JOINT COMMITTEE ONADMINISTRATIVE RULES.. ,'-'11 NO ,I

ILUNGIS GENEPAl ASSEMBLY IEP/\ ATTI\CHI"LN '-f'iJ

CO-CHAIR'

SEN. MAGGIE CROny

CO-CH/l.,IR"

HEP, ANGELO "SKiP" SAVIANO

EXECUTIVE DIRECTOR:

VICKI THOMAS

SEN, PAMELA ALTHOFF

SEN, DON HARMON

SEN. JOHN O. JONES

SEN DALE RIGHTER

SEN, IRA SILVERSTEIN

REP. GFlEGORY HAFlRlS

REP, lOU LANG

REP. DONALD MOFFiTr

REP. ROSEMARY MUl.LlGAN

REP ANDRE THAPEDI

700 STRATTON BUILDING

SPRINGFIELD, ILLINOiS 62706

217n85-2254

MEMORANDUM

TO

FROM:

DATE:

Tanner Girard, Chaim1an

Pollution Control Board

Vicki Thomas

Executive Director

7/5/2011

STATE OF ILLINOIS

Pollution Control Soard

RE: Hospital/Medical/Infectious Waste Incinerators (35 Ill, Adm, Code 229)

35 Ill. Reg, 10224 - 7/1/11

Pursuant to Scction 5-40(c) ofthc Administrative Procedure Act, JCAR is requesting from your

agency an analysis of the economic and budgetary effects of the above-referenced ru1emaking,

The analysis can be completed using the standard JeAR economic impact form and can be

transmitted to JCAR as soon as it is ready, but at least by the time the agency submits its Second

Notice on this rulemaking,

JCAR staff will contact you if they need any further economic information not covered by your

submission of the form, The information from the economic and budgetary analysis will be

presented to the members ofJCAR as part ofthe staff's review ofthis issue,

Thank you for your cooperation, If you have any questions regarding this request, please contact

us at 217/785-2254,

VT:DC:rm

cc: John Theniault
Electronic Filing - Received, Clerk's Office, 08/16/2011

* * * * * PC # 1 * * * * * IEPA ATTACHMENT NO,

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICAL/INFECTIOUS )

WASTE INCINERATORS )

)

)

RI1-20

(Rulemaking - Air)

TO:

.John Therrianlt, Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Mitchell Cohen

Chief Legal Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Wade Van Zee

Stericycle, Inc.

5815 Weldon Springs Rd.

Clinton, 1L 61727

NOTICE

Matthew.T. Dunn, Chief

Environmental

Enforcement/Asbestos

Litigation Division

Illinois Attorney General's Office

69 West Washington St., 18th Floor

Chicago, IL 60602

Selin Hoboy

Vice President, Legislative &

Regulatory Affairs, Stericycle, Inc.

Suite 200 BMP105

Denver, CO 80209

Kathleen M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control Board

the ILLINOIS EPA FIRST NOTICE COMMENTS AND THIRD ERRATA TO

HOSPITALiMEDICALIINFECTIOUS WASTE INCINERATORS a copy of which is herewith

served upon you.
Electronic Filing - Received, Clerk's Office, 08/16/2011

* * * * * PC # 1 * * * * *

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

DATED: August 16,2011

102 I North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

By: /s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED

ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, 08/16/2011

* * * * * PC # 1 * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

Rll-20

(Rulemaking - Air)

ILLINOIS EPA FIRST NOTICE COMMENTS AND THIRD ERRATA TO

HOSPITALIMEDICAL/INFECTIOUS WASTE INCINERATORS

NOW COMES Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA" or "Agency"), by its attorney, Charles E. Matoesian, and hereby submits this

second errata and first notice comments in the above rulemaking proceeding. The Illinois EPA

appreciates the Illinois Pollution Control Board's ("Board" or "IPCB") efforts in this rulemaking

to amend 35 Ill. Adm. Code, new Part 229. The Illinois EPA believes the proposed amendments

ofPart 229 will reduce emissions from hospital/medical/infectious waste incinerators. The

Agency also thanks the Board for this opportunity to present comments.

I. Section 229.142 Initial Performance Testing and Establishment of Operating

Parameters for all HMIWIs

The Illinois EPA believes it made a typographical error which is reflected in the Boards

order at Section 229.142(b)(I). In the Board's order ofJune 16, 20 II, subsection (b)(I)

stated "[e]xcept as provided in Section 229.115(a)(2)(B)(v) of this Part..." The citation

contains an error, the text should read, "[e]xcept as provided in Section

229.l15(b)(2)(B)(v) (a)(2)(B)(v) of this Part..."

2. The Board also noted on page 13 of its June 16,20 II, order that "[t]he first notice

proposal also reflects editorial changes to the Agency's proposal by the Board at

229.] 16(a)(2), (b) and (c), on which the Agency is encouraged to comment." Upon

reflection, the Agency disagrees with the Boards changes to 229.l16(a)(2) and (b). In
Electronic Filing - Received, Clerk's Office, 08/16/2011

* * * * * PC # 1 * * * * *

both subsections, the Board removed the cross-cite to (a)(I). The Board edited the

subsections to remove the cross-cite as below:

***

2) On or before January], 2013, except as provided for in Section

229.116(c), for an HMIWI as defined in Section 229.] 10 Ca)O) or (a)(2)

ofthis Part subject to the emissions limits under Section 229.125(c), as

applicable, or Section 229.] 26(c) ofthis Part.

b) Take the following affirmative steps to demonstrate that the HMIWI has been

rendered pennanently inoperable by September 15, 2000, for an HMIWI as

defined in Section 229.] 10 (a)(I), or by January], 2014 for an HMIWI as defined

in Sections 229.1]0 Ca)O) afld (a)(2) ofthis Part:

The Illinois EPA, however, believes the rule is better with the cross-cite to subsection

(a)(I) in both 229.1] 6(a)(2) and (b). They should thus be amended to read:

***

2) On or before January 1,2013, except as provided for in Section

229.116(c), for an HMIWI as defined in Section 229.]]0 (a)(l) or (a)(2)

ofthis Part subject to the emissions limits under Section 229.125(c), as

applicable, or Section 229.]26(c) ofthis Part.

b) Take the following affirmative steps to demonstrate that the HMIWI has been

rendered permanently inoperable by September] 5, 2000, for an HMIWI as

defined in Section 229.110 (a)(I), or by January], 2014 for an HMIWI as defined

in Sections 229.] 10 (a)(]) and (a)(2) of this Part:

The Agency agrees with the Board's editorial change to Section 229.1 ]6(c).
Electronic Filing - Received, Clerk's Office, 08116/2011

* * * * * PC # 1 * * * * *

cSTATE OF ILLINOIS

COUNTY OF SANGAMON

)

)

)

SS

CERTIFICATE OF SERVICE

I, thc undersigned, on oath state that I have served electronically the attached ILLINOIS

EPA FIRST NOTICE COMMENTS AND THIRD ERRATA TO

HOSPITALiMEDICALIINFECTIOUS WASTE INCINERATORS upon the following persons:

John Therriault, Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Mitchell Cohen

Chief Legal Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Wade Van Zee

Stericyele, Inc.

5815 Weldon Springs Rd.

Clinton, IL 61727

Dated: August 16, 2011

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Matthew J, Dunn, Chief

Environmental

EnforcementlAsbestos

Litigation Division

Illinois Attorney General's Office

69 West Washington St., 18th Floor

Chicago, IL 60602

Selin Hoboy

Vice President, Legislative &

Regulatory Affairs, Stericyele, Inc.

Snite 200 BMPI05

Denver, CO 80209

Kathleen M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Snite 11-500

Chicago, Illinois 60601

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

lsI Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel
ILLINOIS POLLUTION CONTROL BOARD

June 16,2011 IEPA ATT/,CHIVIENT NO. ,._._~

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL. ADM. CODE )

PART 229: )

HOSPITAL/MEDICAL/INFECTIOUS )

WASTE INCINERATORS )

Proposed Rule. First Notice.

RIl-20

(Rulemaking - Air)

OPINION AND ORDER OF THE BOARD (by C.K. Zalewski):

In recognition of proponent's motion for expedited consideration granted today, the

Board today adopts a first notice rule proposal for publication in the Illinois Register. One

hearing has been completed concerning this proposal (June 8, 2011), and one has yet to be held

(June 28,201 I). Adoption offirst notice today will facilitate completion ofthis rulemaking on

proponent's preferred timetable.

The first notice proposal adopted here contains the text of the Agency's proposal as

amended by the Agency to date in its May 25 and June 13, 2011 errata sheets, and contains the

compliance dates agreed to by Stericycle at the first hearing. The participants are free to

suggest additional changes at the second hearing. Prior to adoption of any second notice order

for review by the Joint Committee on Administrative Rules, the Board will consider written

public comment timely received during the public comment period established by the hearing

officer following the June 28, 201 I hearing.

PROCEDURAL HISTORY

On December 23, 2010, the Illinois Environmental Protection Agency (Agency or IEPA)

filed a rulemaking proposal for amendments to the Board's air quality standards rules pursuant to

the general rulemakings provisions of Section 27 ofthe lllinois Environmental Protection Act

(Act), 415 ILCS 5/27 (2010) and the Boards procedural rules at 35 Ill. Adm. Code 102. The

proposal is accompanied by, among other things, a Technical Support Document (TSD) 1

, a

motion for waiver of copy submission requirements 2

, and a motion for expedited review (MER).

In the Statement of Reasons (SR) accompanying the proposal, the Agency stated that this

proposal contains amendments to 35 III. Adm. Code Part 229 "Hospital/Medical/Infectious

Waste Incinerators" (HMIWI). The proposed rules would reflect amendments promulgated by

1 The TSD is entitled "Control Options and Assoeiated Costs of Complying with the Proposed

Revisions to 35 lllinois. Administrative Code, Part 229: Hospital/Medical/Infectious Waste

Incinerators", AQPSTR10-08, IEPA (Dee.IO, 2010)

2 The Board today continues to reserve ruling on the motion for waiver of copy submission

requirements.
2

the United States Environmental Protection Agency (USEPA) to federal air quality standards,]

including new source performance standards and emissions guidelines. SR at I. Changes

include revised emission standards (more stringent than existing ones), revised waste

management plan provisions (for greater flexihility in demonstrating compliance), and removal

of an existing startup, shutdown, and malfunction provision. Id.

The compliance date for the new rules would be January I, 2014. The Agency reports

lJIinois currently has only one HMIW[ to which the new rules would apply: the Stericycle, Inc.

facility located in Clinton, DeWitt County. SR at 8-9.

[n a January 6, 20 II order, the Board accepted the petition for hearing. But, the Board

reserved ruling on the pending motions, as participants' time to respond to them had not yet

elapsed. Hearings were initially scheduled for March and April ofthis year. See hearing officer

order (Feb. I, 20 II). Accordingly, the Agency prefiled testimony on February 18, 20 II and

Stericycle did so on February 20, 2011.

On February 22, 2011, in accordance with Section 27(b) ofthe Act (415 [LCS 5/27(b)

(2010»), the Board requested that the Department ofCommerce and Economic Opportunity

(DCEO) conduct an economic impact study for this rulemaking. On May 23, 2011, the Board

received a response from DCEO, declining the request, and stating that it was unable to perform

an economic impact study.

The first-scheduled set of hearings did not take place, as newspaper publication was not

accomplished to allow for the 30-day pre-hearing notice required by the CAA in all of the state's

II air regions. Hearings were rescheduled for June 8 and 28, 20 II; to facilitate hearing

efficiency, the Agency and Stericycle were directed by the hearing officer to pre-file answers to

questions concerning the previously-prefiled testimony. See hearing officer order (Apr. 20,

2011)4

] USEPA adopted its "Standards of Performance for New Stationary Sources and Emissions

Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators" at 74 Fed.

Reg. 51368 (Oct. 6, 2009). States were required to have State Implementation Plans (SIP)

revisions with the new ineinerator rules filed within a year ofthe date of USEPA promulgation

ofthe new rules, i.e. by October 6,2010. Section I29(b)(3) of the federal Clean Air Act (CAA),

42 USC7429(c), requires USEPA to develop a Federal Implementation Plan (FIP) within two

years offederal rule promulgation i.e. by October 6, 2011.

4 The hearing officer order stated:

But, the hearing officer notes that the Board could still timely adopt rules on the

schedule preferred by the Agency ifthe Board adopts a first notice proposal no

later than the Board meeting scheduled for June 16,201 1.

The Board hypothetically could adopt the Agency's proposal as drafted for first
3

Stericyle prefiled testimony and answers for the first hearing on May 23, 20] 1, and the

Agency filed its answers and first errata sheet on May 25, 20 I ]. The first hearing was held in

Clinton on June 8, 20] ], and the second is scheduled for June 28, 2011 in Chicago.

JUNE 8, 2011 HEARING

Hearing' commenced as scheduled in Clinton on June 8, 201 ]. The Agency was

represented by Attorney Charles Matoesian, who was accompanied by witness Dixon Nwaji. Tr.

at 6. Stericycle was not represented by an attorney. Stericyle's spokesman was Selin Hoboy, its

vice-president of legislative and regulatory affairs. Tr. at 7.Ms. Hoboy was accompanied by

Stericycle's Rick Gabery, Regional Operations Director, Jim No]d, Plant Operations Manager,

and Wade Van Zee, Manager of Environmental Quality. Id.

The Agency and Stericycle each presented one witness, and six exhibits6 were offered

and admitted into the record. These included Exhibit 2, an agreed-upon revision ofthe

notice without commenting on the merits ofthe proposal in advance of any

hearings. But, given Stericycle's prefiled testimony concerning the proposed

cornpliance dates, Board action in advance of hearing could be misconstrued as

prejudgment on the merits ofthe proposal without allowing Stericycle to be heard.

Under these circumstances, it would be most helpful ifthe June 8 hearing could

develop a record for Board deliberation that makes clear any agreements or

disagreements the Agency and Stericycle have concerning the other's respective

positions on the proposal. So, Board staff has taken steps to encourage the

participants to refine their thinking concerning the Agency's proposal and

Stericycle's testimony concerning the proposed compliance dates. Attached to

this order are questions concerning the previously-filed testimony, which this order

requests that the Agency and Stericyle respond to in writing in advance of hearing,

on or before May 23,2011. Hearing officer order (Apr. 20, 2011) at p. 3.

5 The hearing transcript is cited as "Tr.".

6 Exhibit I: Testimony of Dixon Nwaji, Environmental Protection Engineer, [EPA Air Quality

Planning Section, filed 2/18/20] 1; Exhibit 2: 6/8/11 Amendments Agreed to by !EPA &

Stericyele to 35 111. Adm. Code 229.115 "Compliance Schedules for HMIWls That Will

Continue to Operate"; Exhibit 3: lEPA 5/25/11 Answers and First Errata to Questions

Regarding Hospital/Medical! Infectious Waste Incinerators; Exhibit 4: Stericycle Inc. Testimony

on Amendments to 35 111. Adm. Code Part 229: HMIWI, filed 2/22/2011 (signed by Selin Hoboy,

VPLegislative and Regulatory Affairs); Exhibit 5: 5/23/11 Stericycle Inc. Testimony on

Amendments to 35 111. Adm. Code Part 229: HMIWI, signed by Selin Hoboy, VP Legislative and

Regulatory Affairs); Exhibit 6: 6/23/20 I ] Hearing officer order in RII-24 addressing questions

to IEPA and Stericycle re their respective filings 01'5/25/2011 & 5/2312011.
4

compliance dates to reflect discussions between IEPA and Stericyle resolving concerns

expressed about the originally proposed compliance dates by Stericycle in pre-filed testimony.

Tr. at IO-I I. Both participants agreed to a minor language modification in Section 229.1 15

(b)(2)(B)(vii) suggested by the hearing officer and indicated on the face of Exhibit 2. Tr. at 15.

Testimony ofIEPA's Dixon Nwaji

The Agency presented the prefiled testimony of Dixon Nwaji an Environmental

Protection Engineer in the Agency's Air Quality Planning Section. The testimony was entered

into the record as if read as Exhibit I. See Tr. at 9. Mr. Nwaji summarized much ofthe material

in the TSD submitted by the Agency along with its proposal.

Since April 1991, Mr. Nwaji's responsibility in this capacity has included tracking the

development ofregulations under section 112 ofthe federal CAA, including the national

emission standards for hazardous air pollutants (NESHAPS) and related regulations under

Section 129 ofthe CAA. Mr. Nwaji also provides outreach to the regulated community and

other stakeholders in the implementation ofthe regulations. Exh. I at unnumbered p. 2.

Regulatory Background. Mr. Nwaji reminded that the CAA requires the USEPA, in

order to to protect public health and welfare, to promulgate maximum achievable control

technology standards (MACT) for the control of emissions oflisted pollutants from HMIWI.

MACT standards are based on the maximum degree of reduction in emissions oflisted toxic air

pollutants already being achieved by the best-controlled and lower-emitting sources in an

industry group (in this instance, the HMIWI source category). The listed pollutants are hydrogen

chloride, carbon monoxide, lead, cadmium, mercury, particulate matter, oxides ofnitrogen,

sulfur dioxide, and dioxin/furans. Exh. I at unnumbered p. 2.

Mr. Nwaji then reviewed the histoy ofthe rules at issue here. Mr. Nwaji stated that on

September 15, 1997, USEPA published new source performance standards (NSPS) for new

HMIWI units, and emissions guidelines (EG) for existing HMIWI units (the 1997 NSPS/EG

standards). Illinois adopted rules codified as 35 Ill. Adm. Code Part 229, and USEPA approved

as part ofthe Illinois SIP rules that reflect the emissions guidelines under the 1997 NSPSIEG

standards. Exh. I at unnumbered p. 3.

On March 2, 1999, the U.S. Court ofAppeals for the District ofColumbia Circuit in a

case challenging USEPA's methodology in deriving the 1997 MACT standards, remanded the

rule for further explanation from USEPA of its derivation ofthe standards. Since the appellate

court did not vacate the rule, rule requirements remained in effect during the remand and were

fully implemented by September 15, 2002. Then, on October 6, 2009, the USEPA, in response

to the appellate remand, published revised NSPS and EG for HMIWI units (the 2009 NSPS/EG

standards). The amended standards addressed issues raised in litigation by petitioners, and also
5

satisfied USEPA's obligation under the CAA to conduct a review ofthe HMIWI MACT

standards every five years. Exh. I at unnumbered p. 3.

With the promulgation ofthe 2009 NSPS/EG standards, IEPA is required under the CAA

to submit a revised SIP to address the new requirements under the revised emissions guidelines.

Exh. I at unnumbered p. 3.

Waste Treatment by Medical Waste Incineration. Mr. Nwaji testified that the

proposed amendments to 35 III. Adm. Code Part 229 will substantially reduce emissions of

hazardous air pollutants (HAPs) and criteria pollutants from medical waste incinerators, also

referred to as HMIWI. He explained that medical waste incinerators are major sources of

persistent, bioaccumulative, and toxic pollutants such as lead, cadmium, dioxins/furans, and

mercury. These pollutants are known or suspected to cause serious health effects, such as cancer,

birth defects, and lung defects as well cause adverse environmental and ecological effects. The

reductions in emissions of these toxic pollutants that will be achieved from the implementation

of the proposed amendments will accordingly benefit public health and the environment. Exh. 1

at unnumbered p. 3.

Mr. Nwaji explained that incineration is among the existing waste treatment technologies

used to process medical waste to make it biologically and chemically safe for disposal in a

landfill. The advantages ofincineration include destruction of pathogens and hazardous

organics, reduction in the volume of material combusted, and energy recovery. In addition,

incineration leaves wastes unrecognizable after treatment. But, a major disadvantage of

incineration as a treatment method is the public health risk posed by the emissions of hazardous

air pollutants from the waste incineration process. Other waste treatment technologies such as

autoclaving (and landfilling), gas/vapor sterilization, chemical disinfection, thermal inactivation,

microwave sterilization and others are being embraced as alternative treatment options to

incineration as they do not pose the level of public health risk that incineration does. Exh. I at

unnumbered p. 3.

Mr. Nwaji noted that each waste treatment method presents its own performance issues

and environmental impacts. The alternative treatment options to varying degrees are not as

effective as incineration when used to treat certain waste types such as pathological,

chemotherapy and pharmaceutical wastes. In terms of environmental impacts, autoclaving, for

example, does not achieve the volume reduction as incineration, and that some medical wastes

that are autoclaved may require more landfill space than if incinerated. Other environmental

impacts associated with landfilling of autoclaved medical wastes include landfill gas emissions,

landfill leachate issues, and impacts ofwaste transportation traffic. Exh. 1 at unnumbered p. 3.

Summary of Proposed Revisions. Mr. Nwaji stated that emission limits under the 2009

NSPS/EG standards are far more stringent than the 1997 NSPSIEG standards, and that most of

the HMIWI units nationwide (including units located in Illinois) would need to improve

performance in order to comply with amended standards. The CAA requires that the standards

under an approvable SIP be at least as protective as those under the promulgated emissions
6

guidelines. Mr. Nwaji stated that the proposed revisions to Part 229 "are deemed equivalent in

stringency to the amended standards under the 2009 NSPS/EG standards." Exh. I at

unnumbered p. 3-4.

Mr. Nwaji said that the proposed emissions limits apply at all times, including during

periods ofstartup, shutdown and malfunction (SSM). Since the regulatory exemption provision

in the 1997 NSPS/EG standards that allowed facilities under MACT programs to exceed

emission limits during periods of SSM was vacated in 2008 by the D. C. appellate court, that

provision is deleted from the rules in the proposed revisions to Part 229. Exh. I at unnumbered

p.4.

