1 

### TECHNICAL SUPPORT DOCUMENT (TSD) **FOR THE STATE OF WEST VIRGINIA 111(d)/129 PLAN**
**REVISION # 2**  **FOR THE CONTROL OF EMISSIONS FROM EXISTING** 

**HOSP IT** **AL/MEDICAL /**  **INFECTIOUS W**  **ASTE**

**INCINERATOR (**  **HMIWI ) UNITS** 
Submitted By the West Virginia Department of Environ mental Protection , Division of Air Quality (DAQ)
on September 7 , 20 11
TSD Prepared by Mike Gordon Office of Permits and Air Toxics , 3AP 10 U.S. Environmental Protection Agency, Region 3

1650 Arch Street Philadelphia, Pennsylvania 19103

(215)814

- 2 0 39 Reviewed By:

/s/ /s/ Kathleen Cox Andrew Hass Acting Associate Director Acting Associate Director Offic e of Permits Office of Air Monitoring and A ir 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 Signed2 **TABLE OF CONTENTS**
Page

I. General provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

A. What action is EPA a pproving? . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
m eet 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 HMIW I unit owners/operators

. . . . . . . . . . . . . . . . . . . . . . . . . . 1 6

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

. . . . . . . . 1 6

B. Is there a requirement for obtaining a Title V permit? . . . . . . . . . . . . . . . . . . . . . . . . . 1 6

IV . Conclusion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 63 **WEST VIRGINIA HOSPITAL/MEDICAL**  **/ INFECTIOUS**  **SOLID WASTE INCINERATOR**  **( HMIWI**  **) 111(d)/129 PLAN**  **REVISION #2**

**I**

. **Genera l Provisions**  Q. What action is EPA approving?

A

. On September 7, 201 1, the West Virginia Department of Environmental Protection, Division of Air Quality

( DAQ ) forwarded to EPA revision s 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 sup ersede 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 HMIW I units, and the related new source performance standard provisions , subpart Ec , as amended October 6, 2009

. Other ty pes 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, sul f ur dioxide, and nitrogen oxides ). Q. What are the expected environmental and public health benefits from controlling HMIW I emissions?

A. The b enefits are explained in the original EPA plan approval technical support document dated M ay

23 , 200 0

. Also, this action will help mitigate toxics deposition on streams and lakes

.

**II. Federal Requirements the WV HMIW** **I 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 HMIWIunits

. The submitted plan revision contains all the required elements as listed in EPA’s4

WV plan approval Federal Register notice of June 13 , 200 0 . (6 5 FR 37046 ).
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.5 **W V 45CSR18 Rule Review**  **WV45CSR18, June 16, 2011 Amendments for Hospital/Medical Infectious Waste Incin erator (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 S ection(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.** Secti on 2 contains no definition of “ C ontinuous 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 2.3 6 .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 ty pograp hical 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

6 0.35e, 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 do es not include any 45 CSR18 provisions relating to SMWC, CISWI, and OSWI units.6 **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.7

**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

o f 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. S tates are allowed up to one ye ar after rule promulgation to submit a plan.

(2) Within nine months after notice of the availability

o f a final revised guideline document is published as provided in ' 60.22(d)(2), each State shall adopt and submit to the Administrator any p lan 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 i s 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) E xcept as provided in paragraphs (c)(2) and (c)(3) of this section, the State shall, prior to the adoption of any p lan 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

h earing required by

p aragraph (c) of this section shall be held only a fter A certified copy of the required public notice
was provided. The plan revision narrative8

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 ye ars, 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 ye ars. A list of witnesses was provide d

.

' 60.23(f) The State shall submit with the plan or revision : (1) C ertification that each paragraph (c) of this section was held in accordance with the notice required by

p aragraph (d) of this section; and (2) Al ist of witnesses and their organizational affiliations, if any, appearing at the hearing and a brief written summary o f each presentation or written submission. The DAQ submitted the required certification.

' 60.23(g) provides for alternate procedures to insure public participation. Not applica ble.

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. S uch cases will be identified in the guideline documents issued under ' 60.22. Where emission standards prescribing equipment specific ation
are established, the plan shall, to the degree possible, set forth the emission reductions achievable by

implementation of such Not applicable.9

specifications, and may

p ermit 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 b e 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) Emissio n standards shall apply to all designated facilities within the State. A plan may c ontain emission standards adopted by local jurisdictions provided that the standards are enforceable by

the State. The 45CSR18 revision applies to all designated faciliti es.

