1

TECHNICAL SUPPORT DOCUMENT (TSD)

FOR THE STATE OF WEST VIRGINIA 111(d)/129 PLAN

REVISION #2 FOR THE CONTROL OF EMISSIONS FROM EXISTING

HOSPITAL/MEDICAL/INFECTIOUS WASTE

INCINERATOR (HMIWI) UNITS 

Submitted By the West Virginia Department of 

Environmental Protection, Division of Air Quality (DAQ)

on September 7, 2011 

TSD Prepared by Mike Gordon

Office of Permits and Air Toxics, 3AP10

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

(215)814-2039

Reviewed By:

/s/ /s/

Kathleen Cox Andrew Hass

Acting Associate Director Acting Associate Director

Office of Permits Office of Air Monitoring 

and Air Toxics and Analysis

 

11/7/2011 11/7/2011

Date Signed Date Signed

/s/ 

James B. Topsale, P.E.

Office of Air Monitoring

and Analysis

11/7/2011

Date Signed
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TABLE OF CONTENTS

 Page

I. General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 A. What action is EPA approving? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 B. What pollutant(s) will this action control? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 C. What are the expected environmental and public health benefits from controlling 

 hospital/medical/infectious waste incinerator (HMIWI) emissions? . . . . . . . . . . . . . 3

II. Federal requirements the West Virginia (WV) 111(d)/129 Plan revision must meet 

 for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 A. What general requirements must the WV Department of Environmental Protection

 meet in order to receive approval of its HMIWI 111(d)/129 plan revision ? . . . . . . . . 3

 B. What does the WV plan revision contain? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 C. Does the WV plan revision meet all EPA requirements for approval? . . . . . . . . . . . . 4

 III. Requirements for affected HMIWI unit owners/operators . . . . . . . . . . . . . . . . . . . . . . . . . . 16

 A. What general requirements must I meet under the approved plan revision? . . . . . . . . 16

 B. Is there a requirement for obtaining a Title V permit? . . . . . . . . . . . . . . . . . . . . . . . . . 16

IV. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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 WEST VIRGINIA HOSPITAL/MEDICAL/INFECTIOUS SOLID WASTE 

INCINERATOR (HMIWI) 111(d)/129 PLAN REVISION #2

I. General Provisions

Q. What action is EPA approving?

A. On September 7, 2011, the West Virginia Department of Environmental Protection, Division 

of Air Quality (DAQ) forwarded to EPA revisions of state rule 45 CSR 18, “Control of Air 

Pollution From Combustion of Solid Waste,” as changes to the approved 111(d)/129 plan (the 

“plan”) for existing HMIWI units, 40 CFR 62, Subpart XX. The revision addresses the October 

6, 2009 amendments to 40 CFR 60, Subparts Ce and Ec (74 FR 51367). This rulemaking action

will supersede EPA’s August 3, 2009 (74 FR 38348) approval of West Virginia’s initial plan

revision. The scope of this plan revision and EPA’s approval is limited to Part 60 and 62 

provisions relevant to existing HMIWI units, and the related new source performance standard 

provisions, subpart Ec, as amended October 6, 2009. Other types of Section 129 incinerator 

units and rules are not included in this approval action. 

Q. What pollutant(s) will this action control?

A. The pollutants are dioxins/furans, carbon monoxide, metals (cadmium, lead, mercury, 

particulate matter), opacity, and acid gases (hydrogen chloride, sulfur dioxide, and nitrogen 

oxides).

Q. What are the expected environmental and public health benefits from controlling HMIWI 

emissions?

A. The benefits are explained in the original EPA plan approval technical support document 

dated May 23, 2000. Also, this action will help mitigate toxics deposition on streams and lakes.

II. Federal Requirements the WV HMIWI 111(d)/129 plan revision must meet for 

approval

Q. What general requirements must the DAQ meet to receive approval of its 111(d)/129 plan

revision?

