384) See HMIWI Final Rule, 62 Fed. Reg. at 48,370.

(385) See Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1995 Proposed Rule], 60 Fed. Reg. 10,654, 10,674-78 (Feb. 27, 1995); see also Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Medical Waste Incinerators [1996 Reproposal], 61 Fed. Reg. 31,736, 31,755 (June 20, 1996).386 1995 Proposed Rule, 60 Fed. Reg. at 10,674-78.

(387) Id.

(388) 1996 Reproposal, 61 Fed. Reg. at 31,755.

(389) Id.

(390) Id. at 31,745.

(391) Id. at 31,755.

(392) Id.

(393) Id.

(394) Id.

(395) Id.

(396) Id.

(397) Id. at 31,756.

(398) Id.

(399) Id.

(400) Id.

(401) Id. at 31,756 (table appearing as Table 13 in the 1996 Reproposal).

(402) 42 U.S.C. [sections] 7429(a)(2) (1994).

(403) 1996 Reproposal, 61 Fed. Reg. at 31,759-61.

(404) Id. at 31,778.

(405) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospita/Medical/Infectious Waste Incinerators [HMIWI Final Rule], 62 Fed. Reg. 48,348, 48,370 (Sept. 15, 1997).

(406) Id. at 48,371.

(407) Id.

(408) Id. at 48,372.

(409) 42 U.S.C. [sections] 7429(b)(1) (1994).

(410) Id. [sections] 7429(a)(4).

(411) Id.

(412) This table, entitled "Emission Limits for Small, Medium, and Large HMIWI," will be codified as Table 1 to 40 C.F.R. pt. 60 (C)(e). See HMIWI Final Rule, 62 Fed. Reg. at 48,382, 48,367-68. Emission limits for small existing rural HMIWIs are found at 48,382, to be codified as Table 2 to Subpart Ce--"Emissions Limits for Small HMIWI Which Meet the Criteria Under [sections] 60.33e(b)." Id.

(413) Id. at 48,380 (to be codified at 40 C.F.R. [sections] 60.33e(c)) (citing [sections] 60.52c(b) of subpart Ec).

(414) See id. at 48,385 (to be codified at 40 C.F.R. [sections] 60.52c(c)).

(415) 42 U.S.C. [sections] 7429(d) (1994).

(416) See HMIWI Final Rule, 62 Fed. Reg. at 48,386 (to be codified at 40 C.F.R. [sections] 60.53c(a)).

(417) Id. at 48,380 (to be codified at 40 C.F.R. [sections] 60.34e) (citing [sections] 60.53c of subpart Ec).

(418) Id. (to be codified at 40 C.F.R. [sections] 60.36e(a)).

(419) Id. (to be codified at 40 C.F.R. [sections] 60.36e(b)).

(420) Id. (to be codified at 40 C.F.R. [sections] 60.36e(a)(1)(i)-(xvii)).

(421) Id. (to be codified at 40 C.F.R. [sections] 60.36e(b)).

(422) See id. at 48,380 (to be codified at 40 C.F.R. [sections] 60.35e) (citing [sections] 60.55c of subpart Ec).

(423) Id. at 48,380-81 (to be codified at 40 C.F.R. [sections] 60.37e(a)) (citing [sections] 60.56c of subpart Ec).

(424) Id. (to be codified at 40 C.F.R. [sections] 60.37e(b)(1)). The performance testing requirements in [sections] 60.56c(a), (b)(1)-(b)(9), (b)(11) (Hg only), and (c)(1) of subpart Ec of part 60 must be met.

(425) 62 Fed. Reg. at 48,381 (to be codified at 40 C.F.R. [sections] 60.37e(b)(3)).

(426) Id. (to be codified at 40 C.F.R. [sections] 60.37e(c)).

(427) Id. (to be codified at 40 C.F.R. [sections] 60.37e(d)).

(428) Id. (to be codified at 40 C.F.R. [sections] 60.38e(a)).

(429) Id. (to be codified at 40 C.F.R. [sections] 60.38e(b)(1)).

(430) Id. (to be codified at 40 C.F.R. [sections] 60.38e(b)(2)).

(431) Id. (to be codified at 40 C.F.R. [sections] 60.39e(a)).

