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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>6</VOL>
    <DATE>2008-07-01</DATE>
    <ORIGINALDATE>2008-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Compliance times.</TITLE>
    <GRANULENUM>60.39e</GRANULENUM>
    <HEADING>Section 60.39e</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="2">AIR PROGRAMS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 60" SEQ="1">STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES</PARENT>
      <PARENT HEADING="Subpart Ce" SEQ="0">Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 60.39e</SECTNO>
    <SUBJECT>Compliance times.</SUBJECT>
    <P>(a) Not later than September 15, 1998, each State in which a designated facility is operating shall submit to the Administrator a plan to implement and enforce the emission guidelines.</P>
    <P>(b) Except as provided in paragraphs (c) and (d) of this section, State plans shall provide that designated facilities comply with all requirements of the State plan on or before the date 1 year after EPA approval of the State plan, regardless of whether a designated facility is identified in the State plan inventory required by § 60.25(a) of subpart B of this part.</P>
    <P>(c) State plans that specify measurable and enforceable incremental steps of progress towards compliance for designated facilities planning to install the necessary air pollution control equipment may allow compliance on or before the date 3 years after EPA approval of the State plan (but not later than the September 16, 2002. Suggested measurable and enforceable activities to be included in State plans are:</P>
    <P>(1) Date for submitting a petition for site specific operating parameters under § 60.56c(i) of subpart Ec of this part.</P>
    <P>(2) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s);</P>
    <P>(3) Date for obtaining design drawings of the air pollution control device(s);</P>
    <P>(4) Date for ordering the air pollution control device(s);</P>
    <P>(5) Date for obtaining the major components of the air pollution control device(s);</P>
    <P>(6) Date for initiation of site preparation for installation of the air pollution control device(s);</P>
    <P>(7) Date for initiation of installation of the air pollution control device(s);</P>
    <P>(8) Date for initial startup of the air pollution control device(s); and</P>
    <P>(9) Date for initial compliance test(s) of the air pollution control device(s).</P>
    <P>(d) State plans that include provisions allowing designated facilities to petition the State for extensions beyond the compliance times required in paragraph (b) of this section shall:</P>
    <P>(1) Require that the designated facility requesting an extension submit the following information in time to allow the State adequate time to grant or deny the extension within 1 year after EPA approval of the State plan:</P>
    <P>(i) Documentation of the analyses undertaken to support the need for an extension, including an explanation of why up to 3 years after EPA approval of the State plan is sufficient time to comply with the State plan while 1 year after EPA approval of the State plan is not sufficient. The documentation shall also include an evaluation of the option to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and</P>
    <P>(ii) Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the emission guidelines.</P>

    <P>(2) Include procedures for granting or denying the extension; and<PRTPAGE P="120"/>
    </P>
    <P>(3) If an extension is granted, require compliance with the emission guidelines on or before the date 3 years after EPA approval of the State plan (but not later than September 16, 2002.</P>
    <P>(e) For approval, a State plan shall require compliance with § 60.34e—Operator training and qualification guidelines and § 60.36e—Inspection guidelines by the date 1 year after EPA approval of a State plan.</P>
    <P>(f) The Administrator shall develop, implement, and enforce a plan for existing HMIWI located in any State that has not submitted an approvable plan within date 2 years after September 15, 1997. Such plans shall ensure that each designated facility is in compliance with the provisions of this subpart no later than date 5 years after September 15, 1997.</P>
  </SECTION>
</CFRGRANULE>