A. The West Virginia plan must meet the requirements of 1) 40 CFR Part 60, Subpart B, 

Sections 60.23 through .26, except the provisions relating to electric generating units; 2) 40 CFR

Part 60, Subpart Ce, Sections 60.30e through 60.39e.; and 3) 40 CFR Part 62, Subpart A.

Q. What does the WV plan revision contain?

The revision contains a modified DAQ rule, 45 CSR 18, revised as a result of the October 6, 

2009 amendments to federal Emissions Guidelines and New Source Performance Standards for 

HMIWI units. The submitted plan revision contains all the required elements as listed in EPA’s 
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WV plan approval Federal Register notice of June 13, 2000. (65 FR37046).

Q. Does the WV 111(d)/129 plan revision meet all EPA requirements for approval?

A. Yes. The completeness and approvability of the WV plan revision in the context of 40 CFR 

Part 60, Subparts B, and Ce; and 40 CFR Part 62, section 62.09 are summarized below.
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WV 45CSR18 Rule Review

WV45CSR18, June 16, 2011 Amendments for Hospital/Medical Infectious Waste Incinerator (HMIWI) Units,

Subpart Ce (''60.30e through 60.39e) Model Rule Requirements

 HMIWI RULE (WV 45CSR18, as amended) Page 1 of 2

Subpart Ce –

Federal 

Requirements, 

Rule Section(s).

State Rule 18 Series 45CSR 18 6/16/11 

Amendments Meet 

Subpart Ce 

Requirements?

 Comment(s)

6/16/11 Amended DAQ 

Series [§45-18- ]

60.30e, Scope 1.1.c Yes

60.31e, 

Definitions

2 Yes 1. Section 2 contains no definition of “Continuous HMIWI”; however, the 

related NSPS, subpart Ec, definition is incorporated by reference (IBR) 

under para. 2.87. 2. Section 2.36.a – The definition needs to reference 

subsection 2.36.b, not 2.33.b. ; 3. Section 2.75.a - The definition needs to 

reference subdivision 2.75.b, not 2.62.b. DAQ recognizes the 

typographical errors under comments 2 and 3, but argues the errors are not 

cause for plan disapproval considering the subpart Ec IBR provision of 

paragraph 2.87. 

60.32e(a) through 

(j), Designated 

facilities

7.2 Yes 4. In response to EPA plan comments, DAQ acknowledges that 

111(d)/129 plan enforceability is under the provisions of 40 CFR Part 62, 

Subpart XX, as amended, as stipulated under paragraph 7.2.j. This 

acknowledgement is also stated under Section IX, Compliance Schedules, 

of the plan narrative. During the 2012 legislative session, DAQ will 

provide additional clarification in amendments to 45CFR18. 

60.33e(a)-(c), 

MACT emission 

limits.

7.3, and Tables 18-

1A, 2A, 1B, and 2B

Yes

60.34e, 60.39e(e), 

and 60.53c 

Operator Training 

& Certification

7.4 Yes

60.35e, Waste 

Management Plan 

7.5 Yes 5. The need for a revised WMP is acknowledged in the response to EPA 

plan comments, and comment 4 above.

60.36e, Rural 

Unit Inspections

7.6.a through f Yes 6. See comment 4 above. 

Note: The scope of this review does not include any 45 CSR18 provisions relating to SMWC, CISWI, and OSWI units. 
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WV 45CSR18 Rule Review

WV45CSR18, June 16, 2011 Amendments for Hospital/Medical Infectious Waste Incinerator (HMIWI) Units,

Subpart Ce (''60.30e through 60.39e) Model Rule Requirements

 HMIWI RULE (WV 45CSR18, as amended) Page 2 of 2

Subpart Ce –

Federal 

Requirements, Rule 

Section(s).

State Rule 18 Series 6/16/11 

Amendments 

Meet Subpart Ce 

Requirements?

 Comment(s)

6/16/11 Amended DAQ 

Series [§45-18- ]

60.37e, 

Compliance 

Performance, 

Testing, and 

Monitoring

7.7.a through f Yes 7. In the response to EPA plan comments, DAQ states that it 

will interpret the plan and rule as closely as possible with 

respect to the repeat performance test provisions set forth in 40 

CFR 60.37e(c)(4).

