EPA Issues Final Rule Tightening Performance Standards

The Environmental Protection Agency (“EPA”) recently issued a final rule under the Clean Air Act, published in the October 6, 2009 Federal Register (Vol. 74, No. 192), tightening the performance standards and emission limits for Hospital, Medical and Infectious Waste Incinerators (“HMIWI”). Impacted facilities may include public and private hospitals, health care facilities, research laboratories, waste disposal services, universities and the armed services. HMIWI burn hospital, medical or infectious human or animal waste, but exclude household waste, hazardous waste or human or animal remains not generated as a medical waste. The effective dates of the rule are December 7, 2009 for existing units and April 6, 2010 for new units, however, the compliance deadlines vary depending on whether a facility is in a state with its own plan or must follow a federal plan. Regardless of whether the Rule is enforced by the federal government or enforcement has been delegated to a state, all HMIWI must be in compliance by October 6, 2014.

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