Also deleted from the rules in the proposed revisions are percent reduction limits for

hydrogen chloride, lead, cadmium, and mercury. Because the approach used in determining

percent reduction limits for these pollutants under the 1997 NSPS/EG standards did not account

for nontechnology factors that also affect emissions from HMIWI, the use of percent reduction

limit as an option for compliance demonstration was deleted from the 2009 NSPS/EG standards.

Exh. I at unnumbered p. 4.

Emissions from HMIWlunits depend greatly on the materials that are combusted.

Enhanced waste management practices such as waste segregation at the point of generation,

purchasing ofrecycled or recyclable products, and good combustion control practices are

effective pretreatment strategies for reducing emissions of certain target pollutants.

Occupational Safety and Health Administration (OSHA) requirements preclude commercial

HMIWI operators from segregating medical waste received from client waste generators for

treatment. Taking into account the elTectiveness ofwaste segregation as a pretreatment strategy,

the proposed revisions include a requirement that commercial HMIWI operators provide training

and education in waste management practices, and ensure that each client develops its own waste

management plan that includes elements such as waste segregation and purchasing ofrecycled or

recyclable products, among others. Exh. I at unnumbered p. 3-4.

The proposed revisions include additional stack testing requirements, and a provision that

would allow for the use of previous testes) results for initial compliance demonstration if certain

criteria are met. Also included is the provision that would allow HMIWI operators to forego

required annual testes) for the subsequent two years if all three annual testes) over a three-year

period indicate compliance with the applicable limits for particulate matter, carbon monoxide, or

hydrogen chloride. The proposed revisions also include the requirements for a one-time visible

emissions test of ash handling operations, and annual equipment and air pollution control

device(s) inspections. Exh. I at unnumbered p. 4.

Finally, the proposed revisions include a provision for a phased schedule for compliance

with the amended emission limits. The phased schedule is provided to enable HMIWI operators

that may need to install and/or modify equipment in order to demonstrate compliance with the

amended emission limits. Exh. I at unnumbered p. 4.
7

Affected Sources. Mr. Nwaji stated that there are two known existing f-1MIWI units in

operation in Illinois that arc subject to Part 229 requirements. The two units are both categorized

as large based on waste charging capacity,and are commercially operated by StericycIe, Inc

CStericycle"), at its Clinton facility. Exh. I at unnumbered p. 4. StericycIe is a major provider

of medical waste management services. In addition to its use of incineration to treat medical

waste, StericycIe also uses other alternative treatment methods such as its proprietary ElectroThermal Deactivation and autocIaving to process waste at its other facilities outside the state. Id.

at unnumbered p. 4-5.

Cost and Economic Impacts. According to Mr. Nwaji, under the existing Part 229

standards, an initial performance test (for all target pollutants) and subsequent annual tests (for 3

ofthe target pollutants) are required for compliance demonstration. Based on the results of past

performance tests, Mr. Nwaji stated that neither ofthe two known f-1MIWlunits (as configured)

meet all the emission limits for the target pollutants in the proposed revisions. In other words,

the 2 StericycIe HMIWI units at the Clinton facility would need to improve performance by

installing control systems, adding incremental controls, using any ofthe alternatives to

compliance, or some combination of these measures to meet the proposed standards. Exh. 1 at

unnumbered p. 4.

Mr. Nwaji's analysis of USEPA's data developed for the 2009 NSPS/EG standards

rulemaking shows an estimated total capital cost to Stericycle for compliance with the proposed

revisions of approximately $2.3 million for the 2 HMIWI units. He estimates that the total

annual cost of compliance as approximately $700,000. Mr. Nwaji commented that autocIaving

followed by landfllling is considered a viable alternative to incineration. Ifthis alternative

disposal option is used by Stericycle, Mr. Nwaji estimated Stericycle's compliance costs for the

2 f-1MIWI units to be a total capital cost of approximately $981,000, and a total annual cost of

approximately $526,000. Exh. I at unnumbered p. 5.

Mr. Nwaji stated that, based on the analysis of data used in developing the 2009

NSPSIEG standards on which the proposed revisions to Part 229 are based, it is not expected that

the incremental costs of compliance will significantly impact commercial operators and waste

generators, whether the costs are absorbed or passed on to customers. The additional costs,

imposed by the proposed revisions both to commercial operators and waste generators, will

accelerate the trend towards alternative waste treatment options such as autoclaving. For the

waste generators, the additional costs serve as incentive to implement enhanced waste

management practices such as waste segregation to reduce cost of disposing their waste by

minimizing the amount ofwaste sent offsite for treatment. For the commercial operator(such as

StericycIe), it is expected that this will translate to a decline in the quantity ofmedical waste

received for treatment, as well as declines in treatment costs, incineration revenues, and profits.

Exh. I at unnumbered p. 5.

Mr. Nwaji concluded that, in developing the proposed revisions to Part 229,IEPA

reviewed and relied upon the documents detailing results of USEPA's analyses of data used in

developing the 2009 NSPS/EG standards on which the proposal is based. In Mr. Nwaji's
8

opinion, the proposal to amend the existing Part 229 standards is both technically and

economically feasible. Exh. 1 at unnumbered p. 4.

Answers to Ouestions Deferred at Hearing. Questions concerning Mr. Nwaji's

testimony (Exh. 1) and the Agency's Answers to Questions and the Agency's First Errata Sheet

(Exh. 3) were posed in a June 3, 20]] hearing officer order, entered into the record as Exh. 6.

Many ofthese questions asked whether particular technical revisions to rule text (but not

compliance dates) would be acceptable to the Agency. Mr. Matoesian stated that the IEPA was

not prepared to respond at that time, but that IEPA would attempt to provide written answers on

June 13,2011. Tr. at 18,23. These answers would then be further addressed at the second

hearing on June 28, 201 I, if necessary.

Answers and Second Errata Sheet. On June 13,2011, the Agency filed the promised

answers to questions in Exhibit 6 in the filing entitled "1!!inois EPA Answers and Second Errata

to Questions Regarding Hospital/Medical/Infectious Waste Incinerators". These changes were

technical changes to cross-references, addresses for obtaining materials incorporated by

reference, and the like. The largest change is inclusion oftext concerning HWIMI shutdown in

Section229.1 I6(c) similar to that in the USEPA rules.

Testimony of Stericycle's Selin Hoboy

After the Agency's presentation, Stericycle's Selin Hoboy presented a short statement.

Ms. Hoboy did not present the text of the two previous Stericycle prefiled statements; these were

entered into the record as Exhibits 3 & 4. Ms. Hoboy stated that Stericycle was present at

hearing "to add comments to our prefiled testimony." Tr. 13. These prefiled statements will be

summarized below, prior to summary ofthe balance of Ms. Hoboy's oral testimony.

Stericvcle's February 22, 2011 Filing. In its initial filing, Stericycle explained that

Stericycle is headquartered in Lake Forest, Illinois. Stericycle is a publicly traded company

(SRCL) which employs over 5000 people in the United States and over 8000 worldwide.

Sterieycle is the leading provider of compliant healthcare waste services to over 400,000

customers, including local health departments and public facilities. Within 1!!inois, Stericycle

employs approximately 600 employees with I treatment facility in Clinton, 2 corporate function

facilities in the Chicago area, and 2 transportation facilities. Currently Stericycle operates 6

incineration treatment locations operating 8 incinerator units throughout the U.S., including the

Clinton facility. Ex. 3, p. ].

Stericycle stated that it acknowledges that it is subject to the Part 229 rules, and that the

Agency-proposed amendments to the rules are necessary under the CAA. Stericycle's sole

concern was about the compliance schedule as proposed: i.e. January 1,2014 ultimate

compliance date and interim dates:

Section 229.115 Compliance Schedules for HMIWIs That Will Continue to Operate

ill On and after Jauuary L 20 ]4, each owner or operator of an HMIWI. as defined in

Section 229.1 ]0 (a)(l) or (a)(2) ofthis Pal1, and subject to the emissions limits under
9

Section 229.125(c) or (e) of this PaIi, as applicable, or Section 229.126(c) ofthis

PaIi, shall comply with the applicable provisions ofthis PaIi according to the

following schedules:

12 Except as provided in paragraph (2) ofthis subsection and unless

another date is specified in the provisions ofthis Part, all owners or

operators ofHMIWls shall comply with all ofthe provisions ofthis

Part by January 1, 2014.

;u Except as provided in paragraph (3) of this subsection, the owner or

operator of an HMIWl may have until October 6, 2014, to comply

with this Part. To avail themselves ofthis extended compliance

timeframe, the owner or operator of an HMIWI shall do all of the

following:

A) Submit its CAAPP application to the Agency, on or before

January 1, 2013, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) of the Act. [415 ILCS

5/39,5(5)(d)]. This compliance schedule shall include

documentation supporting the need for an extension, a final

control plan for the HMIWl and incremental steps to be taken

toward compliance with this Part that, at a minimum, meet the

increments of progress specified in subsection (b)(2)(B) of

this Section;

ill Meet the following increments of progress by the dates

indicated:

D Finalize all contracts for the purchase of either

pollution control equipment, process modification or

control systems by July 1, 2011;

ill Commence the implementation of eitherthe process

modifications or the necessary construction or

installation of air pollution control devices for the

HMIWI by April 1, 2012;

ilil. Complete either the process modifications or the

installation or construction onhe new air pollution c

control equipment by January 1. 2013;

iY2 Perform initial startup ofthe retrofitted HMIWI by

July 1, 2013; and

v) Complete the initial performance test in accordance

with Section 229.142 ofthis Part within 180 days after
10

initial startup. Exh.3 at 2-3, citing lEPA 12/23/10

proposal.

Stericycle proposed an alternate schedule below that identifies a final compliance date of

August 1,2014 (Exh. 3 at 4):

Increments of progress Stericycle Proposed Date

i) Finalize all contracts for the purchase of either pollution August I, 2012

control equipment, process modification or control systems

ii) Commence the implementation of either the process March 1,2013

modifications or the necessary construction or installation of air

pollution control devices for the HMIWI

iii) Complete either the process modifications or the installation September I, 2013

or construction of the new air pollution control

Exh. 4 at 2.

Stericycle articulated five concerns, which it believed were met by its alternate proposal:

1. The time required to perform the requisite retrofit activities at the Clinton facility as outlined

in the alternate schedule. The new HMIWI regulations will require very significant reductions in

emissions from medical waste incinerators. U.S. EPA's new limits are so stringent that there is

not an existing commercial HMlWI in operation anywhere in the U.S. that has demonstrated the

ability to meet all ofthe new emission standards. As such, substantial air pollution control

equipment changes and data acquisition system improvements/changes are going to be required

at all HMIWI to comply with the new emission limits.

2. U.S. EPA identified three different air pollution control (APC) systems that would be

employed to meet the new emission limits. Most HMIWI are currently equipped with some

variation ofthese three systems; however, equipment upgrades, improvements, reconfiguration,

etc. will still be required for these systems to reliably and consistently comply with the new

limits. U.S. EPA acknowledges this fact and further encourages States to adopt the full

implementation schedule in the preamble to the rule as follows:

"The proposed amendments... would allow existing HMIWI to demonstrate compliance

with the amended standards within 3 years from the date of approval of a State plan or 5

years after promulgation ofthe revised standards, whichever is earlier. Consistent with

CAA (Clean Air Act] section 129, EPA expects states to require compliance as

expeditiously as practicable. However, because we believe that many HMIWI will

find it necessary to retrofit existing emission control eqnipment and/or install

additional emission control eqnipment in order to meet the proposed revised limits,

EPA anticipates that States may choose to provide the maximum compliance period

allowed by eAA section 129(1)(2). (emphasis added). Federal Register / Vol. 73, No.

231 /Monday, December 1,2008, Page 72974.

3. The time required to develop and to submit the construction permit application for the retrofit

activities and then adequate time to allow IEPA to review the application and issue the resulting
I I

air permit must be accouuted for. There are tasks beyoud Stericycle's control that will have au

impact ou the implementation schedule, and the feasibility of meeting the time frames,

Specifically, the administrators of the State Plaus (such as IEPA) will ueed time to review aud

approve desigus and construction plaus/pennit applications, as well as test results, lu addition,

the public will have an opportuuity for review and commeu!. Stericycle recoguizes that ccrtaiu

construction/retrofit activities may not be started without the requisite agency approvals and/or

permits, Based on Stericycle's past experience with implementation of the 1997 HMIWI Rule,

the time required for these events to occur will be significant, regardless of how quickly the

actual work to install the upgrades is accomplished, The January 1,2014 deadline is insufficieut

time to allow for these events, aud the upgrade work, to occur.

4, The anticipated shortage of external engineering and air pollution control vendors and the

extended delivery times due to a drain on these industries associated with U.S. EPA regulatory

deadlines including the HMIWI regulations aud Boiler MACT. The HMIWI iudustry will be

competing for engineering and air pollution control resources with other iudustrial sectors that

will influence the availability and lead time for equipment aud services. Other Federal air quality

rules (e,g., Boiler MACT/CISWI) have similar compliance schedules and will put a significant

demand on engineering and APC resources. The large industrial sectors impacted by those rules

(e.g. utilities, industrial manufacturing sources) have a larger market share and "buying power"

than the HMIWI sector, and Stericycle may be pushed to "the back ofthe pack" when attempting

to contract for these resources.

5. The time required to efficieutly plan and stage the equipment and personnel to retrofit eight

(8) HMIWI across the U.S. while maintainiug the ability to service Stericycle customers.

6. Any individual improvements made to an HMIWI APC to positively impact the emissious of

one pollutant, may actually have an opposite effect and uegatively impact the emissions of

another pollutau!. As such, an appropriate implementation schedule is not only necessary to

upgrade/iustall/improve the APC systems as a whole, but to evaluate the performance ofthese

systems and ensure reliable, consistent compliance with all ofthe emission limits.

The APC evaluation will require pre-testing to confirm proper system operatiou and the ability to

demoustrate compliance with the uew limits. Actual testing ofthe HMIWI with retrofit APC will

iuclude scheduling a testiug company, perfonning a test, receiviug results, and possibly

re-evaluating or makiug minor system adjustments as necessary to demonstrate future

compliance. This is especially true with the very low emissiou limits associated with the new

rule. Reliable compliance with these limits will likely require a lengthy shakedown period.

As a result, Stericycle must plan for coutingency time to perform the shakedowu ofthe new

equipment at the Clintou facility in advauce of conducting the Iuitial Performauce Test. Exh. 4 at

2-6.

Stericycie's May 25, 2011 Filing. After additional conversations with IEPA, and in

response to questions contained in an April 20, 2011 hearing officer order, in a May 25, 2011

filing (Exh.5), Stericycle proposed another compliance schedule:
12

Increments of progress Stericycle Proposed Date

Stericycle will submit construction permit application January I, 2012

i) Finalize all contracts for the purchase of either pollution August I, 2012

control equipment, process modification or control systems

ii) Commence the implementation of either the process March 1,2013

modifications or the necessary construction or installation of air

pollution control devices for the HMIWI

iii) Complete either the process modifications or the installation September I, 2013

or construction ofthe new air pollution control equipment

iv) Final compliance June 21, 2014

v) Complete the initial performance test in accordance with October 6, 20 I4

Section 229,142 ofthis Part

Exh, 5 at 2, fn, omitted

Ms, Hoboy's testimony, Ms, Hoboy stated that Stericycle had reviewed the proposed

amendments, and worked with IEPA to review alternative time frames and dates for

demonstrating compliance, Ms, Hoboy then read from the agreed upon changes to the rules

memorialized in Exhibit 2, Tr, at 13-16, To allow for an easy comparison, this information has

been entered below into a table ofthe sort earlier prepared by Stericycle:

Increments of progress Agreed Compliance Date

No Later Than

i) Finalize all contracts for the purchase of either pollution August 1,2012

control equipment, process modification and control systems

ii) Commence the implementation of either the process March 1,2013

modifications or the necessary construction or installation of air

pollution control devices for the HM1Wl

iii) Complete either the process modifications or the installation September 1, 2013

or construction ofthe new air pollution control equipment

iv) Achieve final compliance which includes incorporating all June 1,2014

process changes, and/or completing retrofit construction as

described in the final control plan connecting the air pollution

control equipment or process changes such that the unit is brought

online and ensuring that all necessary process changes and air

pollution control equipment are operating properly

v) Complete the initial performance test in accordance with October 6, 2014

Section 229.142 ofthis Part

vi) Submit the results ofthe initial performance test and revised 60-days following initial performance

waste management plans to IEPA tests

vii) Submit notification to 1EPA within 10 business days of Various

completing or failing to complete i)-v) above

In response to questions by Board staff, Ms, Hoboy agreed that the milestone date ofJanuary I,

2012 in Section 229, 115(b)(2)(A) was agreeable to Stericycle, Tr, at 17, and that Stericycle would do

everything in its power to comply with the agreed-upon dates, Tr, at 20,
13

Motion for Expedited Review

In support of its December 23, 2011 motion for expedited review (MER) of this

rulemaking, !EPA explained that the proposal seeks to establish standards consistent with those

established by the United States Environmental Protection Agency (USEPA). MER at 1.

USEPA adopted its "Standards of Performance for New Stationary Sources and Emissions

Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators" at 74 Fed.

Reg. 51368 (Oct. 6, 2009). States were required to have State Implementation Plans (SIP)

revisions with the new incinerator rules filed within a year ofthe date of USEPA promulgation

of the new rules, i.e. by October 6,2010. IEPA did not complete drafting of amendments

"because of other commitments, and strained resources". MER at I.

Section I29(b)(3) ofthe Clean Air Act requires USEPA to develop a Federal

Implementation Plan (FIP) within two years of federal rule promulgation i.e. by October 6,2011.

IEPA says that Illinois can still avoid a FIP, if Illinois submits the SIP revision by October 6,

20 II. MER at 2. The motion did not specify what actions IEPA would like the Board to take to

expedite the proceeding (such as the usual request for a non-substantive first notice and

immediate hearing).

No responses were filed in response to this motion, and no objections to it were lodged at

the June 8, 2011 hearing.

DISCUSSION

The Board grants the motion for expedited review, by ordering first notice publication of

the rules in the order below. The first notice proposal consists ofthe Agency's original proposal,

as amended by the May 25, 2011 and June 13,2011 errata sheets, and the agreed-upon

compliance dates presented at the June 8, 2011 hearing. The first notice proposal also reflects

editorial changes to the Agency's proposal by the Board at 229.116(a)(2), (b) and (c), on which

the Agency is encouraged to comment.

The record developed to date demonstrates that Illinois must timely adopt more stringent

rules to regulate HMIWI consistent with USEPA rules. Stericyle agrees that the rules must be

amended, and agrees that the compliance dates as amended during the course of this proceeding

are achievable. The undisputed economic data placed in the record to date indicates that the

economic impacts ofthese rule amendments emanate from the CAA and USEPA rules they

mirror. The Board accordingly finds that this record (as developed to date) demonstrates, within

the meaning of Section 27(b) ofthe Act that there is no "adverse economic impact on the People

ofthe State of Illinois."

Following the close ofthe short post-hearing comment period following the second

hearing on June 28, 2011, the Board will issue its second notice opinion and order summarizing
14

the hearing testimony and post-hearing comments, and making any amendments justified by the

record.

ORDER

The Board directs the Clerk to cause the publication ofthe following rule for first notice

in the Illinois Register. New language is indicated by underlining, and language to be deleted by

strike-through.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY

SOURCES

PART 229

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

SUBPART A: GENERAL PROVISIONS

Section

229.100

229.102

229.1 04

Section

229.110

229.112

Section

229.115

229.116

Section

229.120

Abbreviations

Definitions

Incorporations by Reference

SUBPART B: APPLICABILITY

General Applicability

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Compliance Schedules for HMIWIs That Will Continue to Operate

Compliance Schedules for HMIWIs That Will Shut Down

SUBPART D: CAAPP PERMIT REQUIREMENTS

CAAPP Pennit Requirements

SUBPART E: EMISSIONS, LIMITS
Section

229.125

229.126

Section

229.130

15

Emission~ Limits for Small, Medium, and Large HM1Wls

Emissiol1~ Limits for Rural HMIWls

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed)

Operation During Periods of Startup, Shutdown, or Malfunction (Repealed)

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Section

229.142

229.144

229.146

229.148

229.150

229.152

229.154

229.156

229.158

229.160

229.162

229.164

Section

229.166

229.168

Section

229.170

229.172

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Performance Testing and Establishment of Operating Parameters for All

HMIW1s

Subsequent Performance Testing for All HM1WIs

Annual Testing for Opacity

Annual Performance Testing for All Small, Meaium afla Large HMIWIs

Compliance with Operating Parameter Values

Compliance Requirements for HMIWIs Using CEMS

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric Filter

Violations by HMIWIs Equipped with a Wet Scrubber

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric Filter

and a Wet Scrubber

Compliance Requirements for Rural HMIWIs

Inspection Requirements for All Rufal HM1WIs

Optional Performance Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for All :>;malI, Meaitlm, afla Large HMIWIs

Monitoring Requirements for Rural HMIWls

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Operator Training and Qualification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWIs
16

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section

229.176

229. I 78

229.181

Section

229.182

229.184

Waste Management Plan Requirements for Hospitals Using On-Site Incinerators

Waste Management Plan Requirements for Hospitals Transporting Waste Off-Site

to an HMlWl Waste Management Requirements for Commercial HMlWIs

Aeeepting Waste Generatea Off Site

Waste Management Plan Requirements for Other HMIWls

SUBPART 1,: RECORDKEEPING AND REPORTING REQUIREMENTS

Recordkeeping Requirements

Reporting Requirements

Appendix A Toxic Equivalency (TEQ) Factors

Appendix B Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Appendix C Reference Test Methods and Procedures for Perfonnance Tests

AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe

Environmental Protection Act (415 ILCS 5/10,27,39 and 39.5)

SOURCE: Adopted at 23 Ill. Reg. 6477, effective May 15, 1999; amended in RII-20 at 35 Ill.