60.38e, 

Reporting and 

Recordkeeping

7.8.a through c Yes 8. Paragraph 7.8.c is not a Subpart Ce requirement. The 

paragraph requires certification on reports with respect to 

accuracy and completeness.

60.39e, 

Compliance 

Time

7.9 Yes 9. Paragraphs 7.9.a, e, and h.3 – See comment 4 above.

10. Compliance time for small rural units is moot considering 

WV has none. 

Note: The scope of this review does not include any 45 CSR18 provisions relating to SMWC, CISWI, and OSWI units.
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Evaluation of the West Virginia Plan Revision #2 against the requirements of 40 CFR Parts 60, 

Subpart B, Sections 60.23 through 60.26, excluding electric generating unit provisions, and Part 62, 

Section 62.09

40 CFR 60.23 - Adoption and submittal of State plan revision; public hearings.

Federal Requirements DAQ Submittal

'60.23(a)(1) Within nine months after notice 

of the availability of a final guideline 

document is published under '60.22(a), each 

State shall adopt and submit to the 

Administrator, in accordance with '60.4, a 

plan for the control of the designated pollutant 

to which the guideline document applies.

CAA section 129(b)(2) supersedes this 

provision. States are allowed up to one year 

after rule promulgation to submit a plan. 

 (2) Within nine months after notice of 

the availability of a final revised guideline 

document is published as provided in 

'60.22(d)(2), each State shall adopt and 

submit to the Administrator any plan revision 

necessary to meet the requirements of this 

subpart.

Subpart Ce, '60.39e(a)(2)supersedes '60.23. 

State plan revisions were due October 6, 2010.

'60.23(b) If no designated facility is located 

within a State, the State shall submit a letter of

certification to that effect to the Administrator 

within the time specified in paragraph (a) of 

this section. Such certification shall exempt 

the State from the requirements of this subpart 

for that designated pollutant.

Not applicable. 

 

 

'60.23(c)(1) Except as provided in 

paragraphs (c)(2) and (c)(3) of this section, the 

State shall, prior to the adoption of any plan or 

revision thereof, conduct one or more public 

hearings within the State on such plan or plan 

revision.

A public hearing on the plan revision was held 

in Charleston, WV on August 8, 2011.

' 60.23(d) Any hearing required by paragraph 

(c) of this section shall be held only after 

A certified copy of the required public notice 

was provided. The plan revision narrative 
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reasonable notice. Notice shall be given at 

least 30 days prior to the date of such hearing.

states the hearing was held in accordance with 

' 60.23(d) requirements.

' 60.23(e) The State shall prepare and retain, 

for a minimum of 2 years, a record of each 

hearing for inspection by any interested party. 

The record shall contain, as a minimum, a list 

of witnesses together with the text of each 

presentation.

The plan revision narrative states hearing 

records will be maintained for at least 2 years. 

A list of witnesses was provided.

' 60.23(f) The State shall submit with the 

plan or revision:

 (1) Certification that each paragraph (c) 

of this section was held in accordance with the 

notice required by paragraph (d) of this 

section; and

 (2) A list of witnesses and their 

organizational affiliations, if any, appearing at 

the hearing and a brief written summary of 

each presentation or written submission.

The DAQ submitted the required certification. 

' 60.23(g) provides for alternate procedures to 

insure public participation.

Not applicable.

40 CFR 60.24 -- Emission standards and compliance schedules

' 60.24(a) Each plan shall include emission 

standards and compliance schedules.

The plan revision is consistent with the 

provisions of Subpart Ce, as amended October 

6, 2009. 

' 60.24(b)(1) Emission standards shall 

prescribe allowable rates of emissions except 

when it is clearly impracticable. Such cases 

will be identified in the guideline documents 

issued under ' 60.22. Where emission 

standards prescribing equipment specification 

are established, the plan shall, to the degree 

possible, set forth the emission reductions 

achievable by implementation of such 

Not applicable.
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specifications, and may permit compliance by

the use of equipment determined by the State 

to be equivalent to that prescribed.