' 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 corre sponding emission guideline(s) specified in Subpart C of this part, and final compliance shall be required as expeditiously

a s practicable but no later than the compliance times specified in Subpart C of this part. Paragraph 7.9.f of 45 CFR18, 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, State s may b alance 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 consi deration shall be given to the factors Not applicable under section 129 rules.10

specified in ' 60.22(b) and to information presented at the public hearing(s) conducted under ' 60.23(c).

' 60.24(e)(1) Any

c ompliance 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 o r category

o f facilities. I

ncrements of progress shall include, where practicable, each increment of progress specified in ' 60.21(h) and such additional increments of progress as may b e necessary

to permit close and effective supervision of progress toward final compliance. Expeditious plan compliance is required under the revised rule, paragra

ph 7.9.f.

(2) Ap lan may

p rovide that compliance schedules for individual sources
or categories of sources will be formulated after plan submittal. Any s uch 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) O n a case
- by

- case basis for particular designated facilities, or classes of facilities, States may

p rovide for the application of less stringent emission standards or longer compliance schedule than those otherwise required by p aragra ph (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 impossibi lity of installing This provision is superseded by 1 29 (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.11

necessary control equipment; or (3) O ther factors specific to the facility (or class of facilities) that make application of
a less stringent standard or final compliance time significantly

more reasonab le.

' 60.24(g) N othing in this subpart shall be construed to preclude any S tate 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) c ompliance 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 o f all designated facilities, including emission data for the designated pollutants and information related to emissions as specified in Appendix D to this part. S uch data shall be s ummarized in the plan, and emission rates of designated facilities shall be
co rrelated with applicable emission standa rds. 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 a ffected source not listed in the inventory must comply

with applicable requirements.12

' 60.25(b) Each plan shall provide for monito ring the status of compliance with applicable emission standards. E ach plan shall, as a minimum, provide for: In cluded in plan narrative section on legal authority

.

(1) Legally

enforceable procedures for requiring owners and operators of de signated 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) P eriodic inspection and, when applicable, testing of designated facilities. The EPA Administrator retains authority f or several tasks, as stipulated in '45

- 18

- 11.1.

' 60.25(c) Each p lan 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 t o make emissions data
av ailable to the public.

' 60.25(d) The provisions referred to in paragraphs (b) and (c) of this section shall be specifically

i dentified. C opies of such provisions shall be submitted with the plan unless: (1) They h ave been approved as portions of a preceding plan submitted under this subpart or as portions of an implementation plan s ubmitted 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 HMIWIp lan revision, including appli cable rules (WV45CSR18, as amended 6/16/11), were m ade available during the public c omment periods.13

( 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 ye ar) basis, commencing with the first full report period after approval of a plan or after promulgation of a plan by the Administrator. In formation 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 ye ar. The first report, under the plan revision, will be due one ye ar after EPA approval of the HMIWIplan 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 thi s 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) S ubmission of additional data as necessary to update the information submitted under paragraph (a) of this section or in previous progress reports. (6) S ubmission of copies of technical reports on all performance testing on designated f

acilities conducted under paragraph (b)(2) of this section, complete with concurrently

recorded process data.14

40 CFR 60.26

-- Legal authority

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

to carry o ut the plan, including auth ority

to: (1) A dopt 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 t o 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 2 3, 2000 TSD for the initial plan approval.

' 60.26(b) The provisions of law or regulations which the State determ ines provide the authorities required by t his section shall be specifically

i dentified. C opies of such laws or regulations shall be submitted with the plan unless: (1) They

h ave 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 approve d previous WV 111(d)/129 plans

– CI SWI , HMIWI s 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

b e delegated to the State under section 114 of the Act. Same as above. Legal authority c ited in the submitted plan.

' 60.26(d) A State governmental agency other than the State air pollutio n control agency m ay b e assigned responsibility f or carrying out a portion of a plan if the plan demonstrates to the Administrator's satisfaction that the State governmental agency h as the legal authority

n ecessary

to carry out that portion of the plan. Not applicable.

' 60.26(e) The State may a uthorize a local agency to carry o ut 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.16

**III. Requirements affected HMIW** **I owner s/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 ty pes of solid waste incineration units, theses revisions and subsequent approval of the plan deal only with HMIWIunits.
Q. I s 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 ty pe of revision needed under 40 CFR 70.7 and West Virginia 45 CSR 30 .6.

**IV. C onclusion** 

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 ty

pographical errors under the definition section ; the need to acknowledge rule enforc eability under 40 C FR 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 th e granting of waivers for initial and annual compliance testing requirements.