Reg. , effective _

SUBPART A: GENERAL PROVISIONS

Section 229.100 Abbreviations

The following abbreviations have been used in this part:

Act

Agency

Board

Btu

CAAPP

Cd

CEMS

CO

4sef

E!sem

fl'

IIIinois Environmental Protection Act [415 ILCS 5]

Illinois Environmental Protection Agency

IIIinois Pollution Control Board

British thermal units

Clean Air Act Permit Program [415 lLCS 5/39.5]

Cadmium

Continuous Emissions Monitoring System

Carbon monoxide

dry standard eubie foot

dry standard eubie meter

eubie feet
gr/IOJ dscf

gr/I oy dscf

gr/dscf

HCI

Hg

I-IMIWI

hr

Ib(s)

mg/dscm

mg

ng/dscm

NO,

Pb

PM

ppmv

S02

TEQ

USEPA

17

grains per thousand dry standard cubic feet

grains per billion dry standard cubic feet

grains per dry standard cubic foot

Hydrogen cbloride

Mercury

Hospital/Medical/Infectious Waste Incinerator

hour

pound(s)

milligrams per dry standard cubic meter

milligrams

nanograms per dry standard cubic meter

Nitrogen Oxide

Lead

Particulate matter

parts per million by volume

Sulfur dioxide

Toxic equivalent equivalen6y

United States Environmental Protection Agency

(Source: Amended at 35 III. Reg.o , effective -'

Section 229.102 Definitions

The definitions contained in this Section apply only to the provisions ofthis Part. Unless

otherwise defined herein and unless a different meaning of a tenn is clear from its context, the

definitions ofterms used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35 III. Adm. Code 20] .102 or 35 Ill. Adm. Code 211.

"Bag leak detection system" means an instrument that is capable of monitoring PM

loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak

detection system includes, but is not limited to, an instrument that operates on

triboelectric, lightscattering. light-transmittance, or other effects to monitor relative PM

loadings.

"Batch HMIW!" means an HMIWI that is designed in such a way that neither waste

charging nor ash removal can occur during combustion.

"Biologicals" means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating

humans or animals or in research pertaining thereto.

"Body fluids" means liquid emanating or derived from humans and limited to: blood;

dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids;

semen and vaginal secretions.
18

"Bypass stack" means an alternative stack used for discharging combustion gases to the

atmosphere primarily to avoid severe damage to an air pollution control device or other

equipment.

"Charge" means the act of placing waste into an HMIWI for incineration.

"Chemotherapeutic waste" means waste material resulting from the production or use of

antineoplastic agents used for the purpose ofstopping or reversing the growth of

malignant cells.

"Co-fired combustor" means a unit combusting hospital waste or medical!infectious

waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an

enforceable requirement limiting the unit to combusting a fuel feed stream, of which 10

percent or less of the weight is comprised, in aggregate, of hospital waste and

medical/infectious waste as measured on a calendar quarter basis. For purposes of this

definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste

are considered "other" wastes when calculating the percentage of hospital waste and

medicallinfeetious waste combusted.

"Commercial HMIWI" means an HMIWI which offers ineineration services for

hospital!medical! infectious waste generated offsite by firms unrelated to the firnl that

owns the HMIWI.

"Continuous emission monitoring system" or "CEMS" means a monitoring system for

continuously measuring and recording the emissions of a pollutant from an affected

facility.

"Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash

removal during combustion.

"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23,

incorporated by reference in Section 229.l04(d) ofthis Subpart.

"Dry scrubber" means an add-on air pollution control system that injects dry alkaline

sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and

neutralize acid gases in an HMIWI exhaust stream, forming a dry powder material.

"Fabric filter" means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing flue gas through filter bags.

"Facilities manager" means the individual in charge ofpurchasing, maintaining, and

operating an HMIWI, or the owner's or operator's representative responsible for the
19

management of an HMIWI. Alternative titles may include director offacilities or vice

president ofsupport services.

"High air phase" means the stage ofthe batch operating cycle when the primary chamber

reaches and maintains maximum operating temperatures.

"Hospital" means any facility that has an organized medical staff, maintaining at least 6

inpatient beds and where the primary function of the facility is to provide diagnostic and

therapeutic patient services and continuous nursing care primarily to human inpatients

who are not related and who stay on average in excess of 24 hours per admission. This

definition does not include facilities maintained for the sole purpose of providing nursing

or convalescent care to human patients who generally are not acutely ill but who require

continuing medical supervision.

"Hospitallmedicallinfectious waste incinerator" or "HMIWI" means any device that

combusts any amount of hospital waste or medical/infectious waste.

"Hospital waste" means discards generated at a hospital, except unused items returned to

the manufacturer. The definition of hospital waste does not include human corpses,

remains, or anatomical parts that are intended for interment or cremation.

"HMIWI operator" means any person who operates, controls, or supervises the day-today operation of an HMIWI.

"Infectious agent" means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable of causing disease or

adverse health impacts in humans.

"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

"Large HMIWI" means:

An HMIWI whose maximum design waste burning capacity is more than 500 lbs

per hour; or

A continuous or intermittent HMIWI whose maximum charge rate is more than

500 lbs per hour; or

A batch HMIWI whose maximum charge rate is more than 4,000 lbs per day.

"Low-level radioactive waste" means waste that contains radioactive nuclides emitting

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed

applicable Federal or State standards for unrestricted release. Low-level radioactive
20

waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as

defined by the Atomic Energy Act of 1954 (42 U.S.c. 2014(e)(2)).

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, process equipment, or of a process to operate in a nom1al

or usual manner. Failures that are caused, in part, by poor maintenance or careless

operation are not malfunctions.

"Maximum charge rate" means:

For continuous and intermittent HMIWI, 110 percent ofthe lowest 3-hour average

charge rate measured during the most recent performance test demonstrating

compliance with all applicable emission limits specified in Subpart E of this Part.

For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E ofthis Pali.

"Maximum design waste burning capacity" means:

For intermittent and continuous HMIWI:

C=Pv x 15,000/8,500

Where:

C

Pv

15,000 =

8,500 =

HMIWI capacity, Iblhr

primary chamber volume, fe

primary chamber heat release rate factor, Btu/ft3/hr

standard waste heating value, Btu/lb;

For batch HMIWI:

C=Pv x 4.5/8

Where:

C

Pv

4.5

8

HMIWI capacity, Iblhr

primary chamber volume, ft3

waste density factor, lb/ft3

=typical hours of operation of a batch HMIWI, hours.

"Maximum fabric filter inlet temperature" means 110 percent ofthe lowest 3-hour

average temperature at the inlet to the fabric filter (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable dioxinlfuran emission limit specified in Subpart E ofthis Part.
21

"Maximum flue gas temperature" means I 10 percent ofthe lowest 3-hour average

temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable Hg emission limit specified in Subpart E of this Part.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or

immunization of human beings or animals, in research pertaining thereto, or in the

production or testing of biologicals. The definition of medical/infectious waste does not

include hazardous waste identified or listed under the regulations in 40 CFR 261;

household waste, as defined in 40 CFR 261.4(b)(I); and domestic sewage materials

identified in 40 CFR 261.4(a)(I). For the purposes ofthis Part, medical/infectious waste

includes:

Cultures and stocks of infectious agents and associated biologicals, including:

vaccines and cultures intended for use in diagnosing, immunizing, or treating

humans or animals; cultures from medical and pathological laboratories; cultures

and stocks of infcctious agents from research and industrial laboratories; wastes

from the production of biologicals; and discarded live and attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and body

fluids that are removed during surgery or autopsy, or other medical procedures,

and specimens of body fluids and their containers;

Human blood, any products derived from human blood, or anything that has been

in contact with human blood in any form;

Intravenous bags and associated tubing;

Sharps that have been used in animal or human patient care or treatment or in

medical, research, or industrial laboratories, including hypodermic needles,

syringes (with or without the attached needle), pasteur pipettes, scalpel blades,

blood vials, and needles with attached tubing;

Culture dishes, regardless ofthe presence of infectious agents, and culture dishes

and devices used to transfer, inoculate, and mix cultures;

Any type of broken or unbroken glassware that has been in contact with infectious

agents;

Animal waste, including contaminated animal carcasses, body parts, bedding of

animals that were known to have been exposed to infectious agents during

research (including research in veterinary hospitals), production of biologicals or

testing of pharmaceuticals;
22

Isolation wastes, including biological waste and discarded materials contaminated

with blood, excretions, exudates, or secretions from humans who are isolated to

protect others from highly communicable diseases, or isolated animals known to

be infected with highly communicable diseases; and

Unused sharps, including the following unused, discarded sharps: hypodermic

needles, suture needles, syringes, and scalpel blades.

"Medium HMIWI" means:

An HMIWI whose maximum design waste burning capacity is more than 200 Ibs

per hour but less than or equal to 500 Ibs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is more than 200 lbs per hour but less than or equal to 500 Ibs per hour; or

A batch HMIWI whose maximum charge rate, as set by permit, is more than

1,600 Ibs per day but less than or equal to 4,000 Ibs per day.

"Minimum dioxin/furan sorbent flow rate" means 90 percent ofthe highest 3-hour

average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured

during the most recent perfonnance test demonstrating compliance with the applicable

dioxin/furan emission limit specified in Subpart E ofthis Part.

"Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour average Hg

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent perfonnance test demonstrating compliance with the applicable Hg emission limit

specified in Subpart E ofthis Part.

"Minimum HCl sorbent flow rate" means 90 percent ofthe highest 3-hour average HCl

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable HCI emission limit

specified in Subpart E ofthis Part.

"Minimum horsepower" or "minimum amperage" means 90 percent of the highest 3-hour

average horsepower or amperage to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent perfonnance test demonstrating compliance

with the applicable emission limits specified in Subpart E ofthis Part.

"Minimum pressure drop across the wet scrubber" means 90 percent of the highest 3-

hour average pressure drop across the wet scrubber PM control device (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating compliance with the applicable PM emission limit specified in this

Subpart E ofthis Part.
23

"Minimum reagent flow rate" means 90 percent of the highest 3-hour average reagent

flow rate at the inlet to the selective noncatalytic reduction technology (taken. at a

minimum. once every minute) measured during the most recent performance test

demonstrating compliance with the applicable NOx emissions limit specified in Subpart

E ofthis Part.

"Minimum scrubber liquor flow rate" means 90 percent ofthe highest 3-hour average

liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable emission limits specified in Subpart E of this Part.

"Minimum scrubber liquor pH" means 90 percent ofthe highest 3-hour average liquor

pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured

during the most recent performance test demonstrating compliance with the applicable

HCI emission limit specified in Subpart E of this Part.

"Minimum secondary chamber temperature" means 90 percent ofthe highest 3-hour

average secondary chamber temperature (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

PM, CO, dioxin/furan, and applicable NOx emissions limits specified in Subpart E of

this Part.

"MiHimum seeaRdary ehamber temperattlfe" meaRS 90 pereent afthe highest 3 hour

average seeoHdary ehamber temperature (takeH, at a miHimum, OHee every miHute)

measured duriHg the most recent performaHce test demoHstratiRg compliaHce with the

applicable PM, CO, aHd diOJ(iR/furaH emissioR limits specified iR Subpart E ofthis Part.

"Operating day" means a 24-hour period between 12:00 midnight and the following

midnight during which any amount of hospital waste or medical/infectious waste is

combusted at any time in an HMIWI.

"Operation" means any period during which waste is combusted in an HMIWI, excluding

periods of startup or shutdown.

"Pathological waste" means waste material consisting of only human or animal remains,

anatomical parts, tissue, and the bags or containers used to collect and transport the waste

material and associated animal bedding, if applicable.

"Primary chamber" means the chamber in an HMIWI that receives waste material, in

which the waste is ignited, and from which ash is removed.

"Rural HMIWI" means any HMIWI identified in Section 229.1 IO(a) ofthis Part, that is

located more than 50 miles from the boundary ofthe nearest Standard Metropolitan
24

Statistical Area, as defined in OMB Bulletin No. 93-17, incorporated by reference at

Section 229.1 04(b) ofthis Part, meets the criteria specified in the definition of "small

HMIWI" and burns less than 2,000 Ibs per week of hospital waste and medical/infectious

waste (except the 2,000 1bs per week limitation does not apply during performance

testing).

"Secondary chamber" means that component of an HMIWI that receives combustion

gases from the primary chamber and in which the combustion process is completed.

"Shutdown" means the period oftime after all waste has been combusted in the primary

chamber.

"Small HMIWI" means:

An HMIWI whose maximum design waste burning capacity is less than or equal

to 200 lbs per hour; or

A continuous or intennittent HMIWI whose maximum charge rate, as set by

permit, is less than or equal to 200 Ibs per hour; or

A batch HMIWI, whose maximum charge rate, as set by permit, is less than or

equal to 1,600 lbs per day.

"Startup" means the period oftime between the activation of an HMIWI and the first

charge of waste to the unit. For batch HMIWI, startup means the period oftime between

activation of an HMIWI and ignition ofthe waste.

"Wet scrubber" means an add-on air pollution control device that utilizes either an

alkaline or some other type of scrubbing liquor to collect pollutants and/or neutralize acid

gases.

(Source: Amended at 35 Ill. Reg. , effective )

Section 229.104 Incorporations by Reference

The following materials are incorporated in this Part by reference. These incorporations by

reference do not includc any later amendments or editions.

a) "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities,"

American Society for Healthcare Environmental Services, 840 North Lake Shore

Drive, Chicago, Illinois, 60611 (1993).

b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No.

93-17, Office of Management and Budget, Washington, D.C. (June 30, 1993).
25

Office of Management and Budget, National Technical Information Services,

5285 Port Royal Road, Springfield, VA 72161. (703) 487-4600.

c) 40 CFR 60.8.

d) 40 CFR 60, Appendix A, Methods 1,2,3, 3A, 5, 9, 10, lOB, 23, 26, 26A, 29.

e) 40 CFR 60, Appendices Band F.

:D 40 CFR Appendix A, Methods 38. 6. 6C, 7, 7E, 22 (2010).

gl 40 CFR 60, subpart Ce and Ec (2010).

hl ANSIIASME PTCI9.1 0-1981, Flue and Gas Analyses. Wart 10, Instruments and

Apparatus). American National Standards Institute (ANSI), Attn: Customer

Service Department, 25 West 43rd Street, 4th Floor, New York. NY 10036. (212)

642-4980.

il ASTM 06784-02, Standard Test Method for Elemental, Oxidized, Particle-Bound

and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources

(Ontario Hydro Method). American Society for Testing and Materials (ASTM),

100 Barr Harbor Drive, PO Box C70, West Conshohocken, PA 19428-2959.

(610) 832-9585.

j} "Fabric Filter Bag Leak Detection Guidanee", U.S. Environmental Protection

Agency. (EPA-454/R-98-015, September 1997). Superintendent of Doeuments,

U.S. Government Printing Office (GPO), P979050, St. Louis, MO 63197-9000.

(Source: Amended at 35 Ill. Reg. , effective )

SUBPART B: APPLICABILITY

Section 229.110 General Applicability

a) Except as provided for in subsections (b), (c), (d) and (e) ofthis Section and

Section 229.112 ofthis Subpart, this Part applies to all HMIWls for which:

.u Construction commenced either on or before June 20, 1996, or

modification was commenced either on or before March 16, 1998: or

22 Construction commenced either after June 20, 1996 but no later than

December I, 2008, or for which modification is commenced after March

16, 1998 but no later than April 6, 2010.
26

+his Part applies to all HMI\liIs for which construetion commenced either on or

before June 20, 1996, e)(cept as provided for in subsections (b), (e), (d) and (e) of

this Section and Seetion229.112 oftlli:; Subflart.

b) An HMIWI otherwise subject to the emission limits in this Part is only subject to

the recordkeeping requirements set forth in Section 229.182(b), (I) and (g) ofthis

Part during those periods when it eombusts only pathological waste, low-level

radioactive waste, or chemotherapeutic waste, provided the owner or operator of

the HMIWI notifies the Agency of its intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.1 15(b)(I), Subpart D ofthis Part, or Section 39.5 ofthe Act.

c) An HMIWI that combusts only pathological waste, low-level radioactive waste,

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in Section:; 229.J82(c), (I) and (g) ofthis Part, provided that the owner or

operator of an HMIWI provides, by December 15, 1999, both the Agency and the

USEPA with a written certification of its status as an HMIWI burning only the

wastes listed in this subsection.

d) A co-fired combustor is subject only to the rccordkeeping requirements set fmih

in Sections 229.1 82(d), (I) and (g) ofthis Part, provided that the owner or

operator ofthe combustor is subject to a permit condition limiting its fuel feed

stream to co-fired combustor status, provides, by December IS, 1999, both the

Agency and USEPA with a written certification of its status as a co-fired

combustor including an estimate of the relative weight of hospital waste,

medical/infectious waste, and other fuels and/or waste combusted at the facility.

e) Any hospital that does not operate an HMIWI but that sends any of its hospital

waste or medical/infectious waste to an off-site HMIWI is subject only to the

waste management plan provisions set forth at Section 229. I78 ofthis Part.

Before January I, 2014, each owner or operator of an HMIWI. as defined in

subsection 229. 110 (a)(l) of this Section subject to the emissions limits under

Section 229.125(a) or Section 229.126(a), shall comply with all the applicable

provisions ofthis Part.

On and after January 1,2014, an HMIWI as defined in subsection 229.110 (a)(l)

of this Section is no longer subject to the emissions limits under Section

229. I25(a) or Section 229. I26(a) ofthis Part. but is subject to the emissions limits

under Section 229.125(c) or Section 229.J26(c), and shall comply with all the

applicable provisions ofthis Part.
27

ill On and after January J, 20 J4, each owncr and operator of an HMIWI as defined

in subsection 229.1 10 (a)(2) of this subpart is no longer subject to the provisions

under New Source Performance Standards for Hospital/Medical/Infectious Waste

Incinerators (40 CFR 60, Subpart Ec2- but is subject to the emissions limits under

Section 229.125(c) or Section 229.126(c), and shall comply with all the applicable

provisions of this Part

(Source: Amended at 35 Ill. Reg. , effective )

Section 229.112 Exemptions

Notwithstanding other provisions ofthis Part, the following emission units are exempt from the

requirements ofthis Part:

a) Any combustor required to have a permit under Section 3005 of the Solid Waste

Disposal Act. 42 U.S.C. 6925;

b) Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR 60;

c) Any pyrolysis unit (Le., a unit that uses endothermic gasification to treat hospital

waste or medical/infectious waste in order to render such waste harmless);

d) Any cement kiln firing hospital waste or medical/infectious waste; or

5D Any HMIWI that meets the applicability provisions for Standards of Performance

for HospitallMedical/lnfectious Waste Incinerators under Subpart Ec of 40 CFR

60,

AflY HMIWI sHl3jeet to the Standards efPel'forma.'1ccfor

Hespital/!,{ediea!/l:J/Cctieus Waste l.'1cincra:el'Sfor Which Censtructien is

CemmcnccdAjier Jh'nc 2(}, !996, cOfltaifled ifl SHbpart Ec of 40 CFR 60.50c.

(Source: Amended at 35 Ill. Reg. -', effective -')

SUBPART C: COMPLIANCE SCHEDULES

Section 229.115 Compliance Schedules for HMIWls That Will Continue to Operate

Before January 1, 2014, each owner or operator of an HMIWI, as defined in

Section 229.110 (a)( I) ofthis Part subject to the emissions limits under Section

229.125(a) or Section /29. 126(a) ofthis Part, shall comply with all the applicable

provisions ofthis Part according to the following schedules:
28

1a) Except as provided in subsection U!lW f&1 of this Section and unless

another date is specified in the provisions of this Part, all owners or

operators of HMIWls shall be in compliance with all of the provisions of

this Part by September 15, 2000.

;st.) Except as provided in subsection Will fe-) of this Section, the owner or

operator of an HMIWI may have up to September 15, 2002, to come into

compliance with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWI shall:

A+) Submit its CAAPP applicatiou to the Agency, on or before

November 15, 1999, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) of the Act, [415 ILCS 5/39.5(5)(d)].

This compliance schedule shall include documentation supporting

the need for an extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments of progress specified in

subsection (a)(2)(B) ofthis Section;

);l;6) Meet the following increments of progress by the dates indieated:

iA) Finalize all eontracts for the purehase of either pollution

control equipment, process modification or control systems

by February 29, 2000;

jiB) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by August 31, 2001;

ivf}) Perform initial startup ofthe retrofitted HMIWI by January

15,2002; and

ye) Complete the initial performance test in accordance with

Section 229.142 ofthis Part within 180 days after initial

startup.

le) Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by September IS, 2002, shall cease operation of the HMIWI

until compliance with the provisions ofthis Part is achieved.
29

:'I:tl) Notwithstanding subsection Will fl'>f ofthis Section, all owners or

operators of HMIWls shall be in full compliance with all of the HMIWI

operator provisions of Subpart J ofthis Part by September 15,2000.

ill On and after January L 2014. each owner or operator of an HMIWI. as defined in

Section 229.110 (a)( I) or (a)( 2) ofthis Part, and subject to the emissions limits

under Section 229.125(c) of this Part. as applicable. or Section 229.126(c) of this

Part. shall comply with the applicable provisions ofthis Part according to the

following schedules:

II Except as provided in subsection (2) of this Section and unless another

date is specified in the provisions ofthis Part. all owners or operators of

HMIWls shall comply with all ofthe provisions ofthis Part by January l,

2014.