 (2) Test methods and procedures for 

determining compliance with the emission 

standards shall be specified in the plan. 

Methods other than those specified in 

Appendix A to this part may be specified in 

the plan if shown to be equivalent or 

alternative methods are defined in ' 60.2(t) 

and (u). 

The 45CSR18 revision contains the required 

regulatory revisions.

 

 

 (3) Emission standards shall apply to all 

designated facilities within the State. A plan 

may contain emission standards adopted by

local jurisdictions provided that the standards 

are enforceable by the State.

The 45CSR18 revision applies to all 

designated facilities.

' 60.24(c) Except as provided in paragraph 

(f) of this section where the Administrator has 

determined that a designated pollutant may

cause or contribute to endangerment or public 

health, emission standards, shall be no less 

stringent than the corresponding emission 

guideline(s) specified in Subpart C of this 

part, and final compliance shall be required as 

expeditiously as practicable but no later than 

the compliance times specified in Subpart C 

of this part.

Paragraph 7.9.f of 45CFR18, as revised,

requires expeditious compliance

' 60.24(d) Where the Administrator has 

determined that a designated pollutant may

cause or contribute to endangerment of public 

welfare but that adverse effects on public 

health have not been demonstrated, States 

may balance the emission guidelines, 

compliance times, and other information 

provided in the applicable guideline document 

against other factors of public concern in 

establishing emission standards, compliance 

schedules, and variances. Appropriate 

consideration shall be given to the factors 

Not applicable under section 129 rules.
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specified in ' 60.22(b) and to information 

presented at the public hearing(s) conducted 

under ' 60.23(c).

' 60.24(e)(1) Any compliance schedule 

extending more than 12 months from the date 

required for submittal of the plan shall include 

legally enforceable increments of progress to 

achieve compliance for each designated 

facility or category of facilities. Increments of 

progress shall include, where practicable, each 

increment of progress specified in ' 60.21(h) 

and such additional increments of progress as 

may be necessary to permit close and effective 

supervision of progress toward final 

compliance.

Expeditious plan compliance is required under 

the revised rule, paragraph 7.9.f. 

 (2) A plan may provide that 

compliance schedules for individual sources 

or categories of sources will be formulated 

after plan submittal. Any such schedule shall 

be the subject of a public hearing held 

accordingly to ' 60.23 and shall be submitted 

to the Administrator within 60 days after the 

date of adoption of the schedule but in no case 

later than the date prescribed for submittal of 

the first semiannual report required by

' 60.25(e).

Not applicable for section 129 sources.

' 60.24(f) On a case-by-case basis for 

particular designated facilities, or classes of 

facilities, States may provide for the 

application of less stringent emission 

standards or longer compliance schedule than 

those otherwise required by paragraph (c) of 

this section, provided that the State 

demonstrated with respect to each facility (or 

class of facilities):

 (1) Unreasonable cost of control 

resulting from plant age, location or basic 

process design:

 (2) Physical impossibility of installing 

This provision is superseded by 129 (b)(2) 

that requires state plan emission standards to 

be at “least as protective” as the emission 

guidelines. The revised rule 45CSR18 

emission limitations are at least as protective 

as those in the 10/6/09 subpart Ce revision.
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necessary control equipment; or 

 (3) Other factors specific to the facility

(or class of facilities) that make application of 

a less stringent standard or final compliance 

time significantly more reasonable.

' 60.24(g) Nothing in this subpart shall be 

construed to preclude any State or political 

subdivision thereof from adopting or 

enforcing:

 (1) emission standards more stringent 

than emission guidelines specified in Subpart 

C of this part or in applicable guideline 

documents, or 

 (2) compliance schedules requiring 

final compliance at earlier times than those 

specified in Subpart C or in applicable 

guideline documents. 

The state is not imposing more stringent 

emission standards than those under subpart 

Ce, as revised 10/6/09.

' 60.24(h) States requirements of EGU 

budgets.

Not applicable.

