If you plan to shut down, then you must follow the requirements in either paragraph (a) or (b) of this section depending on when you plan to shut down.
(a) If you plan to shutdown by May 13, 2014, rather than come into compliance with the requirements of this subpart, then you must shutdown by May 13, 2014, to avoid coverage under any of the requirements of this subpart.
(b) If you plan to shutdown rather than come into compliance with the requirements of this subpart but are unable to shutdown by [May 13, 2014, then you may petition the EPA for an extension by following the procedures outlined in paragraphs (b)(1) through (3) of this section.
(1) You must submit your request for an extension to the EPA Administrator (or delegated enforcement authority) by [date 90 days after publication of final rule]. Your request must include:
(i) Documentation of the analyses undertaken to support your need for an extension, including an explanation of why your requested extension date is sufficient time for you to shutdown while May 13, 2014, does not provide sufficient time for shutdown. Your documentation must include an evaluation of the option to transport your waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and
(ii) Documentation of incremental steps of progress, including dates for completing the increments of progress, that you will take towards shutting down. Some suggested incremental steps of progress towards shut down are provided as follows:
| If you . . . | Then your increments of progress could be . . . |
|---|---|
| Need an extension so you can install an onsite alternative waste treatment technology before you shut down your HMIWI, | Date when you will enter into a contract with an alternative treatment technology vendor, |
| Date for initiating onsite construction or installation of the alternative technology, and | |
| Date for completing onsite construction or installation of the alternative technology, and | |
| Date for shutting down the HMIWI. | |
| Need an extension so you can acquire the services of a commercial medical/infectious waste disposal company before you shut down your HMIWI, | |
| Date when price quotes will be obtained from commercial disposal companies, | |
| Date when you will enter into a contract with a commercial disposal company, and | |
| Date for shutting down the HMIWI. |
(2) You must shutdown no later than October 6, 2014.
(3) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by May 13, 2014.
[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28074, May 13, 2013]
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