;u Except as provided in subsection (b)(4) ofthis Section. the owner or

operator of an HMIWI may have until October 6.2014. to come into

compliance with the emissions limits under Section 229.125(c) or

229.126(c) of this Part. To avail themselves ofthis extended compliance

timeframe. the owner or operator of an HMIWI shall:

ill Submit its CAAPP application and construction permit to the

Agency. on or before January L 2012. requesting an extended

compliance schedule. pursuant to Section 39.5(5)(d) ofthe Act.

[415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include

documentation supporting the need for an extension. a final control

plan for the HMIWI and incremental steps to be taken toward

compliance with this Part that, at a minimum. meet the increments

of progress specified in subsection (b)(2)(B) ofthis Section;

ill. Meet the following increments of progress by the dates indicated:

il Finalize all contracts for the purchase of either pollution

control equipment. process modification or control systems

by August I. 2012;

ill Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by March I.

2013;
30

iill Complete either the process modifIcations or the

installation or construction of the new air pollution control

equipment by September 1. 2013;

iY.l Achieve final compliance. which includes incorporating all

process changes and/or completing retrofit eonstruction as

described in the final control plan. connecting the air

pollution control equipment or process changes such that

the unit is brought on line. and ensuring that all necessary

process changes and air pollution control equipment are

operating properly. no later than June 1. 7014:

y} Complete the initial perfonnance test in accordance with

Section 229.142 ofthis Part no later than October 6. 2014:

vi) Submit the results ofthe initial performance test and

revised waste management plan to the Agency no later than

60 days following the initial perfonnance test: and

vii) Submit notification to the Agency within 10 business days

of completing (or failing to complete by the applicable

date) each of the increments of progress specified in

subsection (b)(2)(8) of this Section. The notification must

be signed by the owner's or operator's representative

responsible for the management ofthe HMIWI.

11 If a petition for compliance extension is granted, the owner or operator of

an HMIWI as defined in Section 229.110 (a)(]) or (a)(2) must continue to

comply with the provisions oftheir current CAAP pennit during the

interim.

:'U Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6. 2014, shall cease operation of the HMIWI

until compliance with the provisions of this Part is achieved.

il Notwithstanding subsection (b)(2) ofthis Section, all owners or operators

of HMIWIs shall be in full compliance with all of the HMIWI operator

provisions of Subpart J ofthis Part before January 1,2014.

(Source: Amended at 35 III. Reg.. , effective )

Section 229.116 Compliance Schedules for HMIWIs That Will Shut Down
31

All owners or operators of HMIWls that intend to permanently shut down their HMIWI as a

means of complying with this Part shall:

;U Provide the Agency with written notice of their intention to permanently

shut down their HMIWI, as follows:

II On or before November 15, 1999, for an HMIWI as defined in Section

229, II 0 Ca)C I) of this Part subject to the emissions limits under Section

229.125Ca) or Section 229.126Ca) ofthis Part:

2.1 On or before January 1, )013, except as provided for in Section

229.1 16Cc), for an HMIWI as defined in Section 229.11 OCa)(2) ofthis Part

subject to the emissions limits under Section 229,125Cc), as applicable, or

Section 229. I26(c) ofthis Part.

Ql Take the following affirmative steps to demonstrate that the HMTWI has been

rendered permanently inoperable by September 15,2000, for an HMIWI as

defined in Section 229. I IO(a)CI), or by January I, 2014 for an HMTWI as defined

in Sections 229.11 0(a)(2) ofthis Part:

Previae the Agene)' ',."ith written notiee oftheir intentien to fle_anentl)' shHt

aown their HMIWI en or before Nevember 15,1999; ana

Take the following am_atiYe stefls te aemeHstrete that the HMIWI has beeH

reHaered pennaHeHtly ineperable by S8j'ltember 15, 2000:

I) Weld the primary chamber door shut;

2) Dismantle the HMTWI; or

3) Other means that reasonably demonstrate that the HMTWT is no longer

functionaL

0. Except as provided in subsection Cc)C5) of this Section, owners or operators may

have up to October 6, 2014, to shut down their HMIWls to avoid being subject to

compliance with the emissions limits under Section 229. 125Cc) or 229.126(c), To

avail themselves ofthis extended compliance timeframe, the owner or operator of

an HMTWI shall:

12 Submit their application to the Agency by July 1,2013, requesting an

extended compliance schedule, pursuant to Section 39.5(5)(d) ofthe Act,

[4 I5 ILCS 5/39.5(5)Cd)], This compliance schedule shall include

documentation of the analysis undertaken to support the need for an

extension, including an explanation of why the timeframe up to October 6,
32

2014 is sufficient while the timeframe up to Januarv L 2014 is not

sufficient. and incremental steps to be taken toward compliance with

applicable requirements ofthis Part:

2} If an onsite altemative waste treatment technology is needed to be

installed before the HMfWI is shut down, an application for compliance

extension shall include the following elements of increments of progress

and completion date for each step of progress:

Al Finalize contract with an alternative waste treatment tcchnology

vendor:

ill Initiate onsite construction or installation of alternative waste

treatment technology;

g Complete onsite construction or installation of alternative waste

treatment technology; and

D) Take the steps described under subsection (b) ofthis Section to

demonstrate that the HMIWI has been rendered permanently

inoperable,

l} If an onsite alternative waste treatment technology is not needed to be

installed before an HMIWI is shut down, an application for compliance

extension shall include a plan for shut down, The plan for shut down shall

include steps described under subsection (b) ofthis Section to demonstrate

that the HMIWI has been rendered permanently inoperable,

:'!2 If a petition for compliance extension is granted, the owner or operator of

an HMIWI as defined in Section 229, 110 (a)( Il or (a)(2) must continue to

comply with the provisions oftheir current CAAP permit during the

interim,

il Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6, 2014, shall cease operation of the HMIWI

until compliance with the provisions ofthis Part is achieved,

Q) Notwithstanding subsection (c)(I) ofthis Section, all owners or operators

ofHMIWIs shall be in full compliance with all ofthe HMIWI operator

provisions of Subpart J ofthis Part by January 1,2014,

(Source: Amended at 35 III. Reg,, , effective -'

Section 229,120 CAAPP Permit Reqnirements
33

ill All HMIWls subject to the emissions limits in this Part shall operate pursuant to a

CAAPP permit. as follows:

II By September 15,2000, for an HMIWI as defined in Section

229.110 (a)(1) ofthis Part; and

;;u By January L 2014, for an HMIWI as defined in Section 229.110 (a)(I )

or (a)(?) ofthis Part.

!il For any HMIWI subject to the emission limits in this Part that is first required to

obtain a CAAPP permit because it is subject to the emission limits in this Part, the

owner or operator shall submit a complete application for a CAAPP permit. as

follows:

II By September 15, 2000. except as provided for in Section

229.115(a)(2)(A) of this Part, for an HMIWI as defined in Section ?29.110

(a)m of this Part; or

;u By January 1,2014. except as provided for in Section 229.1 15(b)(2)(A) of

this Pati for an HMIWI as defined in Section 229.110 (a)m or (a)(2) of

this Part.

All HMIWls subject to the emissions limits in this Part shall operate pursuant to a

CAAPP pennit b)' September 15, 2000.

For any HMIWI subject to the emission limits in this Part that is first required to

obtain a CAAPP permit because it is subject to the emission limits in tllis Part,

thc owner or operator shall submit a cOlfljlIete application for a CAAPP permit by

September 15,2000, eJ[cept as provided for in Section 229.115(13)(1) ofthis Part.

c) Upon submittal of a timely and complete CAAPP application, the owner or operator

of an HMIWI shall not be in violation ofthe requirement, specified in subsection

(a) of this Section, to have a CAAPP permit, to the extent provided in Section

39.5(5)(h) ofthe Act [415 ILCS 5/39.5(5)(h)].

d) For any HMIWI that currently has a CAAPP permit, the following conditions

apply:

I) Ifthe CAAPP permit has 3 or more years remaining on the permit term,

the owner or operator of an HMIWI shall apply for revision to the CAAPP

permit to incorporate the applicable requirements ofthis Part, as follows:

on or Before NovemBer 15, 1999; or
34

Al On or before November 15, 1999, for an HMIWI as defined in

Section 229.1 10 (a)(1) of this Part. and

ill On or before January I, 2013. for an HMIWI as defined in Section

229.110 (a)(1) or (a)(2) ofthis Part; or

2) Ifthe CAAPP permit has less than 3 years remaining on the permit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal ofthe permit.

(Source: Amended at 35 111. Reg. , effective J

SUBPART E: EMISSION LIMITS

Section 229.125 Emission§. Limits for Small, Medinm, and Large HMIWIs

frlThe emission limits in this Section shall apply at all times to HMIWIs identified in Section

229.II0(a) at all times, except as provided in Section 229.11O(b) ofthis Part, and Section

229.126 ofthis Subpart and Subpart F of this Part.

!D Before January 1, 2014, each owner or operator of a small, medium, or large

HMIWI as defined in Section 229.110(a)(1) ofthis Part, shall comply with the

following emissions limits:

n:) The emissiofl limits fer small, medium, afld large HMIVlIs are as fellows:

HMlWI Emissions Limits

Pollntant Units Small Medium Large

(7% OXVQen. drv basis)

Particulate Milligrams per dry standard 115 69 34

matter cubic meter L,ngldscm) (grains (0.05) (0.03) (0.015)

per dry standard cubic foot

, (gr1els.cD2

Carbon Parts per million bv volume 40 40 40

monoxide {Domv)

Dioxins/furans Nanograms per dry standard 125 (55) 125J222 125 (55)

cubic meter total dioxins/furans or or or

(ngidsclJ1J (grains per billion.cirv. 2.3 (1.0) 2.3 0.0) 2.3 (1.0)

standard cubic feet (gr/l 09 dscf))

or Dgldsc!]1 TJ:;l2.{gJ/l 09 dscD

Hydrogen (PPJ.lLY) or percent reduction 100 or 100 or 100 or

chloride 93% 93% 93%

S.~lfur dioxide !JJm]1Y) 55 55 55

Nitro~ illmnvJ 250 250 250
35

-

oxi<;t~s

I Lead inQ:/dscrn (gUlins jJcr tQnUSi:lll(! 1.2 1.2 1·VO.52) 1- eirv standard cubic feel (gr.flft~ (0.52) or (0.52) or ill

~ci)tor perQ~nt r~du~tio.n ,,_~_ 70% __70%.__ 70% C--'-C--' f-----== ~-

)::admium fllg/dscm (gr/JO" d?,~fLQL.IL~,Icent 0.16 0.16 QJli

reductioJl (0.07) or Lo.co?) or (0.07) or

65% 65% 65%

Mercury lDg/dscfl1.J:2r/! 0-' dsef} 0IJlQ.fcent 0.55 0.55 0.55

r~.!Jction (0.24) or (0.24) or (0.24) or

85% 85% 85%

HMJWI EMISSION LIMITS

PaUutnat Yffits Small Medium

(7% oKygen, dry

00sis)

I'M mg per dsom(grains 115 (0.05) 69 (0.03) 34 (0.015) , "

GG

- 40 40 40

Dimcinsl Nanograms per 125 (55) or 125 (55) or 125 (55) or

FHraflS dsom, total 2.3 (1.0) 2.3 (1.0) 2.3 (1.0)

dioKins/fHrans

(grains per billion

dsof), or nanograms

per dsom TEQ

(grains per billion

dsef)

gg ppm\' or pereent 100 or 93% 100 er 93% 100 or 93%

redtlotion

w,. - g g g

- BG BG BG

PI3 mg per dsem 1.2 (0.52) 1.2 (0.52) 1.2 (0.52)

(grains per or 70% or 70% or 70%

thousand dsef) or ". .

G4 mg per dsem 0.16 (0.07) 0.16 (0.07) 0.16 (0.07)

(grains per or 65% or 65% or 65%

thousand dsef) or

Hg nlg per dSGm 0.55 (0.24) 0.55 (0.24) 0.55 (0.24)

(grains per or 85% or 85% or85%

thousand dsef) or

".'
36

ill No owner or operator of a small. medium, or large HMIWr subject to emission

limits listed under subsection (a) of this Section shall cause or allow any

emissions that cause greater than 10 percent opacity, as measured on a 6-minute

block average, according to Method 9, 40 CFR 60, Appendix A. incorporated by

reference in Section 229.104(d) of this Part, from any stack used bv an HMIWI.

fl On and after January r, 2014, except as provided for in Section 229.115(b)(3) or

Section 229.1 16(c)(4), as applicable, each owner or operator of a small. medium,

or large HMIWI. as defined in Sections 229.1 1O(a)( I) and (a)(2) of this Part, shall

comply with the following emissions limits, as applicable:

No owner or operator ofa small, medium, or large HMPNJ shall cause or allow

any emissions that cause greater than 10 percent opacity, as measured on a 6

minute block average, according to Method 9, 40 CPR 60, Appendbl A,

incorporated by reference at Section 229.104(d) of this Part, from an)' stael, used

by an HMIWI.

HMIWI Emissions Limits

Pollutant Units Small Medium Large

(7% oxygen dry basis)

Particulate Milligrams per dry standard 66 46 25

matter cubic meter (l1lgidscl1l) (grains (0.029) (0.020)' (0.01 I)

per drY standard cubic foot 34

[gr/(!e<:fU.__. (O.Ol~)b

Carbon Parts per million by volume 20 22 11

monoxide i.I2mn.'!.l I

Dioxinslfurans Nanograms per dry standard 16 (7.0) 0.85 9.3 (4.1)

cubic meter total dioxinslfurans or (0.37) or or 0.054

u1&'.dscml (grains per billion dry 0.013 0.020 (0.024) standard cubic feet WE)" dsc!)) (0.0057) (0.0087)

or nQ/dscl1l TE.Q..! prll O')ds.ci)

Hydrogen (ppmv)

I

44' 7.7 6.6

chloride ]'5"b

Sulfur dioxide (PPJllYl 4.2 4.2 9.0

Nitrogen oxides (pmlli::l I 190 190 140

!

Lead !!.1g{i!,:i£,!:n (grai ns per thousand 0.31 0.018 0.036

Qrv st"{:lndard cubic feet (gr/103

ffil.±l (0.016)

,I'i£.ill (0.0079)

Cadmium .rr.lgi,ls<:DL(gr/lQcsl~<:j) 0.017 0.013 0.0092

(0.0040)
37

I (0.0074) (0.0057)

I -- lMercury mddsc:migrll (). dscf} I 0.014 0.025 0.018

(0.011 ) (0.0079)

- 1(0.006])

a Emissions limits for HMIWIs as defined in Section 229.1 10(a)(1) of tills Part.

b Emissions limits for HMIWIs as defined in Section 2/9.110(<1)(2) ofthis Part.

ill No owner or operator of a small. medium. or large HMIWI subject to emission

limits listed under subsection (c) ofthis Seetion shall cause or allow any

emissions that cause greater than 6 percent opaeity. as measured on a 6-minute

block average. according to Method 9. 40 eFR 60. Appendix A. incorporated by

reference at Section 229.104(d) ofthis Part. from any stack used by an HMIWI.

On and after the date on which the initial pcrformance test is completed or

required to be completed under Section 229.142 ofthis Part. whichever date

comes first. no owner or operator of an HMIWI. as defined in Section 229.1 10

(a)(l) or (a)(2) of this Part and subject to the emissions limits under subsection (c)

ofthis Section. shall cause to be discharged into the atmosphere visible emissions

of combustion ash from an ash conveying system (including conveyor transfer

points). enclosures of ash conveying systems, buildings, or other sources in

excess of 5 percent ofthe observation period of 9 minutes per 3-hour period.

aecording to Method 22, 40 eFR 60, Appendix A. ineorporated by reference in

Section 229.1 04(d) ofthis Part. except as provided by the following exclusions:

D Visible emissions discharged inside buildings or enclosures of ash

conveying systems: or

Il During maintenance and repair of ash conveying systems. Maintenance and/or

repair shall not exceed 10 operating days per

calendar quarter unless the owner or operator of an HMlWl makes a request to

the Agency in writing for a longer period oftime to complete maintenance

and/or repair. and the Agency approves the owner or operator's request in

writing.

(Source: Amended at 35 III. Reg. '

, effective J

Section 229.126 Emission~ Limits For Rural HMIWIs

Jl1Notwithstanding the emission~ limits set out in Section 229.125 ofthis Part, any rural HMlWl

shall comply with the emission~ limits set out in subsection (a) or (c) (b) ofthis Section. The

emission~ limits under this Section shall apply at all times, except as provided for in Section

229.1 IO(b) and Subpart F ofthis Part.
38

ill Before Januarv 1. 2014, 3 rural HMIW 1as defined in Section )29.110(3)(1), shall

comply with the following emissions limits:

The emission limits for rural HMIWI are as follows:

Pollutant Units HMIWI Emissions Limits

(7% oxygen, dry basis)

Particulate nHddscl~1 (Rr/dsg) 197

matter (0.086)

Carbon !2J2!]lY 40

monoxide

Dioxins/furans ng/dscm total dioxins/fura.ns 800 (350) or

(gr/IO" ,lsc.Q,QU]g/dscm TEQ 15 (6.6)

(gr!I09 dscfJ

Hydrogen !2J2!]lY 3100

chloride

Sulfur dioxide !2J2!]lY 55

Nitrogen oxides ppmv 250

Lead mgjdscm .lQ

(gr/l03 dscD (4.4)

Cadmium mg/dscm :±

(gr/l 03 dscD U1l

Mercury mgjdscm 7,5

(gr/l 0' dscD l112

Pollutant YnHs EMISSION LIMITS ,~o' ~. " , ,

PM 197 (0.086)

GG j3flfIW 44

Di01[in/ nanograms per dscm total 800 (350) or 15 (6.6)

f-Hrafls dioxins/furans (grains per

sill ion dscf), or nanograms per

dscm TEQ (grains per sillion

ds€ft

HGI j3flfIW MOO

SGo. j3flfIW §5

NGl< fl!3fR¥ 2W

.pe mg per dscm (grains per 10 (4.4)

tsousand dscf)
39

I

:~ i ffig~~~ dl~!:~~~:a:'ns pe:: 14-fh7i

:-:-""5-;----- i~r;:t:~;raiflsper 7.5 (3.3)

L- ~;~:~:"'::~~a~~~cl::"d~s!!:cfl~ l _

ill No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (a) ofthis Section shall cause or allow any emissions that cause greater

than 10 percent opacity. as measured on a 6-minute block average. according to

Method 9.40 CFR Pmi 60. Appendix A. ineorporated by reference at Section

229.104(d) of this Pari. from any stack used by an HMIWI.

No 0\\ ner or operator of a rural HMIWI shall cause or allow any emissions that

came greater than 10 percent opacity, as measured on a 6 minute block a,'erage,

according to Method 9,40 CFR Part 60, Appendi" A, incorporated by reference at

Section 229.104(d) ofthis Part, from any stack "'sed by an HMIWL

o On and after January l, 2014. except as provided for in Section 229.115(11)(3) or

Section 229.] 16(c)(4). as applicable, a rural HMIWI, as defined in Section

229.1 IO(a)(]) or (a)(2) of this Part, shall comply with the following emissions

limits:

Pollutant Units Emissions Limits

(7% oxygen, dry basis)

Particulate mg/dscm Igr/dsct) 87

matter (0.038)

Carbon QQ!!l.Y 20

monoxide

Dioxins/furans ngl"Q-:;~~!!lJQ!al dioxins/furans 240 (100) or

("rll 09 dsc nor nWdscm TEQ 5. I (2.2)

{grll 0" dscO

Hydrogen ppmv 810

chloride

Sulfur dioxide ppmv 55

Njtrogen oxides ppmv 130

Lead mg/dscm 0.50

Igrll 03 dscO (0.22)

Cadmium mg/dscm O. II

IgrllO' dscD (0.048)

Mercury mg/dscm 0.005 ]

Igrll 03 dscD (0.0022)

Ql No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (c) ofthis Section shall cause or al10w any emissions that cause greater
40

than 6 percent opacity. as measured on a 6 minute block average. according to

Method 9. 40 CFR Part 60. Appendix A. incorporated by reference at Section

229.104(d) ofthis Part. from any stack used by an HMIWI.

tl On and after the date on which the initial performance test is completed or

required to be completed under Section 229,142 of this Part. whichever date

comes first. no owner or operator of a rural HMIWl. as defined in Section

229.110 (a)(1) or (a)(2) ofthis Part. subject to the emissions limits under

subsection (c) ofthis Section. shall cause to be discharged into the atmosphere

visible emissions of combustion ash from ash conveving system (including

conveyor transfer points). enclosures of ash conveying systems, buildings. or

other sources in excess of 5 percent ofthe observation period of 9 minutes per 3-

hour period, according to Method 22, 40 CPR 60. Appendix A, incorporated by

reference at Section 229.1 04(d) ofthis Part. except as provided by the following

exclusions:

.u Visible emissions discharged inside buildings or enclosures of ash

conveying systems; or

.£l During maintenance and repair of ash conveying systems.