40 CFR 60.25 -- Emission inventories, source surveillance, reports.

' 60.25(a) Each plan shall include an 

inventory of all designated facilities, including 

emission data for the designated pollutants 

and information related to emissions as 

specified in Appendix D to this part. Such 

data shall be summarized in the plan, and 

emission rates of designated facilities shall be 

correlated with applicable emission standards. 

As used in this subpart, “correlated” means 

presented in such a manner as to show the 

relationship between measured or estimated 

amounts of emissions and the amounts of such 

emissions allowable under applicable

emission standards.

The plan revision contains the required source 

emission inventories – Tables 18-3, 4, and 5. 

Any affected source not listed in the inventory

must comply with applicable requirements.
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' 60.25(b) Each plan shall provide for 

monitoring the status of compliance with 

applicable emission standards. Each plan 

shall, as a minimum, provide for:

Included in plan narrative section on legal 

authority.

 (1) Legally enforceable procedures for 

requiring owners and operators of designated 

facilities to maintain records and periodically

report to the State information on the nature 

and amount of emissions from such facilities, 

and/or such information as may be necessary

to enable the State to determine whether such 

facilities are in compliance with applicable 

portions of the plan.

 (2) Periodic inspection and, when 

applicable, testing of designated facilities. 

The EPA Administrator retains authority for 

several tasks, as stipulated in '45-18-11.1. 

' 60.25(c) Each plan shall provide that 

information obtained by the State under 

paragraph (b) of this section shall be 

correlated with applicable emission standards 

(see ' 60.25(a)) and made available to the 

general public.

DAQ has the authority to make emissions data 

available to the public.

' 60.25(d) The provisions referred to in 

paragraphs (b) and (c) of this section shall be 

specifically identified. Copies of such 

provisions shall be submitted with the plan 

unless: 

 

 (1) They have been approved as 

portions of a preceding plan submitted under 

this subpart or as portions of an 

implementation plan submitted under Section 

110 of the Act, and

 (2) The State demonstrates:

(i) That the provisions are 

applicable to the designated 

pollutant(s) for which the plan is 

submitted, and 

Copies of the HMIWI plan revision, 

including applicable rules (WV45CSR18, as 

amended 6/16/11), were made available 

during the public comment periods. 

 
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(ii) That the requirements of 

'60.26 are met. 

 

' 60.25(e) The State shall submit reports on 

progress in plan enforcement to the

Administrator on an annual (calendar year) 

basis, commencing with the first full report 

period after approval of a plan or after 

promulgation of a plan by the Administrator. 

Information required under this paragraph 

must be included in the annual report required 

by ' 51.321 of this chapter.

The DAQ has been submitting progress 

reports in June of each year for the preceding 

calendar year. The first report, under the plan 

revision, will be due one year after EPA 

approval of the HMIWI plan revision.

' 60.25(f) Each progress report shall include: 

(1) Enforcement actions initiated 

against designated facilities during the 

reporting period, under any emission standard 

or compliance schedule of the plan.

(2) Identification of the achievement 

of any increment of progress required by the 

applicable plan during the reporting period. 

(3) Identification of designated 

facilities that have ceased operation during the 

report period.

(4) Submission of emission inventory

data as described in paragraph (a) of this 

section for designated facilities that were not 

in operation at the time of plan development 

but began operation during the reporting 

period.

The content of the reports are stipulated in 

Section X of the plan narrative; the content is 

consistent with ' 60.25(f).

(5) Submission of additional data as 

necessary to update the information submitted 

under paragraph (a) of this section or in 

previous progress reports.

(6) Submission of copies of technical 

reports on all performance testing on 

designated facilities conducted under 

paragraph (b)(2) of this section, complete with 

concurrently recorded process data. 
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40 CFR 60.26 -- Legal authority

' 60.26(a) Each plan shall show that the State 

has legal authority to carry out the plan, 

including authority to: 

 (1) Adopt emission standards and 

compliance schedules applicable to designated 

facilities.

 (2) Enforce applicable laws, 

regulations, standards, and compliance 

schedules, and seek injunction relief.

