The U.S Environmental Protection Agency (EPA) issued final rule amendments on April 4, 2013, to the federal implementation plan under the Clean Air Act (CAA) for hospital incinerators. Titled “Federal Plan Requirements for Hospital/Medical/ Infectious Waste Incinerators Constructed On or Before December 1, 2008, and Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators,” the rule requires specific emission controls for newer hospital incinerators and will apply in states or territories with separate CAA enforcement agencies that have not obtained federal approval of an implementation plan applying to these incinerators. Evidently, if a state or local agency concludes that it has no affected units under its jurisdiction, it can send EPA a notice of that fact and need not develop plans for such sources.

According to EPA, several states have indicated that they will accept delegation of the federal plan. They include Idaho; Minnesota; New Jersey; Oregon; Pennsylvania; Allegheny County, Pennsylvania; the U.S. Virgin Islands; and Washington. Many states, however, have neither submitted state implementation plans for hospital incinerators nor declared that they have no affected units. These include Alaska, American Samoa, Arizona, California, Colorado, Georgia, Guam, Hawaii, Kansas, Mississippi, Montana, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming. Local air enforcement agencies that have not made such submissions include Huntsville, Alabama; Maricopa, Pima and Pinal counties, Arizona; City of Albuquerque, New Mexico; and Mecklenburg County (Charlotte), North Carolina.