Maintenance and/or repair shall not exceed 10 operating days per

calendar quarter, unless the owner or operator of an HMIWI makes

a request to the Agency in writing for a longer period oftime to

complete maintenance and/or repair. and the Agency approves the

owner or operator's request in writing.

(Source: Amended at 35 Ill. Reg. , effective ) ---- ------'

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed)

Section 229.130 Operation During Periods of Startup, Shutdown, or Malfunction (Repealed)

a1 The emission limits speeified in Subpart E ofthis Part do not apply to an HMIWI

during periods of startup, shutdown or malfunetion, ifthe requirements provided

in subseetions (b), (e) and (d) of this Seetion are met.

No waste shall be eharged to an HMIWI during periods ofstartup, shutdown or

malfunetion.

The shutdown of any HMIWI shall proeeed aeeording to the following

requirements:

B For eontinuous HMIWls, slmtdowfl may eommenee no less thafl 2 hours

after the last eharge to afl HMI\VI;
41

ror intermittent HMIWls, dllltdown may commence no less than 4 h&\tl'S

after the la"t charge to an HMIWI; and

For batch HMI'Nls, shutdown may commence no less than 5 hours after

the high air phase of combustion has been completed.

During periods of malfunction, the owner or operator of an HMIWI shall do all of

the folloviing;

B Take all reasonable steps to ensure that an HMIWI operates within the

parameters established for that HMIW I and to minimize excess emissions;

Continue monitoring all applicable parameters; and

'B Take appropriate corrective actions prior to resuming the charging of any

waste to an HMIWI.

(Source; Repealed at 35 Ill. Reg. ., effective )

SUBPART H; COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and Establishment of Operating Parameters

for All HMIWIs

!!l Beforc Januarv 1. 2014, each owner or operator of an HMIWl, as defined in

Section 229.110 (a)( I) ofthis Part, subject to the emissions limits under Section

229.125(a) or Section 229. I26(a) ofthis Part, shall comply with the following

requirements;

The owner or operator of an HMI'NI subject to the emissions lit"its under this Part shall compty

with the following requirements;

Ill) Except as provided in Section 229.115(a)(2)(B)(v) 229.115(b)(2)(E) of

this Part, conduct an initial performance test on their HMIWI by

September 15,2000,.

f.b) Except as provided in subsection l1iliIl ofthis Section, in the initial

performance test, test for all pollutants limited pursuant to Subpart E of

this Part,.

2&) During the initial performance test, rural HMIWIs are not required to test

for HCI, Pb or Cd,.
42

,!a) [f an HM[W[ is equipped with a dry scrubber followed by a fabric filter, a

wet scrubber,

'*a dry scrubber followed by a fabric tilter and wet

scrubber, or selective noncatalvtic reduction system, establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B of this Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229,125 ofthis

Part"

.2.,,) If air pollution control equipment other than a dry scrubber followed by a

fabric filter, a wet scrubber,

'*dry scrubber followed by a fabric filter and

a wet scrubber, or selective noncatalvtic reduction svstem is used to

comply with the emission limits under Section 229.125 of this Part, the

initial performance test may not be conducted until site-specific operating

parameters that will be monitored to demonstrate compliance with this

Part have been established by the Agency in a construction permit and

approved by USEPA.

fif} For rural HMIW[, establish the maximum charge rate and minimum

secondary chamber temperature as site-specific parameters during the

initial performance test, provided that the performance test demonstrates

that the HMIW[ is in compliance with the emission limits specified in

Section 229.[26 of this Part.

Ql On and after January I, 2014, each owner or operator of an HMIWr, as defined in

Section 229. I 10 (a)(I) or (a)(2) ofthis Part, and subject to the emissions limits

under Section 229, I25(c), as applicable, or Section 229.126(e) ofthis Part shall

comply with the following requirements:

D Except as provided in Section 229. I I5(a)(2)(B)(v) ofthis Part, conduct an

initial performance test on their HMIWI by January I, 2014.

;u Except as provided for in paragraph (b)(6) of this subsection, in the initial

performance test, test for all pollutants to demonstrate compliance with

Section 229.125(c), or Section 229. 126(c) emissions limits, as applicable,

pursuant to Subpart E of this Part.

Il If an HMIWI is equipped with a dry scrubber followed by a fabric filter. a

wet scrubber, a dry .scrubber followed by a fabric filter and wet scrubber,

or selective noncatalytic reduction system establish the appropriate

maximum and minimum operating parameter values indicated in

Appendix B of this Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates
43

compliance with the emission limits specified in Section 229.125 or

2;9.126 of this Part.

il Ifan air pollution control device other than a drv scrubber followed bv a

fabric filter. a wet scrubber. dry scrubber followed by a fabric filter and a

wet scrubber. or selective noncatalytic reduction system is used to comply

with the emission limits under Section 229.125 or Section 229.126 ofthis

Part. the initial performance test may not be conducted until site-specific

operating parameters that will be monitored to demonstrate compliance

with this Part have been established by the Agency in a construction

permit and approved by USEPA.

21 For a rural HM1WI that is not equipped with an air pollution control

device. establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial

performance test. provided that the performance test demonstrates that the

HMIWI is in compliance with the emission limits specified in Section

229.126(e) ofthis Part.

fi.l The owner or operator of an HMIWI may use results of previous

performance testis) for initial compliance demonstration with the

applicable emissions limits, provided the following conditions are met:

A.l The previous emissions testis) was conducted using procedures

and test methods listed in Section 229.140 ofthis Part. or

USEPA-accepted voluntary consensus standards;

ill The test results are certified as representative of current

operations; and

g The previous emissions testis) was conducted no earlier than

1996.

1.1 The owner or operator of an HMIWI that cannot certify and or whose

previous performance testis) results do not demonstrate compliance with

one or more ofthe revised emission limits must conduct another

performance test for those pollutants.

.!D The owner or operator of an HMIWI as defined in Section 229.1 lO(a)(1)

or (a)(2) of this Part, and subject to the emissions limits under Section

229.125(c). as applicable, or Section 229.1 26(c) of this Part. shall

determine compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.1 25(g) and 229. I26(e) by
44

conducting an initial perfOlmance test using Method 22. at 40 CFR 60.

Appendix A, incorporated by reference at Section 229.1 04(d) ofthis Part.

(Source: Amended at 35 Ill. Reg. , effective ._-'

Section 229.146 Annual Testing for Opacity

Following the date on which the initial performance test is completed, as required by Section

229.142 ofthis Section, the owners or operators of all HMIWl!1 shall conduct an annual opacity

test, in accordance with Section 229.140 of this Part. The opacity test schedules are as follows: ,

by September 15 of each year.

;U By September 15 of each year, for an HMIWl, as defined in Section 229.110

(a)(l) of this Part, and subject to the emissions limits under subsection

229.125(a) or subsection 229. I26(a) of this Part; and

Ql By January I of each year, for an HMIWl, as defined in Section 229.110 (a)(l) or

(a)(2) ofthis Part, and subject to the emissions limits under Section 229.1 25(c), as

applicable, or Section 229.126(c) ofthis Part.

(Source: Amended at 35 Ill. Reg. , effective J

Section 229.148 Annual Performance Testiug for All Small, Medium aud Large HMIWls

Following the date on which the initial performance test is completed, as required by Section

229.142 ofthis Part, all owners or operators of small, medium, or large HMIWls each owner or

operator of an HMIWI, as applicable, shall conduct an annual performance test, by September 15

of each year to determine compliance with the applicable PM, CO and HCI emission limits

specified in Section 229.125fbj or 229.126 ofthis Part, using the applicable test procedures and

methods specified in Section 229.140 ofthis Part.

;U Annual performance test schedules are as follows:

D Before January 1, 2014, each owner or operator of a small. medium, or

large HMIWI as defined in Section 229.11O(a)(I), subject to the emissions

limits under Section 2?9.125(a) of this Part shall complete an annual

performance test by September 15 of each year; and

£1 On and after January 1, 2014. an owner or operator of a small, rural,

medium. or large HMIWI, as defined in Section 229.110(a)(]) or (a)(2),

subject to the emissions limits under Section 229.125(c), as applicable, or
45

in Section 229.126(c) ofthis Part. shall complete an annual performance

test bv January I of each year.

!?a) If all 3 annual performance tests over a 3-year period indicate compliance with

the applicable emission limits for PM, CO, or HCI specified in Section 229. 125f&j

ofthis Part, the owner or operator of an HMIWI may forego a performance test

for that pollutant during the next 2 years. If the next performance test conducted

every third year indicates compliance with the emission limits for PM, CO, or

HCI specified in Section 229.125f&j of this Part, the owner or operator of an

HMIWI may forego a performance test for that pollutant for an additional 2 years

from the date ofthe previous performance test.

fa) If any performance test indicates noncompliance with the respective emission

limit, the owner or operator of an HMIWI shall conduct a performance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with the respective emission limits.

Ql The owner or operator of an HMIWI may use any ofthe following types of

continuous emission monitoring systems ("CEMs") as provided in Section

229.152 ofthis Part, to substitute for annual performance tests and parameter

monitoring to demonstrate compliance with applicable emission limits:

D PM CEMS: replace annual PM testing and opacity testing and monitoring

of pressure drop across the wet scrubber. if applicable;

2.2 CO CEMS: replace annual CO testing and monitoring ofminimum

secondary chamber temperature;

11 HCI CEMS: replace annual HCI testing and monitoring ofminimum HCI

sorbent flow rate, and minimum scrubber liquor pH.

(Source: Amended at 35 Ill. Reg. , effective )

Section 229,150 Compliance with Operating Parameter Values

a) Following the date on which the initial performance test is completed, or is

required to be completed under as provided in Section 229.142 ofthis Subpart,

whichever date comes first ¥afl, an HMIWI, using a dry scrubber followed by a

fabric filter, a wet scrubber, or dry scrubber followed by a fabric filter and a wet

scrubber to comply with the emission limits of this Part, shall not operate above

any ofthe applicable maximum parameters or below any ofthe applicable

minimum operating parameters specified in Appendix B ofthis Part. All operating

parameter;, shall be measured as a 3-hour rolling average (calculated each hour as a

3-hour rolling average ofthe previous 3 operating hours) at all times, sl,eepl
46

during periods ofstaliup, shutdown, and malfunction (calculated each hour as a 3

hour rolling average of the previous 3 operating hours). For batch HMIWls, the

charge rate shall be measured on a per batch basis.

Q.l Except as provided in Section 229.164 ofthis Subpart for an HMIWI equipped

with a selective noncatalytic reduction system, operation ofthe HMIW I above the

maximum charge rate, below the minimum secondary chamber temperature, and

below the minimum reagent flow rate simultaneously shall constitute a violation

ofthe NOx emissions limit.

,,9) For HMIWls using air pollution control equipment other than a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber, to comply with the emission limits under Section

229.125 or Section 229. I26 ofthis Part, following the date on which the initial

performance test is completed, as provided in Section 229.142 ofthis Part, an

HMIWI shall not operate above any applicable maximum or below any applicable

minimum operating parameter values established in its CAAPP pennit.

4e) Operating parameter limits do not apply during performance tests.

(Source: Amended at 35 III. Reg. "effective )

Section 229.152 Compliance Requirements for HMIWls using CEMS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229.125Eb:) or Section 229.126 of this Part, if provided for in

its pennit. Any HMIWI that is allovied to use a GEMS to demonstrate compliance with the

emission limits ofthis Part shall:

!!l Any HMIWI that is allowed to use a CEMS to demonstrate compliance with the

emission limits ofthis Part shall:

la) Detennine compliance with the applicable emission limits using a 12:hour

rolling average, calculated each hour as the average of the previous 12

operating hours, not including startllp, shutdown, or malfunction; and

217) Operate all CEMS in accordance with the applicable procedures under

Appendices Band F of 40 CFR 60, incorporated by reference at Section

229.104(e) ofthis Part.

Q.l In the case ofCEMS for which USEPA has not published performance

specifications, the option to use the CEMS takes effect on the date of publication

ofthe performance specifications in the Federal Register or after site-specific
47

operating parameters used to demonstrate compliance with this Part have been

established by the Agency in a construction permit and approved bv USEPA.

(Source: Amended at 35 III. Reg. ~, effective ~)

Section 229.154 Violations by HMIWIs Equipped with a Dry Scrubber Followed by a

Fabric Filter

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) shall be a violation ofthe CO emission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

bc a violation ofthe dioxin/furan emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum HCI sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation of the HCI emission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emission limit; er

e) Use ofthe bypass stack (eKcept during startup, slmtdovm or malfunction) at any

time during operation of an HMIWI is a violation of the PM, dioxin/furan, HCI,

Pb, Cd and Hg emission limits;,

D. If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions..limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used. failure to initiate con'ective action within

one hour ofthe bag leak detection system alarm. or failure to operate and

maintain the fabric filter such that the alarm is not engaged for more than 5

percent ofthe total operating time in a 6·month block reporting period shall be a

violation of the PM emissions limit
48

h2 If a bag leak detection svstem is used to demonstrate compl iance with the opacity

limit, failure to initiate corrective action within one hour ofthe bag leak detection

system alarm shall be a violation of the opacity emissions limit:

j} If a CEMS is used to determine compliance with a PM, HC!, Pb, Cd. and/or Hg

emissions limits, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit:

i.l If a continuous automated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation of the dioxin/furan emissions limit: or

k2 Ifa continuous automated sampling system is used, operation of the HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

(Source: Amended at 35 III. Reg._... ___, effective ~)

Section 229.156 Violations by HMIWls Equipped with a Wet Scrubber

Except as provided in Section 229. I64 ofthis Subpart, for an HMIWI equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum pressure drop across the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation ofthe PM emission limit;

b) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour roIling

average) is a violation of the CO emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate, below the

minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hour rolling average) is a violation ofthe

dioxin/furan emission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCl emission limit;

e) Simultaneous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling average)

is a violation ofthe Hg emission limit; ffi'
49

f) Use ofthe bypass stack fe*<;ept during startup, shutdoWH, Of malfunction) at any

time during operation of an HMIWI is a violation of the PM, dioxin/furan, HCI,

Pb, Cd and Hg emission limits~,

g} If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation of the emissions limit:

h.l If a CEMS is used to determine compliance with a PM, HCI, Pb. Cd, and/or Hg

emissions limit, operation of the HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit;

D. If a continuous automated sampling system is used. operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation of the dioxin/furan emissions limit; or

j} If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

(Source; Amended at 35 Ill. Reg. , effective ~)

Section 229.158 Violations by HMIWls Equipped with a Dry Scrubber Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) is a violation ofthe CO emission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxinlfuran sorbent flow rate (each measured on a 3-hour rolling average) is a

violation ofthe dioxinlfuran emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emission limit;
50

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) is

a violation of the Hg emission limit; 6f

e) Use of the bypass stack (s)[cept during startup, shutdo'nn, or malfunction) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emission limits~~

If ca CEMS is used to determine compliance with a ca emissions limit

operation of the HMIWI above the ca emissions limit as measured by the ca

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used, failure to initiate corrective action within

one hour ofthe bag leak detection system alarm, or failure to operate and

maintain the fabric filter such that the alarm is not engaged for more than 5

percent ofthe total operating time in a 6-month block reporting period shall be a

violation ofthe PM emissions limit:

hl If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour of the bag leak detection

system alarm shall be a violation ofthe opacity emissions limit;

il If CEMS is used to determine compliance with a PM, HCI, Pb, Cd, and/or Hg

emissions limit operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit;

il If a continuous automated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation of the dioxin/furan emissions limit; or

kl If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit

(Source: Amended at 35 Ill. Reg. , effective -')

Section 229.160 Compliance Requirements for Rural HMIWls

!D. Prior to January 1. 2014, the requirements set forth in subsections (c) through (e)

ofthis section shall apply to all rural HMIWIs subject to the emissions limits

under Section 229.126 ofthis Part.

QJ an and after January 1. 2014. the requirements set forth in subsections (c) through

(e) ofthis section shall apply to all rural HMIWIs that are not equipped with an
51

air pollution control device and that are subject to the emissions limits under

Section 229.126 ofthis Part

fa) Following the date on which the initial performance tcst is completed or is

required to be completed under Section 229.142 of this Subpart, whichever date

comes first, the owners or operators of a rural HMIWI shall not operate their

HMIWI either above the maximum charge rate or below the minimum secondary

chamber temperature measured as 3-hour rolling averages at all times, e*€ej3t

during periods of startup or shutdown (calculated each hour as the average of the

previous a 3 hour rolling average of the previous 3 operating hours) at all times.

ill Operating parameter limits do not apply during performance tests.

~9) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation

of a rural HMIWI above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shall

constitute a violation of the PM, CO and dioxin/furan emission limits.

(Source: Amended at 35 111. Reg. , effective -1

Section 229.162 Inspection Requirements for All Rttml HMIWIs

a) Before January I. 2014, each owner or operator of a rural HMIWI subject to the

emission limits under Section 229.126 of this Part shall inspect the HMIWI

according to the following schedule:

Eaeh OVil'ler or operator of a rural HMIWI shall inspeet the HMI\VI aeeording to

the following sehedule:

I) An initial inspection shall be conducted by September 15, 2000; and

2) An annual inspeetion shall be conducted by September IS of each year

thereafter.

b) Each equipment inspection shall be conducted to ensure the proper operation of

the-ruml HMIWI and, at a minimum, shall consist ofthe following steps:

I) An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

2) An inspection of the primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection ofthe hinges and door latches, lubricating, as necessary;
52

4) An inspection of dampers, fans, and blowers;

5) An inspection ofthe HMIWI door and door gaskets;

6) An inspection of all HMIWI motors;

7) An inspection of the primary chamber refractory lining, cleaning,

repairing or replacing the lining, as necessary;

8) An inspection of the incinerator shell for corrosion or hot spots;

9) An inspection of the secondary/tertiary chamber and stack, cleaning as

necessary;

10) Where applicahle, an inspection ofthe mechanical loader, including limit

switches;

II) A visual inspection ofthe waste bed (grates), repairing or sealing, as

necessary;

12) Where applicable, an inspection of air pollution control devices to ensure

their proper operation;

13) Where applicable, an inspection ofthe waste heat boiler systems;

14) An inspection of all bypass stack components;

15) Calibration ofthermocouples, sorbent feed systems and monitoring

equipment; and

16) A general inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of an a I'llffi! HMIWI shall document that, during the burn

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days after the

inspection. The owner or operator of an HMIWI may have a longer period oftime

in which to complete any repairs identified as a result of the inspection required

by this Section, provided that it makes this request to the Agency in writing, and

the Agency approves the owner or operator of an HMIWI's request in writing.
53

On and after January L 2014. the owner or operator of a smaiL ruraL medium.

or large HMIWI subject to the emission limits under Section 229.125(c), as

applicable. or Section 229.126 of this Part. shall inspect thc HMIWI as

outlined in subsection ib) of this Section, according to the following schedule:

D An initial equipment inspection shall be conducted bv January L 2014;

and

61 An annual equipment inspection shall be conducted bv January I of each

year thereafter.

On and after January I, 2014. the owner or operator of an HMIWI subject to the

emission limits under Section 229. I25Cc), as applicable, or Section 229. I26(c) of

this Part, shall inspect the air pollution control deviceCs). according to the

following schedule:

D An initial air pollution control device inspection shall be conducted by

January], 20 I4; and

61 An annual air pollution control device inspection shall be conducted by

January I of each year thereafter.

g} Each air pollution control device inspection. as applicable, shall be conducted to

ensure the proper operation ofthe device and. at a minimum. shall consist ofthe

following steps:

D Where applicable, an inspection ofthe thermocouples, sorbent feed

systems. and any other monitoring equipment, adjusting applicable

calibrationCs). as necessary; and

61 A general inspection ofthe equipment to ensure that it is maintained in

good operating condition.

ill All maintenance. adjustments, or repairs identified during an air pollution control

device inspection required under this Section shall be completed within 10 days

after the inspection. The owner or operator of an HMIWI may have a longer

period oftime in which to complete any repairs identified as a result ofthe

inspection required by this Section, provided that it makes this request to the

Agency in writing, and the Agency approves the request in writing.

(Source: Amended at 35 IlL Reg. _ , effective -.I

SUBPART I: MONITORING REQUIREMENTS
54

Section 229.166 Monitoring Requirements for All Small, Metlium, aRti Large HMIWls

!D. Each owner or operator of an HMIWI subject to the emission limits under Section

229. P5(c). as applicable. or Section 229.126(c) ofthis Part. shall comply with

requirements of this Section according to the following schedule:

D. Before January I, 2014. for a small. medium or large HMIWI:

;n On and after January I. 2014. except as provided for in Section 229.115(b)(3)

or Section 229.116(c)(4). for a small. medium or large HMIWI, and a rural

HMIWI that is equipped with an air pollution control device(s).

12a) Once the initial performance test required by Section 229.142 of this Part has

been performed, and the site-specific minimum and maximum operating

parameter values have been established, the owner or operator of an a small,

mesil1m or large HMIWI, as applicable, shall continuously monitor those

parameters.