 (3) Obtain information necessary to 

determine whether designated facilities are in 

compliance with applicable laws, regulations, 

standards, and compliance schedules, 

including authority to require recordkeeping 

and to make inspections and conduct tests of 

designated facilities.

 (4) Require owners or operators of 

designated facilities to install, maintain, and 

use emission monitoring devices and to make 

periodic reports to the State on the nature and 

amounts of emissions from such facilities; 

also authority for the State to make such data 

available to the public as reported and as 

correlated with applicable emission standards.

See EPA’s May 23, 2000 TSD for the initial 

plan approval.

' 60.26(b) The provisions of law or 

regulations which the State determines 

provide the authorities required by this section 

shall be specifically identified. Copies of 

such laws or regulations shall be submitted 

with the plan unless: 

(1) They have been approved as 

portions of a preceding plan submitted under 

this subpart or as portions of an 

implementation plan submitted under section 

110 of the Act, and

(2) The State demonstrates that the 

laws or regulations are applicable to the 

Same as above. EPA has approved previous 

WV 111(d)/129 plans – CISWI, HMIWIs and 

landfills.
15

designated pollutant(s) for which the plan is 

submitted.

' 60.26(c) The plan shall show that the legal 

authorities specified in this section are 

available to the State at the time of submission

of the plan. Legal authority adequate to meet 

the requirements of paragraphs (a)(3) and (4) 

of this section may be delegated to the State 

under section 114 of the Act.

Same as above. Legal authority cited in the 

submitted plan.

' 60.26(d) A State governmental agency

other than the State air pollution control 

agency may be assigned responsibility for 

carrying out a portion of a plan if the plan 

demonstrates to the Administrator's 

satisfaction that the State governmental 

agency has the legal authority necessary to 

carry out that portion of the plan.

Not applicable.

' 60.26(e) The State may authorize a local 

agency to carry out a plan or portion thereof, 

within the local agency's jurisdiction if the plan 

demonstrates to the Administrator's 

satisfaction that the local agency has the legal 

authority necessary to implement the plan or 

portion thereof, and that the authorization does 

not relieve the State of responsibility under the 

Act for carrying out the plan or portion thereof.

Not applicable.
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III. Requirements affected HMIWI owners/operators must meet

Q. What general requirements must an owner/operator meet under the approved EPA 111(d)/129 

plan revision?

A. An owner/operator must meet the same applicability, emission limits, operating, testing, 

monitoring, recordkeeping, reporting, compliance schedules, and other applicable requirements 

contained in the revised plan. While 45 CSR 18 contains provisions for various types of solid 

waste incineration units, theses revisions and subsequent approval of the plan deal only with 

HMIWI units.

Q. Is there a requirement for obtaining a Title V permit revision?

A. Yes, as with the previous plan approval, an affected facility will need to submit a Title V 

permit application revision. Accordingly, the DAQ will complete the Title V permit revision as 

soon as practicable. The level of public participation in revising the Title V permit will depend 

on the type of revision needed under 40 CFR 70.7 and West Virginia 45 CSR 30.6.

IV. Conclusion

While EPA did offer comments on the rule, West Virginia’s rulemaking procedures would not 

enable them to make changes until the summer of 2012 at the earliest. EPA rule comments were

related to minor typographical errors under the definition section; the need to acknowledge rule 

enforceability under 40 CFR Part 62, subpart XX; and the consistency of conditions for repeat 

performance testing with subpart Ce. The DAQ responses to EPA comments are consistent with 

plan requirements and clarify the intent of certain rule provisions. DAQ stated in its response to 

comments that EPA concerns are not significant enough to warrant disapproval of the plan, and 

EPA agrees. The submitted West Virginia HMIWI plan revision to address October 6, 2009 

amendments to the emission guidelines, subpart Ce, and the related new source performance 

standard provisions, subpart Ec, is approvable, and fully enforceable. 

The EPA Administrator continues to retain authority for several tasks, as stipulated in 45 CSR 

18, '45-18-11.1 this retention of federal authority also includes the granting of waivers for initial 

and annual compliance testing requirements.