(432) Id. (to be codified at 40 C.F.R. [sections] 60.39e(b)).

(433) Id. at 48,381-82 (to be codified at 40 C.F.R. [sections] 60.39e(c), (d)). Facilities may be exempt from the one-year requirement if they are located in a state with a state plan that specifies measurable and enforceable incremental steps of progress towards compliance for facilities planning to install air pollution control equipment, or if they are located in a state whose plan has provisions for facilities to petition. Id.

(434) Id. at 48,382 (to be codified at 40 C.F.R. [sections] 60.39e(e)).

(435) Id. (to be codified at 40 C.F.R. [sections] 60.39e(f)).

(436) Id.

(437) This table appears as Table 11 in the preamble to the final regulations and sets forth a summary prepared by EPA of the major provisions of the NSPS, but is not an exhaustive list of requirements. Id. at 48,369.

(438) Id. at 48,365, 48,372.

(439) See id.

(440) Id.

(441) Id. at 48,365.

(442) Id.

(443) Id.

(444) Id.

(445) Id. at 48,366.

(446) Id. at 48,365.

(447) Id. at 48,366.

(448) Id. at 48,365.

(449) Id. at 48,366.

(450) Id. at 48,376.

(451) Id.

(452) Id. at 48,367.

(453) Id. at 48,366.

(454) Id.

(455) Id.

(456) Id. at 48,372.

(457) Id.

(458) Id.

(459) Id.

(460) Id.

(461) Id.

(462) Id.

(463) Id.

(464) Id.

(465) Id. at 48,373.

(466) Id. at 48,372.

(467) Id. at 48,373.

(468) Id.

(469) Medical Waste Incinerator Rule May Drive Hospitals to Find Other Disposal Methods, 28 [Current Developments] Env't Rep. (BNA) 741 (Aug. 22, 1997).

(470) See Tighter Rules Forcing Hospitals to Find Alternatives to Incineration, Speakers Say, Daily Env't Rep. (BNA), at A-4 (Oct. 31, 1996); Tighter Medical Waste Incinerator Rules Warranted, Environmental Group Claims, Daily Env't Rep. (BNA), at A-8 (Mar. 7, 1997).

(471) Alec Zacaroli, Groups Sue EPA over Air Toxic Rule Covering Medical Waste Incinerators, Daily Env't Rep. (BNA), at A-5 (Nov. 19, 1997) (citing Sierra Club v. EPA, No. 97-1686 (D.C. Cir. Nov. 11, 1997)).

(472) Id.

(473) Id; see also Medical Waste Incinerator Rule May Drive Hospitals to Find Other Disposal Methods, 28 [Current Developments] Env't Rep. (BNA) 741 (Aug. 22, 1997).

ARNOLD W. REITZE, JR., J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School; J.D. 1962, Rutgers University; M.P.H. 1985, Johns Hopkins University; B.A. 1960, Fairleigh Dickinson University; Consulting Counsel, LeBoeuf, Lamb, Greene & MacRae, Washington, D.C.

MICHAEL K. STAGG, Associate, Waller Lansden Dortch & Davis PLLC, Nashville, Tennessee; LL.M. 1998, George Washington University; J.D. 1994, University of Tennessee; B.S. 1982, Colorado State University.
COPYRIGHT 1998 Lewis & Clark Northwestern School of Law
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

Article Details
Printer friendly Cite/link Email Feedback
Author:Stagg, Michael K.
Publication:Environmental Law
Geographic Code:1USA
Date:Dec 22, 1998
Words:25199
Previous Article:Classifying CERCLA claims: a critique of Pinal Creek v. Newmont Mining.
Next Article:The little fish that roared: the Endangered Species Act, state groundwater law, and private property rights collide over the Texas Edwards Aquifer.
Topics:


Related Articles
Casting research, clean air key issues in '90.
Foundries face stricter air quality, pollution monitoring.
Infectious waste in camp.
Medical waste characterization.
Regulating clean air: a modern morality play.
Incinerator air emissions: inhalation exposure perspectives.
Assessment of blood-splash exposures of medical-waste treatment workers.
Infection Control Across the Board.
Burning banned for Irish hospitals.

Terms of use | Privacy policy | Copyright © 2019 Farlex, Inc. | Feedback | For webmasters