£b) The owner or operator of an a small, l'flesil1m or large HMIWI, as applicable,

shall comply with the following monitoring requirements:

I) Install, calibrate according to manufacturer's specifications, maintain, and

operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (unless CEMS are used as a substitute for certain parameters as

specified) such that these devices or methods measure and record values

for these operating parameters at the frequencies indicated in Appendix B

ofthis Part at all times, eKeept suring perioss ofstartup anti slll1tsovm;

2) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device or establish a method for identifying the use ofthe bypass

stack, including date, time, and duration of use;

3) If control equipment other than a dry scrubber followed by a fabric filter, a

wet scrubber, or a dry scrubber followed by a fabric filter and a wet

scrubber, or a selective noncatalytic reduction system is used to comply

with the applicable emission limits under Section 229.125(c) 229.125(b),

as applicable, or Section 229.126(c) ofthis Part, install, calibrate

according to manufacturer's specifications, maintain, and operate the

equipment necessary to monitor the site-specific operating parameters

developed and approved pursuant to Section 229. 142(a)(5) or (b)(5)

Section 229.14 2 (e) ofthis Part; and
55

4) Record monitoring data at all times during HMIWI operation, except

during the periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day llTl6 for 90 percent ofthe operating

days per calendar qual1er that an HMIWI is combusting hospital waste or

medical/infectious waste.

ill If an HMIWI is equipped with an air pollution control device that includes a

fabric filter and a PM CEMS is not used to demonstrate compliance. the owner or

operator of the HMIWI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator shall meet the

following requirements for each bag leak detection system installed:

D Each triboelectric bag leak detection system may be installed, calibrated,

operated. and maintained according to the "Fahric Filter Bag Leak

Detection Guidance," as incorporated by reference in Section 229.104;

D The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or

less;

Il The bag leak detection system sensor shall provide an output ofrelative

PM loadings;

.'!2 The bag leak detection system shall be equipped with a device to

continuously record the output signal from the sensor;

21 The bag leak detection system shall be equipped with an audible alarm

system that sounds automatically when an increase in relative PM

emissions over a preset level is detected. The alarm shall be located

where it is easily heard by plant operating personnel;

Q2 For positive pressure fabric filter systems, a bag leak detector shall be

installed in each baghouse compartment or cell;

12 For negative pressure or induced air fabric filters. a bag leak detector

shall be installed downstream ofthe fabric filter;

JD If multiple bag leak detectors are required, the bag leak detection

system's instrumentation and almm may be shared among detectors;
56

2} The baseline output shall be established by adjusting the range and the

averaging period of the device and establishing the alarm set points and

the alarm delav time according to section 5.0 of the "Fabric Filter Bag

Leak Detection Guidance." as incorporated bv reference in Section

229.104:

lQ} Following initial adjustment of the system. the sensitivity or range.

averaging period. alarm set points. or alarm delay time may not be

adjusted. Increasing the sensitivity by more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation.

unless such adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition. Each

adjustment shall be recorded:

ill Maintain records ofthe results of each inspection. calibration, and

validation check; and

m The fabric filter must be operated and maintained such that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

operating time in a 6-month block reporting period; however, corrective

action must be initiated within I hour of the alarm.

(Source: Amended at 35 HI. Reg., , effective J

Section 229.168 Monitoring Requirements for Rural HM1Wls

!!.l Each owner or operator of a rural HMIWI subject to the emission limits under

Section 229.126 ofthis Part shall comply with requirements ofthis Section

according to the following schedule:

D Before January 1.2014. for a rural HMIWI: and

II On and after January 1, 2014. except as provided for in Section 229.115(b)(3)

or Section 229.116(0)(4). for a rural HMIWI that is not equipped with an air

pollution control device(s).

Ql The owner or operator of each rural HMIWI shall comply with the following

monitoring requirements:

la) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device measuring and recording the temperature of the

secondary chamber on a continuous basis, the output of which shall be

recorded, at a minimum, once every minute of operation;
57

.:?e) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device that automatically measures and records the date, time,

and weight of each charge fed into an HMIWI; and

ole) Record monitoring data at all times during HMIWI operation, except

during periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day frR<I for 90 percent of the operating

hours per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

(Source: Amended at 35 Ill. Reg. , effective _. -'

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.180 Waste Management Requirements for Commercial HMIWIs Aeeepting

Waste Cenemted orr Site

a) The owner or operator of any commercial HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

I) Provide hospital, medical or infectious waste customers with written

information at least once a year conceming the availability of waste

management practices for reducing the volume and toxieity of waste to be

incinerated; frR<I

Il Conduct training and education programs in waste segregation for each of

the company's waste generator customers;

li Ensure that each waste generator customer prepares its own waste

management plan that includes. at a minimum. the following elements:

Al Segregation ofrecyclable wastes such as paper products, glass,

batteries and metals;

ill Segregation of non-recyclable wastes such as polyvinyl chloride

plastics, pharmaceutical waste, and mercury-containing waste;

and

g Purchasing recycled or recyclable products.

:'1:20) Submit a waste management plan to the Agency, in accordance with

Section 229. I84(b) of this Part, that outlines the efforts that will be

undertaken to implement the requirements distribute information as
58

specified in subsection!; (a)(I) through (a)(3) of this Section. and identifies

the information that 'n ill be distributed.

b) Paper or electronic copies ofthe materials disseminated under this Section shall

be made available to the Agency upon written request.

(Source: Amended at 35 III. Reg. , effective ....J)

SUBPART 10: RECORDKEEPING AND REPORTING REQUIREMENTS

Section 229.182 Reeordkeeping Reqnirements

a) The owner or operator of an HMIWI subject to the emission limits under Subpart

E ofthis Part shall maintain records of the following information:

I) The calendar date of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

229.125 (a), (c), or in Section 229.126 (a) or (c) ofthis Part (as

determined by the CEMS, if applicable), and any measurements of

opacity as required under Section 229. 125(b), (d). or <D or Section

229. 126(b) or (d);

Concentrations of all applicable pollutants listed in Section

229.125(b) or 229.126(b) of this Part (as deterffiined by the CEMS,

if applicable) and any ffieasurements of opacity as required under

Section 229.125(c) or 229.126(c);

B) HMIWI charge dates, times and weights, and hourly charge rates;

C) If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxin/furan sorbent used during each

hour of operation;

E) The amount and type of Hg sorbent used during each hour of

operation;

F) The amount and type of HCI sorbent used during each hour of

operation;
59

ill If a selective noncatalytic reduction system is used to comply, the

amount and type of NOx reagent used during each hour of

operation:

ill If a selective noncatalytic reduction system is used to comply, the

minimum secondary chamber temperature recorded during each

minute of operation:

1G) The secondary chamber temperatures recorded during each minute

of operation;

1M) The liquor flow rate to the wet scrubber inlet during each minute of

operation;

KI) The horsepower or amperage to the wet scrubber during each

minute of operation;

1J) Any pressure drop across the wet scrubber system during each

minute of operation;

MKc) The temperature at the outlet from the wet scrubber during each

minute of operation;

Nb) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use ofthe bypass stack, including dates,

times, and the duration ofsueh use; llfld

.EN) For sources complying with Section 229.l66l.£l fb1(3) ofthis Part,

all operating parameter data collected monitored; and

ill If a bag leak detection system is used, maintain records ofthe

system alann, the time ofthe alarm, the time corrective action was

initiated and completed, and a brief description of the cause ofthe

alarm and the corrective action taken, as applicahlc.

3) Identification of any calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2) ofthis Section have

not heen obtained, with an identification ofthe emission rates or operating

parameters not measured, reasons for not obtaining data, and a description

ofthe corrective actions taken;
60

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description of the malfunction and of the corrective

action taken to remedy it;

5) Identification of calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2) ofthis Section

exceeded the applicable limits, with a description of the exceedences,

reasons for such exceedences, and a description ofthe corrective actions

taken;

6) The results ofthe initial, annual, and any other subsequent performance

tests conducted to determine compliance with the applicable emissions

limits and/or to establish or re-establish operating parameters, as

applicable, and a description, including sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring devices as required under

Sections 229. 166££lB'B(l), (2) and (3) and 229. I68D?.lfaj(l) and (2) of

this Part; and

8) Identification ofthe names of all HMIWI operators who have met the

criteria for qualification under Section 229.170 ofthis Part, including;

A) Doeumentation of training and the dates ofthe training; and

B) The date ofthe initial review and all subsequent annual reviews of

the information specified in Section 229.1 72(a) ofthis Part, as

required by Section 229. I72(b) ofthis Part.

b) The owner or operator of an HMIWI claiming an exemption from the emission

limits in this Part pursuant to Section 229.11O(b) ofthis Part shall keep

contemporaneous records identifying each period oftime when only pathological

waste, low-level radioactive waste, or chemotherapeutic waste is burned,

including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.IIO(c) ofthis Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

d) The owner or operator of a co-fired combustor claiming an exemption from the

emission limits under Section 229.11 O(d) ofthis Part shall maintain records on a

calendar quarter basis ofthe relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste eombusted.
61

£1 The owner or operator of each HMIWI subject to the emission limits under

Section 229.125(cl. or Section 229.126 ofthis Part. shall maintain records ofthe

annual equipment inspection required under Section 229.162 ofthis Part!

The ov.ner or oFerator of eaeh rural HMIWI sl~all maintain reeords of the annual

equiFment inspeetions required under i'leetion 229.162 of this Part, any required

maintenanee, and any repairs not eompleted '",ithin 10 days after an inspeetion or

the time fralne established b) the Ageney.

The owner or operator of each HMIWI subject to the emission limits under

Section 229.125(c). or 229. 176(cl ofthis Part, shall maintain records of the annual

air pollution control device inspection required under Section 279.162 ofthis Part.

gl If a bag leak detection system is used, the owner or operator shall maintain

records ofthe system alarm. the time of the alarm, the time corrective action was

initiated and completed. a brief description ofthe cause ofthe alarm and the

corrective action taken, as applicable.

hl The owner or operator of each HMIWI, where applicable. shall maintain records

of any required maintenance, adjustments. or repairs identified during an

inspection required under Section 229.162 ofthis Part not completed within 10

days after the inspection or the timeframe approved in writing by the Agency.

if) All records required under this Section shall be maintained onsite for a period of 5

years, in either paper copy Or electronic format, unless an alternative fonnat has

been approved by the Agency in a permit condition.

ig) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Source: Amended at 35 III. Reg, , effective --')

Section 229,184 Reporting Requirements

a) The facilities manager and the responsible official for the affected source shall

certify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

performance test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:
62

1)!3efore Januarv 1.)014, except as provided for in Section 2~9.115(b)(3) or

Section 229.116(c)(4), as applicable, the test data and values for the sitespecific operating parameters established pursuant to Section

229,] 42(a)(4), (5) or (6), as applicable, and a description, including

sample calculations, of how the operating parameters were established

during the initial perfonnance test lor an HM]W] subject to the emissions

limits under Section 229,] 25(a) or 229, 126(a) ofthis Part,

The test data afld values for the site sfleeifie 0fleratiflg parameters

established for an HMIW] pursuaflt to either Seetiofl 229, I 42(d), (e) or (I)

ofthis Par!, as apfllieable; afld

2) On and after January I, 2014. the test data and values for the site-specific

operating parameters established pursuant to Section 229, 142(b)(3), (4) or

(5). as app]icable, and a description, including sample calculations, of how

the operating parameters were established during the initial performance

test for an HM]W] subject to the emissions limits under Section

229, 125(c), or Section 229,] 26(c) of this Part;

Il If a bag leak detection system is used, analysis and supporting

documentation demonstrating conformance with guidance and

specifications for bag leak detection systems in Section 229, 166(d)(1 ); and

1'6) A copy ofthe waste management plan required under Subpart K ofthis

Part,

£l All owners or operators of HM]Wls shall submit the information specified under

this subsection (c) to the Agency, as follows:

All O','iflers or oflerators of IIM]WIs shall submit the iflformatiofl sfleeified uflder

this subseetiofl (c) to the Agefley by September ]5,2001 and by Sefltember 15 of

each year thereafter. Oflce afl HM]WI is issued a CAAPP flennit, the OWfler or

eperator ofafl HM]WI shall submit these Fefl0r!'; semi annHally, in accordaflce

with subseetiofl (d) ofthis Sectiofl, The aflflual reflOl~ shall iflclude the followiflg

informa-tiofl:

Jj By September 15, 200], and by September] 5 of each year thereafter, for

an HM]WI subject to the emissions limits under Section 229, 125(a) or

229,126(a) of this Part;

£1 By January 1, 2014, and by January 1 of each year thereafter, except as

provided for in Section 229, 115(QlQlgr Section 2f2J 16(c)(4l, as applicable, for

an HM]WI subject to the emissions limits under Section 229.]25(c) or (e),

or Section 229,I26(c) ofthis Part; and
63

II The annual report required under subsection (c)(l) or (2) of this

subsection shall include the following information:

Before Januarv L 20] 4. the values for site-specific

operating parameters established pursuant to Section

229, 142(a)(4). (5) or (6) ofthis Part. as applicable:

.!,n On and after January 1.20]4. except as provided for in Section

229,] ]5(b)(3) or Section 229.116(c)(4). as applicable. the values

for site-specific operating parameters established pursuant to

Section 229.147 (b)(3). (4) or (5) ofthis Pmi. as applicable:

The highest maximum operating parameter and the lowest

minimum operating parameter. as applieable. for each

operating parameter, recorded for the calendar year being

reported pursuant to Section 229.142(a)(4). (5) or (6). or

Section 229,142(b)(3). (4) or (5) ofthis Part. as applicable:

aAd for the ealeAdar year preeeding the year beiAg reported;

ill The highest maximum operating parameter and the lowest

minimum operating parameter. as applicable. for each operating

parameter recorded pursuant to Section 229,142(a)(4). (5) or (6).

or Section 229. 142(b)(3). (4) or(5). ofthis Part. as applicable. for

the calendar year preceding the year being reported. in order to

provide the Agency with a summary ofthe performance ofthe

affected facility over 2-year period;

Any information recorded pursuant to Section

229.182(a)(3) through (5) ofthis Subpart for the calendar

year being reported and for the calendar year preceding the

year being reported;

Gf€*1)

If no exceedences or malfunctions were recorded under

Section 229, 182(a)(3 ) through (a)(5) ofthis Subpart for the

calendar year being reported, a statement that no

exceedences occurred during the repOliing period; and

Any use ofthe bypass stack, the duration of use, the reason

for malfunction, and the corrective actions taken,

d) Once an HMIWI is issued a CAAPP permit the owner or operator ofthe HMIW1

shall submit the reports required under subsection (c) ofthis Section semiannually. The semiannual reports must be submitted within 60 days following the
64

end ofthe reporting Deriod. The first semiannual reporting period ends on June

30 of each year and the second semiannual reporting period ends on December 31

of each year.

Onee the owner ar operatar oran HMIWI is required to submit semiannual

reports. these reports Iflust be submitted within 60 dll)s following the end ofthe

reporting periad. The first semillnnual reporting period ends on Mllrch 15 of each

year and the second semiannulli reporting period ends on September 15 af each

e) The owner or operator of each rural HMIWI subject to the emission limits under

Section 229. 126(b) ofthis Part, shall submit an annual report containing all

infonnation listed in subsections (b) and (c) ofthis Section by no later than 60

days following the year in which the data was collected. Subsequent reports shall

be sent no later than 12 calendar months following the previous report. Once the

unit is subject to permitting requirements under the CAAPP, the owner or

operator shall submit these reports semiannually in accordance with the schedule

specified in subsection (d) ofthis Section.
(Source: Amended at 35 III. Rego , effective _ )

Section 229.APPENDIX B Operating Parameters to be Monitored and Minimum

Measurement and Recording Frequencies. An "x" in any box iu this matrix means that

measurement of that parameter is required.

--~--

MINIMUM FREOUENCY CONTROL SYSTEM I

Operatiug Data Data lli:Y Wet lli:Y Selective

Paramete Measureme Recordin Scrubber Scrubbe Scrubber Noncatalyt

I§. nt g Followed r Followed ic , by Fabric by Fabric Reduction

Filter Filter and System

Wet I

Scrubber

Maximum Continuous Once per X X X X

Charge hour

Rate'

Maximum Continuous Once per X X

Fobd'L minute

Filter Inlet

Temperatu

re ___o

Maximum Continuous Once per X X

Flue Gas minute

Temperatu

re

Minimum Continuous Once per X X X X

Secondary minute

Chamber

Temperatu

re

Minimum Hourly Once per X X

Dioxin/Fur hour

an Sorbent

Flow Rate

Minimum Hourly Once per X X

HCI hour

Sorbent

Flow Rate

Minimum Hourly Once per X

Reagent hour

Flow Rate

Minimum Hourly Once per X X

Jig hour
Sorbent

Flow Rate I

Minimum Continuous Once per X K

Pressure minute

Drop

Across the

Wet

Scrubber

or

Minimum

Horsepow

er or

Amperage

to Wet

- Scrubber

Minimum Continuous Once per X X

Scrubber hour

Liquor

Flow Ratc

Minimum Continuous Once per X X

Scrubber hour

Liauor nH i

For batch HMIWIs, record the charge per batch.

OperatiAg Parameters to be MOAitored aAd MiAimum MeasuremeAt aAd ReeordiAg FrequeAeies.

AA ")(" iA aAY box iA tbis matrix meaAS tbat measuremeAt oftbat parameter is required.

MINIMUM FREQUENt¥- CONTROL SYSTEM

Operating Data Meas Data Dry Wcl Dry Serubber

Parameters urement Reeording Serubber Serubber Followed b,·

Follewed by Fabrie Filter and

Fabrie Filter Wet Serubber

Ma)linmm' Continuous Onee per :x :x :x

Chawe R;He *-

Ma),imurn Continuous Onee per :x :x

Fabrie Filter minute

Wet

Ternperatur

e
Mmlimum Continuous Onee per X X

flue gas minute

Minimum Continuous Onee per X Xc X

seeol1dary mil111te

ehalRber

temperature

Mil1imum Hourly Onee per Xc Xc

Dioxil1/ he-uT

ffifllfl

Sorbent

Flow Rate

Minimum Hourly Onee per Xc X

HCI Sorbel1t he-uT

Flow Rate

Minimum Hourly Onee per X X

Hg Sorbent he-uT

Flow Rate

Minimum Continuous Onee per Xc X

Pressure IRinute

Drop Aeross

the 'Net

Serubber or

Miuimum

Horsepower

or

Amperage

to-Wet

Serubber

Miuimum Coutiuuous Ouee per Xc X

Serubber IRiuute

Liquor Flow

-Rate

Miuimum CoutimlOU& Onee per Xc X

Serubber miuute

Liquor pH

IFor batch HMIWls, record the charge per batch.

(Source: Amended at 35 Ill. Reg. "effective ~)

Section 229.APPENDIX C Reference Test Methods and Procedures for Performance

Tests.
The following test methods and procedures shall be used as specified in Section 229. I40(e)

of this Part. when conducting any performance test for the purpose of demonstrating complianee

with the emission limits established under this Part.

a) All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of I hour per test

run shall be used unless otherwise indicated. In order to demonstrate compliance

with the emission limits set forth in Subpart E ofthis Part, the arithmetic average

of all 3 performance test runs shall be used.

b) Method 1, at 40 CFR 60, incorporated by reference at Section 229. I04(d) ofthis

Part, shall be used to select the sampling location and number of traverse points.

c) Method 2, at 40 CFR 60 shall be used to determine average gas density, as well as

to measure gas velocity.

ill Method 3, 3A, or 3B, at 40 CFR 60 shall be used for gas composition analysis,

including measurement of oxygen concentration. Method 3, 3A or 3B, at 40 CFR

60 shall be used simultaneously with each ofthe other reference methods. As an

alternative to Method 3B, ASME PTC-19-10-I98 I-Part 10 may be used.

Method 3 or 3A, at 40 CPR 60 shall be used for gas eomfJosition analysis,

ineluding measuren'lent of OJ,) gen eoneentration. Method 3 or 3A, at 40 CFR 60

shall be used simultaneousl) with eaeh referenee method.

e) The pollutant concentrations shall be adjusted to 7 percent oxygen using the

following equation:

Cadj = Cmeas (20.9-7)/(20.9-%02)

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;

Cmeas = pollutant concentration measured on a dry basis

(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen

correction basis);

20.9 oxygen concentration in air, percent; and

%02 oxygen concentration measured on a dry basis, percent.

Method 5, 26A, or 29, at 40 CFR 60 shall be used to measure PM emissions. As

an alternative, a PM CEMS may be used in determining compliance with PM
emissions using a 12-hour rolling average, calculated each hour as the

average ofthe previous 12 operating hours.

Method 5 or )9, at 40 eFR 60 shall be used to measure particulate matter

emissioRs.

g} Method 7 or 7E, at 40 CFR 60 shall be used to measure NOx emissions.

ill Method 6 or 6C, at 40 CFR 60 shall he used to measure SO, emissions.

liS) Method 9, at 40 CFR 60 shall be used to measure stack opacity. As an alternative,

the use of a bag leak detection system or a PM CEMS to demonstrate compliance

with the PM standards is considered demonstrative of compliance with the

opacity requirements.

in) Method 10 or lOB, at 40 CFR 60 shall be used to measure CO emissions. As an

alternative, a CO CEMS may be used to measure CO emissions.

kl Method 22, at 40 CFR 60 shall be used to measure fugitive ash emissions.

li) Method 23, at 40 CFR 60 shall be used to measure total dioxin/furan emissions.

As an alternative, the facility may elect to sample total dioxins/furans by

installing, calibrating, maintaining, and operating a continuous automated

sampling system for monitoring dioxinlfuran emissions. The minimum sample

time for Method 23 sampling shall be 4 hours per test run. Ifthe affected facility

has selected the TEQ for dioxinlfurans (set out in Appendix A ofthis Part), as

provided under Section 229.l25(b1 or 229.l26(b1 ofthis Part, whichever is

applicable, the following procedures shall be used to determine compliance:

I) Measure the concentration of each dioxin/furan tetra-through-octacongener emitted using Method 23;

2) For each dioxin/furan congener measured in accordance with subsection

(i)(1) ofthis Section, multiply the congener concentration by its

corresponding TEQ factor specified in Appendix A ofthis Part; and

3) Sum the products calculated in accordance with subsection (i)(2) ofthis

Section to obtain the total concentration of dioxin/furans emitted in terms

ofTEQ.

rm) Method 26 or 26A, at 40 CFR 60 shall be used to measure HCI emissions. As an

alternative, an HCI CEMS may be used to measure HCI emissions. Before

January 1, 2014, ifIf the affected facility has selected the percentage reduction

standard for HCI as provided under Section 229.125~or 229.l26W(b1 ofthis
Part, whichever is applicable, the percentage reduction in HCI emissions

(%RHCI) is computed using the following formula:

(%RHCI)= ((E,-Eo)/E,) x 100

Where:

%RrKI =percentage reduction of HCI emissions achieved;

= HCI emissions concentration measured at the

device inlet, corrected to 7 percent oxygen

basis); and

control

(dry

Eo =HCI emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis),

!1k) Method 29, at 40 CFR 60 shall be used to measure Pb, Cd, and Hg emissions,

As an alternative. ASTM 06784-02 may be used to measure Hg emissions; a

multi-metals CEMS or Hg CEMS may be used to measure Pb. Cd. and Hg

emissions; or the facility may elect to sample Hg by installing, calibrating.

maintaining. and operating a continuous automated sampling system for

monitoring Hg emissions. Before January 1.2014, iflf-the affected facility has

selected the percentage reduction standards for metals as provided in Section

229.125@l fb1 or 229.126@l fb1 ofthis Part, whichever is applicable, the

percentage reduction in emissions (%Rmetal) is computed using the following

formula:

Where:

%Rmetal = percentage reduction ofmetal emissions (Pb, Cd,

or Hg) achieved;

E; =metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, corrected to 7

percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device outlet, corrected to

7 percent oxygen (dry basis).

(Source: Amended at 35 Ill. Reg, , effective -')

IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois PoIlution Control Board, certify that

the Board adopted the above opinion and order on June 16, 20] 1 by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
ILLINOIS POLLUTION CONTROL BOARD

August 18, 20 II

\~

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL ADM. CODE )

PART 229: )

HOSPITALIMEDrCALlINFECTIOUS )

WASTE INCINERATORS )

Proposed Rule. Second Notice.

RlI-20

(Rulemaking - Air)

OPINION AND ORDER OF THE BOARD (by C.K. Zalewski):

In continued recognition of proponent's earlier-granted motion for expedited

consideration, the Board today adopts a second notice rule proposal for review by the Joint

Committee on Administrative Rules (JCAR)under the Administrative Procedure Act (APA), 5

ILCS 5/1 00 et seq. As explained in more detail below, the rules were initially proposed by the

Illinois Environmental Protection Agency (Agency or [EPA) to update and tighten the Board's

rules at 35 Ill. Adm. Code Part 209 consistent with the 2009 changes to federal rules for

hospitallmedical/infectious waste incinerators.

The second notice proposal adopted here is substantively unchanged from the first notiee

proposal adopted by the Board. The order's text contains the text of the Agency's proposal as

amended by the Agency in its May 25 and June I3, 20 I I errata sheets, and in its August 16,

201 I errata sheet filed along with its closing public comment (PCI). The rule text also contains

some non-substantive changes suggested by JCAR. The only affected source, Stericycle, Inc. in

Clinton, Dewitt County, testified at both hearings that the compliance dates proposed are

acceptabIe.

The Board's June 16,2011 first notice proposal (adopted after completion ofthe June 8,

2011 hearing) was published at 35 Ill. Reg. 10224 (July 1,2011). As announced at the June 28,

2011 hearing, the public comment period closed on August 16,2011. The only public comment

received was filed by the Agency. Adoption ofsecond notice today will facilitate completion of

this rulemaking on proponent's preferred timetable.

PROCEDURAL HISTORY

On December 23,2010, the Agency filed a rulemaking proposal for amendments to the

Board's air quality standards rules pursuant to the general rulcmakings provisions of Section 27

ofthe Illinois Environmental Protection Act (Act), 415 ILCS 5/27 (2010) and the Boards

procedural rules at 35 Ill. Adm. Code 102. The proposal was accompanied by, among other
things, a Technical Support Document (TSD) I, a motion for waiver of copy submission

requirements (which is hereby granted), and a motion for expedited review (MER) (granted June

16,2011).

In the Statement of Reasons (SR) accompanying the proposal. the Agency stated that this

proposal contains amendments to 35 HI. Adm. Code Part 229 "HospitallMedicalllnfectious

Waste Incinerators" (HMIWI). The proposed rules would reflect amendments promulgated by

the United States Environmental Protection Agency (USEPA) to federal air quality standards,2

including new source performance standards and emissions guidelines. SR at 1. Changes

include revised emission standards (more stringent than existing ones), revised waste

management plan provisions (for greater flexibility in demonstrating compliance), and removal

of an existing startup, shutdown, and malfunction provision. Id.

The compliance date for the new rules would be January 1,2014. The Agency reports

Illinois currently has only one HMIWI to which the new rules would apply: the Stericycle, Inc.

facility located in Clinton, DeWitt County. SR at 8-9.

In a January 6, 2011 order, the Board accepted the petition for hearing. But, the Board

reserved ruling on the pending motions, as participants' time to respond to them had not yet

elapsed. Hearings were initially scheduled for March and April ofthis year. See hearing officer

order (Feb. 1,2011). Accordingly, the Agency prefiled testimony on February 18,2011 and

Stericycle did so on February 20, 2011.

On February 22, 2011, in accordance with Section 27(b) ofthe Act (4151LCS 5/27(b)

(2010)), the Board requested that the Department ofCommerce and Economic Opportunity

(DCEO) eonduct an economic impact study for this rulemaking. On May 23, 20 II, the Board

received a response from DCEO, declining the request, and stating that it was unable to perform

an economic impact study.

The first-seheduled set of hearings did not take place, as newspaper publication was not

accomplished to allow for the 30-day pre-hearing notice required by the CAA in all ofthe state's

11 air regions. Hearings were rescheduled for June 8 and 28, 2011; to facilitate hearing

efficiency, the Agency and Stericycle were directed by the hearing officer to pre-file answers to

I The TSD is entitled "Control Options and Associated Costs ofComplying with the Proposed

Revisions to 35 Illinois. Administrative Code, Part 229: HospitallMedicallInfectious Waste

Incinerators", AQPSTR10-08, IEPA (Dec.IO, 2010)

2 USEPA adopted its "Standards of Performance for New Stationary Sources and Emissions

Guidelines for Existing Sources: HospitallMedicallInfectious Waste Ineinerators" at 74 Fed.

Reg. 51368 (Oct. 6,2009). States were required to have State Implementation Plans (SIP)

revisions with the new incinerator rules filed within a year of the date of USEPA promulgation

ofthe new rules, i.e. by October 6,2010. Section I29(b)(3) ofthe federal Clean Air Act (CAA),

42 USC7429(c), requires USEPA to develop a Federal Implementation Plan (FIP) within two

years offederal rule promulgation i.e. by October 6,2011.
questions concerning the previously-prefiled testimony. See hearing officer order (Apr. 20,

20 11)3

Stericyle prefiled testimony and answers fix the first hearing on May 23, 20 II, and the

Agency filed its answers and first en'ata sheet on May 25, 2011. The first hearing was held in

Clinton on June 8, 2011, and the second is scheduled for June 28, 2011 in Chicago.

JUNE 8,2011 HEARING

Hearing" commenced as scheduled in Clinton on June 8, 2011. The Agency was

represented by Attorney Charles Matoesian, who was accompanied by witness Dixon Nwaji.

6/8/11 Tr. at 6, Stericycle was not represented by an attorney. Stericyle's spokesman was Selin

Hoboy, its vice-president of legislative and regulatory affairs. 6/8/11 Tr. at 7. Ms. Hoboy was

accompanied by Stericycle's Rick Gabey, Regional Operations Director, Jim Nold, Plant

Operations Manager, and Wade Van Zee, Manager ofEnvironmental Quality. Id.

The Agency and Stericycle each presented one witness, and six exhibits5 were offered

and admitted into the record. These included Exhibit 2, an agreed-upon revision ofthe

3 The hearing officer order stated:

But, the hearing officer notes that the Board could still timely adopt rules on the

schedule preferred by the Agency ifthe Board adopts a first notice proposal no

later than the Board meeting scheduled for June 16, 2011.

The Board hypothetically could adopt the Agency's proposal as drafted for first

notice without commenting on the merits ofthe proposal in advance of any

hearings, But, given Stericycle's prefiled testimony concerning the proposed

compliance dates, Board action in advance of hearing could be misconstrued as

prejudgment on the merits ofthe proposal without allowing Stericycle to be heard.

Under these circumstances, it would be most helpful ifthe June 8 hearing could

develop a record for Board deliberation that makes clear any agreements or

disagreements the Agency and Stericycle have concerning the other's respective

positions on the proposal. So, Board staff has taken steps to encourage the

participants to refine their thinking concerning the Agency's proposal and

Stericycle's testimony concerning the proposed compliance dates. Attached to

this order are questions concerning the previously-filed testimony, which this order

requests that the Agency and Stericyle respond to in writing in advance of hearing,

on or before May 23, 2011. Hearing officer order (Apr. 20, 2011) at p, 3,

4 The transcripts ofthe two hearings were not consecutively numbered, Accordingly, hearing

transcript are cited as "6/8/11 Tr." and "6/28/11 Tr."

5 Exhibit 1: Testimony ofDixon Nwaji, Environmental Protection Engineer, !EPA Air Quality

Planning Section, filed 2/18/2011; Exhibit 2: 6/8/11 Amendments Agreed to by IEPA &

Stericycle to 35 Ill. Adm. Code 229,115 "Compliance Schedules for HMIWIs That Will
compliance dates to reflect discussions between IEPA and Stericyle resolving concerns

expressed about the originally proposed compliance dates by Stericycle in pre-filed testimony.

6/8/1 I Tr. at 10- 11, Both participants agreed to a minor language modification in Section

229,115 (b)(2)(B)(vii) suggested by the hearing officer and indicated on the face of Exhibit 2.

6/8/1 I Tr. at 15,

Testimony ofIEPA's Dixon Nwaji

The Agency presented the prefiled testimony of Dixon Nwaji an Environmental

Protection Engineer in the Agency's Air Quality Planning Section. The testimony was entered

into the record as if read as Exhibit 1. See 6/8/1 ITr. at 9, Mr. Nwaji summarized much ofthe

material in the TSD submitted by the Agency along with its proposal.

Since April 1991, Mr. Nwaji's responsibility in this capacity has included tracking the

development ofregulations under section I 12 ofthe federal CAA, including the national

emission standards for hazardous air pollutants (NESHAPS) and related regulations under

Section 129 ofthe CAA. Mr. Nwaji also provides outreach to the regulated community and

other stakeholders in the implementation ofthe regulations. Exh, I at unnumbered p. 2,

Regulatory Baekground. Mr. Nwaji reminded that the CAA requires the USEPA, in

order to protect public health and welfare, to promulgate maximum achievable control

technology standards (MACT) for the control of emissions of listed pollutants from HMIWI.

MACT standards are based on the maximum degree of reduction in emissions oflisted toxic air

pollutants already being achieved by the best-controlled and lower-emitting sources in an

industry group (in this instance, the HMIWI source category). The listed pollutants are hydrogen

chloride, carbon monoxide, lead, cadmium, mercury, particulate matter, oxides of nitrogen,

sulfur dioxide, and dioxin/furans, Exh. I at unnumbered p, 2.

Mr. Nwaji then reviewed the history ofthe rules at issue here, Mr. Nwaji stated that on

September 15, 1997, USEPA published new source performance standards (NSPS) for new

HMIWI units, and emissions guidelines (EG) for existing HMIWI units (the 1997 NSPS/EG

standards), Illinois adopted rules codified as 35 III. Adm. Code Part 229, and USEPA approved

as part ofthe lllinois SIP rules that reflect the emissions guidelines under the 1997 NSPS/EG

standards. Exh. I at unnumbered p, 3.

Continue to Operate"; Exhibit 3: IEPA 5/25/1 I Answers and First Errata to Questions

Regarding Hospital/Medieal/ Infectious Waste Incinerators; Exhibit 4: Stericycle Inc. Testimony

on Amendments to 35 III. Adm. Code Part 229: HMIWI, filed 2/22/201 I(signed by Selin Hoboy,

VPLegislative and Regulatory Affairs); Exhibit 5: 5/23/11 Stericycle Inc. Testimony on

Amendments to 35 III. Adm. Code Part 229: HMIWI, signed by Selin Hoboy, VP Legislative and

Regulatory Affairs); Exhibit 6: 6/23/20 II Hearing officer order in RI 1-24 addressing questions

to IEPA and Stericycle re their respective filings of 5/25/201 I & 5/23/20 I I.
On March 2, 1999, the U.S. Court of Appeals for the District of Columbia Circuit in a

case challenging USEPA's methodology in deriving the 1997 MACT standards, remanded the

rule for further explanation from USEPA of its derivation ofthe standards. Since the appellate

court did not vacate the rule, rule requirements remained in effect during the remand and were

fully implemented by September 15,2002. Then, on October 6, 2009, the USEPA, in response

to the appellate remand, published revised NSPS and EG for HMIWI units (the 2009 NSPS/EG

standards). The amended standards addressed issues raised in litigation by petitioners, and also

satisfied USEPA's obligation under the CAA to conduct a review of the HMIWI MACT

standards every five years. Exh. 1 at unnumbered p. 3.

With the promulgation of the 2009 NSPS/EG standards, IEPA is required under the CAA

to submit a revised SIP to address the new requirements under the revised emissions guidelines.

Exh. 1 at unnumbered p. 3.

Waste Treatment by Medical Waste Incineration. Mr. Nwaji testified that the

proposed amendments to 35 III. Adm. Code Part 229 will substantially reduce emissions of

hazardous air pollutants (HAPs) and criteria pollutants from medical waste incinerators, also

referred to as HMIWI. He explained that medical waste incinerators are major sources of

persistent, bioaccumulative, and toxic pollutants such as lead, cadmium, dioxins/furans, and

mercury. These pollutants are known or suspected to cause serious health effects, such as cancer,

birth defects, and lung defects as well cause adverse environmental and ecological effects. The

reductions in emissions ofthese toxic pollutants that wiIJ be achieved from the implementation

ofthe proposed amendments wil1 accordingly benefit public health and the environment. Exh. I

at unnumbered p. 3.

Mr. Nwaji explained that incineration is among the existing waste treatment technologies

used to process medical waste to make it biological1y and chemically safe for disposal in a

landfill. The advantages of incineration include destruction of pathogens and hazardous

organics, reduction in the volume of material combusted, and energy recovery. In addition,

incineration leaves wastes unrecognizable after treatment. But, a major disadvantage of

incineration as a treatment method is the public health risk posed by the emissions of hazardous

air pol1utants from the waste incineration process. Other waste treatment technologies such as

autoclaving (and landfil1ing), gas/vapor sterilization, chemical disinfection, thermal inactivation,

microwave sterilization and others are being embraced as alternative treatment options to

incineration as they do not pose the level ofpublic health risk that incineration does. Exh. 1 at

unnumbered p. 3.

Mr. Nwaji noted that each waste treatment method presents its own performance issues

and environmental impacts. The alternative treatment options to varying degrees are not as

effective as incineration when used to treat certain waste types such as pathological,

chemotherapy and pharmaceutical wastes. In terms of environmental impacts, autoclaving, for

example, does not achieve the volume reduction as incineration, and that some medical wastes

that are autoclaved may require more landfill space than if incinerated. Other environmental

impacts associated with landfilling of autoe1aved medical wastes include landfil1 gas emissions,

landfill leachate issues, and impacts of waste transportation traffic. Exh. I at unnumbered p. 3.
SummalY of Proposed Revisions. Mr. Nwaji stated that emission limits under the 2009

NSPS/EG standards are far more stringent than the 1997 NSPS/EG standards, and that most of

the HMIWI units nationwide (including units located in Illinois) would need to improve

performance in order to comply with amended standards. The CAA requires that the standards

under an approvable SIP be at least as protective as those under the promulgated emissions

guidelines. Mr. Nwaji stated that the proposed revisions to Part 229 "are deemed equivalent in

stringency to the amended standards under the 2009 NSPS/EG standards." Exh. I at

unnumbered p. 3-4.

Mr. Nwaji said that the proposed emissions limits apply at all times, including during

periods of startup, shutdown and malfunction (SSM). Since the regulatory exemption provision

in the 1997 NSPS/EG standards that allowed facilities under MACT programs to exceed

emission limits during periods of SSM was vacated in 2008 by the D. C. appellate court, that

provision is deleted from the rules in the proposed revisions to Part 229. Exh. ] at unnumbered

p.4.

Also deleted from the rules in the proposed revisions are percent reduction limits for

hydrogen chloride, lead, cadmium, and mercury. Because the approach used in determining

percent reduction limits for these pollutants under the 1997 NSPS/EG standards did not account

for nontechnology factors that also affect emissions from HMIWI, the use of percent reduction

limit as an option for compliance demonstration was deleted from the 2009 NSPS/EG standards.

Exh. I at unnumbered p. 4.

Emissions from HMIWI units depend greatly on the materials that are combusted.

Enhanced waste management practices such as waste segregation at the point of generation,

purchasing ofrecycled or recyclable products, and good combustion control practices are

effective pretreatment strategies for reducing emissions of certain target pollutants.

Occupational Safety and Health Administration (OSHA) requirements preclude commercial

HMIWI operators from segregating medical waste received from client waste generators for

treatment. Taking into account the effectiveness of waste segregation as a pretreatment strategy,

the proposed revisions include a requirement that commercial HMIWI operators provide training

and education in waste management practices, and ensure that each client develops its own waste

management plan that includes elements such as waste segregation and purchasing ofrecycled or

recyclable products, among others. Exh. I at unnumbered p. 3-4.

The proposed revisions include additional stack testing requirements, and a provision that

would allow for the use of previous test(s) results for initial compliance demonstration if certain

criteria are met. Also included is the provision that would allow HMIWI operators to forego

required annual test(s) for the subsequent two years if all three annual tcst(s) over a three-year

period indicate compliance with the applicable limits for particulate matter, carbon monoxide, or

hydrogen chloride. The proposed revisions also include the requirements for a one-time visible

emissions test of ash handling operations, and annual equipment and air pollution control

device(s) inspections. Exh. I at unnumbered p. 4.

Finally, the proposed revisions include a provision for a phased schedule for compliance

with the amended emission limits. The phased schedule is provided to enable HMIWI operators
that may need to install and/or modify equipment in order to demonstrate compliance with the

amended emission limits. Exh. 1 at unnumbered p. 4.

Affected Sources. Mr. Nwaji stated that there are two known existing HMIWI units in

operation in Illinois that are subject to Part 229 requirements. The two units are both categorized

as large based on waste charging capacity, and are commercially operated by Stericycle, Inc

(HStericycle"), at its Clinton facility. Exh. 1 at unnumbered p. 4. Stericycle is a major provider

of medical waste management services. In addition to its use of incineration to treat medical

waste, Stericycle also uses other alternative treatment methods such as its proprietary ElectroThermal Deactivation and autoclaving to process waste at its other facilities outside the state. Id.

at unnumbered p. 4-5.

Cost and Economic Impacts. According to Mr. Nwaji, under the existing Part 229

standards, an initial performance test (for all target pollutants) and subsequent annual tests (for 3

of the target pollutants) are required for compliance demonstration. Based on the results of past

performance tests, Mr. Nwaji stated that neither ofthe two known HMIWIunits (as configured)

meet all the emission limits for the target pollutants in the proposed revisions. In other words,

the 2 Stericycle HMIWI units at the Clinton facility would need to improve performance by

installing control systems, adding incremental controls, using any ofthe alternatives to

compliance, or some combination ofthese measures to meet the proposed standards. Exh, I at

unnumbered p. 4.

Mr. Nwaji's analysis of USEPA's data developed for the 2009 NSPSIEG standards

rulemaking shows an estimated total capital cost to Stericycle for compliance with the proposed

revisions of approximately $2.3 million for the 2 HMIWI units, He estimates that the total

annual cost of compliance as approximately $700,000. Mr. Nwaji commented that autoclaving

followed by landfilling is considered a viable alternative to incineration. Ifthis alternative

disposal option is used by Stericycle, Mr. Nwaji estimated Stericycle's compliance costs for the

2 HMIWI units to be a total capital cost of approximately $98 I,000, and a total annual cost of

approximately $526,000. Exh, 1 at unnumbered p, 5.

Mr. Nwaji stated that, based on the analysis of data used in developing the 2009

NSPS/EG standards on which the proposed revisions to Part 229 are based, it is not expected that

the incremental costs of compliance will significantly impact commercial operators and waste

generators, whether the costs are absorbed or passed On to customers. The additional costs,

imposed by the proposed revisions both to commercial operators and waste generators, will

accelerate the trend towards alternative waste treatment options such as autoclaving. For the

waste generators, the additional costs serve as incentive to implement enhanced waste

management practices such as waste segregation to reduce cost of disposing their waste by

minimizing the amount of waste sent offsite for treatment. For the commercial operator(such as

Stericycle), it is expected that this will translate to a decline in the quantity of medical waste

received for treatment, as well as declines in treatment costs, incineration revenues, and profits.

Exh. I at unnumbered p. 5.

Mr. Nwaji concluded that, in developing the proposed revisions to Part 229,IEPA

reviewed and relied upon the documents detailing results of USEPA's analyses of data used in
developing the 2009 NSPS/EG standards on which the proposal is based. In Mr. Nwaji's

opinion, the proposal to amend the existing Part 229 standards is both technically and

economically feasible. Exh. I at unnumbered p. 4.

Answers to Questions Deferred at Hearing. Questions concerning Mr. Nwaji's

testimony (Exh. I) and the Agency's Answers to Questions and the Agency's First Errata Sheet

(Exh. 3) were posed in a June 3, 2011 hearing officer order, entered into the record as Exh. 6.

Many ofthese questions asked whether particular technical revisions to rule text (but not

compliance dates) would be acceptable to the Agency. Mr. Matoesian stated that the IEPA was

not prepared to respond at that time, but that IEPA would attempt to provide written answers on

June 13,201 I. 6/8/11 Tr. at 18,23. These answers would then be further addressed at the

second hearing on June 28,2011, if necessary.

Answers and Second Errata Sheet. On June 13,2011, the Agency filed the promised

answers to questions in Exhibit 6 in the filing entitled "lIlinois EPA Answers and Second Errata

to Questions Regarding Hospital/Medical/Infectious Waste Incinerators". These changes were

technical changes to cross-references, addresses for obtaining materials incorporated by

reference, and the like. The largest change is inclusion oftext concerning HWIMI shutdown in

Section229.1 16(c) similar to that in the USEPA rules.

Testimony of Stericycle's Selin Hoboy

After the Agency's presentation, Stericycle's Selin Hoboy presented a short statement.

Ms. Hoboy did not present the text of the two previous Stericycle prefiled statements; these were

entered into the record as Exhibits 3 & 4. Ms. Hoboy stated that Stericycle was present at

hearing "to add comments to our prefiled testimony." 6/8/1 I Tr. at 13. These prefiled

statements will be summarized below, prior to summary ofthe balance of Ms. Hoboy's oral

testimony.

Stericycle's February 22, 2011 Filing. In its initial filing, Stericycle explained that

Stericycle is headquartered in Lake Forest, lIlinois. Stericycle is a publicly traded company

(SRCL) which employs over 5000 people in the United States and over 8000 worldwide.

Stericycle is the leading provider of compliant healthcare waste services to over 400,000

customers, including local health departments and public facilities. Within lIlinois, Stericycle

employs approximately 600 employees with I treatment facility in Clinton, 2 corporate function

facilities in the Chicago area, and 2 transportation facilities. Currently Stericycle operates 6

incineration treatment locations operating 8 incinerator units throughout the U.S., including the

Clinton facility. Ex. 3, p. 1.

Stericycle stated that it acknowledges that it is subject to the Part 229 rules, and that the

Agency-proposed amendments to the rules are necessary under the CAA. Stericycle's sole

concern was about the compliance schedule as proposed: i.e. January I, 2014 ultimate

compliance date and interim dates:

Section 229.115 Compliance Schedules for HMIWIs That Will Continue to Operate
!:U On and after January 1.2014. each owner or operator of an HMIWI. as defined in

Section 229.110 (a)( I) or (a)(2) of this Part. and subject to the emissions limits

under Section 229.125(c) or (e) of this Part. as applicable. or Section 229.126(c)

ofthis Part. shall comply with the applicable provisions ofthis Part according to

the following schedules:

1.1 Except as provided in paragraph (2) ofthis subsection and unless

another date is specified in the provisions of this Part. all owners or

operators ofHMIWls shall comply with all of the provisions of

this Part by January I, ?O I4.

21 Except as provided in paragraph (3) of this subsection, the owner

or operator of an HMIWl may have until Oetober 6.2014, to

comply with this Part. To avail themselves ofthis extended

compliance timeframe. the owner or operator of an HMIWI shall

do all ofthe following:

A) Submit its CAAPP application to the Agencv. on or before

January L 2013, requesting an extended compliance

schedule. pursuant to Section 39.5(5)(d) of the Act. [415

ILCS 5/39.5(5)(d)]. This compliance schedule shall

include documentation supporting the need for an

extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this

Part that at a minimum, meet the increments of progress

specified in subsection (b)(2)(B) ofthis Section;

ill Meet the following increments of progress by the dates

indicated:

i} Finalize all contracts for the purchase of either

pollution control equipment, process modification

or control systems by July L 201 I;

ill Commence the implementation of either the process

modifications or the necessary construction or

installation of air pollution control devices for the

HMIWI by April I, 20] 2;

iii} Complete either the process modifications or the

installation or construction ofthe new air pollution

control equipment by January 1,2013;

ill Perform initial startup of the retrofitted HMIWI by

July 1,2013; and
v) Complete the initial performance test in accordance

with Section 229.142 of this Part within 180 davs

after initial startup. Exh. 3 at 2-3, citing IEPA

12/23/1 0 proposal.

Stericycle proposed an alternate schedule helow that identifies a final compliance date of

August I, 2014 (Exh. 3 at 4):

Increments of progress Stericvcle Proposed Date

i) Finalize all contracts for the purchase of either pollution August I, 2012

control equipment, process modification or control

systems

ii) Commence the implementation of either the process March I. 2013

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Complete either the process modifications or the September 1,2013

installation or construction of the new air pollution control

Exh.4 at 2.

Stericycle articulated five concerns, which it believed were met by its alternate proposal:

1. The time required to perform the requisite retrofit activities at the Clinton facility as

outlined in the alternate schedule. The new HMIWI regulations will require very significant

reductions in emissions from medical waste incinerators. U.S. EPA's new limits are so

stringent that there is not an existing commercial HMIWI in operation anywhere in the U.S.

that has demonstrated the ability to meet all of the new emission standards. As such,

substantial air pollution control equipment changes and data acquisition system

improvements/changes are going to be required at all HMIWI to comply with the new

emission limits.

2. u.S. EPA identified three different air pollution control (APC) systems that would be

employed to meet the new emission limits. Most HMIWI are currently equipped with some

variation ofthese three systems; however, equipment upgrades, improvements,

reconfiguration, etc. will still be required for these systems to reliably and consistently

comply with the new limits. u.s. EPA acknowledges this fact and further encourages States

to adopt the full implementation schedule in the preamble to the rule as follows:

"The proposed amendments... would allow existing HMIWI to demonstrate

compliance with the amended standards within 3 years from the date of approval of a

State plan or 5 years after promulgation ofthe revised standards, whichever is earlier.

Consistent with CAA [Clean Air Act] section 129, EPA expects states to require

compliance as expeditiously as practicable. However, because we believe that

many HMIWI will find it necessary to retrofit existing emission control

equipment and/or install additional emission control equipment in order to meet

the proposed revised limits, EPA anticipates that States may choose to provide

the maximum compliance period allowed by CAA section 129(f)(2). (emphasis
added). Federal Register / Vol. 73, No. 231 / Monday, December 1,2008, Page

72974.

3. The time required to develop and to submit the construction permit application for the

retrofit activities and then adequate time to allow IEPA to review the application and issue

the resulting air permit must be accounted for. There are tasks beyond Stericycle's control

that will have an impact on the implementation schedule, and the feasibility of meeting the

time frames. Specifically, the administrators ofthe State Plans (such as IEPA) will need time

to review and approve designs and construction plans/permit applications, as well as test

results. In addition, the public will have an opportunity for review and comment. Stericycle

recognizes that certain construction/retrofit activities may not be started without the requisite

agency approvals and/or permits. Based on Stericycle's past experience with implementation

ofthe 1997 HMIWI Rule, the time required for these events to occur will be significant,

regardless of how quickly the actual work to install the upgrades is accomplished. The

January I, 2014 deadline is insufficient time to allow for these events, and the upgrade work,

to occur.

4. The anticipated shortage of external engineering and air pollution control vendors and the

extended delivery times due to a drain on these industries associated with U.S. EPA

regulatory deadlines including the HMIWI regulations and Boiler MACT. The HMIWI

industry will be competing for engineering and air pollution control resources with other

industrial sectors that will influence the availability and lead time for equipment and services.

Other Federal air quality rules (e.g., Boiler MACT/ClSWl) have similar compliance

schedules and will put a significant demand on engineering and APC resources. The large

industrial sectors impacted by those rules (e.g. utilities, industrial manufacturing sources)

have a larger market share and "buying power" than the HMIWI sector, and Stericycle may

be pushed to "the back ofthe pack" when attempting to contract for these resources.

5. The time required to efficiently plan and stage the equipment and personnel to retrofit

eight (8) HMIWI across the U.S. while maintaining the ability to service Stericycle

customers.

6. Any individual improvements made to an HMIWI APC to positively impact the emissions

of one pollutant, may actually have an opposite effect and negatively impact the emissions of

another pollutant. As such, an appropriate implementation schedule is not only necessary to

upgrade/install/improve the APC systems as a whole, but to evaluate the performance of

these systems and ensure reliable, consistent compliance with all of the emission limits.

The APC evaluation will require pre-testing to confirm proper system operation and the

ability to demonstrate compliance with the new limits. Actual testing ofthe HMIWI with

retrofit APC will include scheduling a testing company, performing a test, receiving results,

and possibly re-evaluating or making minor system adjustments as necessary to demonstrate

future compliance. This is especially true with the very low emission limits associated with

the new rule. Reliable compliance with these limits will likely require a lengthy shakedown

period.
As a result, Stericycle must plan for contingency time to perform the shakedown of the new

equipment at the Clinton facility in advance of conducting the Initial Performance Test. Exh.

4 at 2-6.

Stericycle's May 25, 2011 Filing. After additional conversations with IEPA, and in

response to questions contained in an April 20, 20 I I hearing officer order, in a May 25, 20 I I

filing (Exh.5), Sterieycle proposed another compliance schedule:

Increments of prOl!ress Stericvcle Proposed Date

Stericycle will submit construction pennit application January I, 2012

i) Finalize all contracts for the purchase of either pollution August I, 2012

control equipment, process modification or control

systems

ii) Commence the implementation of either the process March 1,2013

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Complete either the process modifications or the September 1,2013

installation or construction of the new air pollution control

equipment

iv) Final compliance June21,2014

v) Complete the initial performance test in accordance October 6, 20 14

with

Section 229.142 ofthis Part

Exh. 5 at 2, fn. omitted

Ms. Hoboy's testimony. Ms. Hoboy stated that Stericycle had reviewed the proposed

amendments, and worked with IEPA to review alternative time frames and dates for

demonstrating compliance. Ms. Hoboy then read from the agreed upon changes to the rules

memorialized in Exhibit 2. 6/8/11 Tr. at 13-16. To allow for an easy comparison, this

information has been entered below into a table ofthe sort earlier prepared by Stericycle:

Increments of progress Agreed Compliance Date

No Later Than

i) Finalize all contracts for the purchase of either pollution August 1,2012

control equipment, process modification and control

systems

ii) Commence the implementation of either the process March 1,2013

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Complete either the process modifications or the September I, 2013

installation or construction ofthe new air pollution control

equipment

iv) Achieve final compliance which includes June 1,2014

incorporating all process changes, and/or completing
retrofit construction as described in the final control plan

connecting the air pollution control equipment or process

changes such that thc unit is brought online and ensuring

that all necessary process changes and air pollution control

equipment are operating properly

v) Complete the initial performance test in accordance October 6. 2014

with

Section 229.142 ofthis Part

vi) Submit the results of the initial performance test and 60-days following initial

revised waste management plans to IEPA performance tests

vii) Submit notification to IEPA within 10 business days Various

of completing or failing to complete i)-v) above

In response to questions by Board staff, Ms. Hoboy agreed that the milestone date of January 1,

2012 in Section 229.1 15(b)(2)(A) was agreeable to Stericycle, 6/8/11 Tr. at 17, and that Stericycle

would do everything in its power to comply with the agreed-upon dates. 6/8/11 Tr. at 20.

ADOPTION OF FIRST NOTICE PROPOSAL

The Board adopted its first notice proposal on June 16, 2011, granting the Agency's

motion for expedited deeision. The first notice proposal contained the text of the Agency's

proposal as amended by the Agency to date in its May 25 and June 13,2011 errata sheets, and

also contained the compliance dates agreed to by Stericycle at the first hearing.

The Illinois Register publieation ofthe first notiee proposal was at 35 Ill. Reg. 10224

(July I, 2011). This publication initiated the 45-day publie comment period, expiring August 16,

2011.

In preparing the first notice text, JCAR suggested several minor changes which are

included in the Board's second notice order below. But, the Board does not make certain

changes which the Board believes are the result ofscrivener's error. These occur in the

definitions in Section 229.102. The definition being added for "minimum reagent flow rate"

must continue to be underlined. The definition being amended for "minimum secondary

chamber temperature" must show only the added words as underlined. (Some confusion may

have been introduced by the Agency's original proposal to strike the existing definition in its

entirety, and then propose a new definition with minimal additions-the order below shows the

amendment intended.)

JUNE 28, 2011 HEARING

The second hearing was held in Chicago on June 28, 2011. The Agency was again

represented by Attorney Charles Matoesian, who was again accompanied by witness Dixon

Nwaji. 6/28/11 Tr. at 4. Stericycle was not represented by an attorney. Stericyle's spokesman

was again Selin Hoboy, its vice-president of legislative and regulatory affairs. Ms. Hoboy was

accompanied by Stericycle's Rick Gabey, Regional Operations Director. ld. No other

participants were present at the hearing.
No additional testimony was presented at the very short (14 transcript pages) hearing.

The participants discussed various date discrepancies in documents, but agreed that the numbers

appeared correctly in the Board's June 16,20 II opinion. 6/28/11 Tr. at 6-12. The participants

agreed to tile any closing comments no later than August 16,2011, to allow for the possibility of

Board adoption of a second notice opinion and order at the Board's August 18, 20 I I meeting.

No written closing comments were filed by either the Agency or Stericycle.

PUBLIC COMMENT 1 (lEPA)

The Agency tiled closing comments on August 16, 20 II, which it captioned as its "first

notice comments and third errata" and which the Board docketed as PC I. The Agency

requested changes in three specific subsections of 35 III. Adm. Code Section 229.142 "Initial

Performance Testing and Establishment of Operating Parameters for all HMIWIs":

I. The Agency believes it made a typographical error which is retleeted in the Boards

order at Section 229.142(b)(I). In the Board's order ofJune 16,20 II, subsection

(b)(I) stated "[e]xcept as provided in Section 229.115(a)(2)(B)(v) of this Par!..." The

citation contains an error, the text should read, "[e]xcept as provided in Section

229.115(b)(2)(B)(v) (a)(2)(B)(v) ofthis Part" PC I at I.

2. The Board also noted on page 13 of its June 16, 20 II, order that "[t]he first notice

proposal also retlects editorial changes to the Agency's proposal by the Board at

229.1 16(a)(2), (b) and (c), on which the Agency is encouraged to comment." Upon

reflection, the Agency disagrees with the Board's changes to 229.116(a)(2) and (b)

removing cross situations to subsection to (a)(I). The Agency accordingly requests

that the text be changed to read as follows:

***

2) On or before January 1,2013, except as provided for in Section

229.1 16(c), for an HMIWI as defined in Section 229.110 (a)m or (a)(2)

of this Part subject to the emissions limits under Section 229.125(c), as

applicable, or Section 229.J26(c) ofthis Patio

3. b) Take the following affirmative steps to demonstrate that the HMIWI has been

rendered permanently inoperable by September 15,2000, for an HMIWI as defined in

Section 229.110 (a)(1), or by January I, 2014 for an HMIWf as defined in Sections

229.110 (a)m and (a)(2) of this Patio PC I at 2.

The Agency continued to agree with the Board's editorial change to Section 229.11 and

requested no change in that subsection. PC 1 at 2.

DISCUSSION

The Board granted the motion for expedited review on June 16, 20 II, ordering second

notice publication ofthe rules. Consistent with grant ofthe motion, the Board today adopts a
second notice proposal substantively unchanged from that published at first notice. The second

notice proposal includes the Agency's original proposal. as amended by the May 25, 20 II and

June 13,20 II errata sheets, and the agreed-upon compliance dates presented at the June 8, 20 II

hearing. The second notice proposal also reflects editorial changes to the Agency's proposal by

the Board at 35 Ill. Adm. Code 229.116 (c), with which the Agency agreed. But, the order

restores language in 229.116 (a)(2) and (b) consistent with the Agency request in PCI, and

similarly corrects the Agency's typographical error repeated by the Board in Section

229.142(b)(I)

The record developed demonstrates that Illinois must timely adopt more stringent rules to

regulate HMIWI consistent with USEPA rules. Stericyle agrees that the rules must be amended,

and agrees that the compliance dates as amended during the course of this proceeding are

achievahle, The undisputed economic data placed in the record to date indicates that the

economic impacts ofthese rule amendments emanate from the CAA and USEPA rules they

mirror. The Board accordingly finds that this record demonstrates, within the meaning of

Section 27(b) ofthe Act that there is no "adverse economic impact on the People ofthe State of

lIlinois"

ORDER

The Board directs the Clerk to submit the following rules to the Joint Committee on

Administrative Rules for second notice review under the APA, New language is indicated by

underlining, and language to be deleted by strike-through,

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY

SOURCES

PART 229

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS

SUBPART A: GENERAL PROVISIONS

Section

229.100

229,102

229,104

Abbreviations

Definitions

Incorporations by Reference

SUBPART B: APPLICABILITY

Section

229,110

229,112

General Applicability

Exemptions
Section

229.115

229.116

Section

229.120

Section

229.125

229.126

Section

229.130

SUBPART C: COMPLIANCE SCHEDULES

Compliance Schedules for HMIWls That Will Continue to Operate

Compliance Schedules for HMIWls That Will Shut Down

SUBPART 0: CAAPP PERMIT REQUIREMENTS

CAAPP Permit Requirements

SUBPART E: EMISSION2. LIMITS

Emission!; Limits for Small, Medium, and Large HMIWIs

Emission!; Limits for Rural HMIWIs

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Operation During Periods of Startup, Shutdown, or Malfunction (Repealed)

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Section

229.142

229.144

229.146

229.148

229.150

229.152

229.154

229.156

229.158

229.160

229.162

229.164

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Performance Testing and Establishment of Operating Parameters for All

HMIWls

Subsequent Performance Testing for All HMIWIs

Annual Testing for Opacity

Annual Performance Testing for All Small, Medium and Large HMIWls

Compliance with Operating Parameter Values

Compliance Requirements for HMIWls Using CEMS

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric Filter

Violations by HMIWIs Equipped with a Wet Scrubber

Violations by HMIWls Equipped with a Dry Scrubber Followed by a Fabric Filter

and a Wet Scrubber

Compliance Requirements for Rural HMIWls

Inspection Requirements for All R-Hffit HMIWIs

Optional Performance Testing to Address Actual or Potential Violations
Section

229.166

229.168

Section

229.170

229.172

Section

229.176

229.178

229.181

Section

229.182

229.184

SUBPART 1: MONITORING REQUIREMENTS

Monitoring Requirements for All Small, Medium, and Large HMIWIs

Monitoring Requirements for Rural HMIWIs

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Operator Training and Qualification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWIs

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Waste Management Plan Requirements for Hospitals Using On-Site Incinerators

Waste Management Plan Requirements for Hospitals Transporting Waste Off-Site

to an HMIWI Waste Management Requirements for Commercial HMIWIs

Accepting 'Haste Generated Off Site

Waste Management Plan Requirements for Other HMIWIs

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Recordkeeping Requirements

Reporting Requirements

229.Appendix A

229.Appendix B

229.Appendix C

Toxic Equivalency (TEQ) Factors

Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Reference Test Methods and Procedures for Performance Tests

AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe

Environmental Protection Act [415 ILCS 5/1 0, 27, 39 and 39.5]

SOURCE: Adopted at 23 Ill. Reg. 6477, effective May 15,1999; amended in RII-20 at 35 Ill.

Reg. , effective _

SUBPART A: GENERAL PROVISIONS

Section 229.100 Abbreviations

The following abbreviations have been used in this Part:

Act Illinois Environmental Protection Act [415 ILCS 5]
Agency

Board

Btu

CAAPP

Cd

CEMS

CO

d5€f

Els€ffi

f~;

gr/I03 dscf

gr/l 09 dscf

gr/dsef

HCI

Hg

HMIWI

hr

Ib(s)

mg/dscm

ngldscm

NO,

Pb

PM

ppmv

S02

TEQ

USEPA

Illinois Environmental Protection Agency

Illinois Pollution Control Board

British thermal units

Clean Air Act Permit Program [415 ILCS 5/39.5J

cadmium

Continuous Emissions Monitoring System

carbon monoxide

dry slafldard cubic fool

dry slafldard cubic meIer

cubic foet

grains per thousand dry standard cubic feet

grains per billion drv standard cubic feet

grains per dry standard cubic foot

Hydrogen chloride

Mercury

Hospital/Medical/Infectious Waste Incinerator

hour

pound(s)

milligrams per dry standard cubic meter

milligrams

nanograms per dry standard cubic meter

Nitrogen Oxide

Lead

Particulate matter

parts per million by volume

Sulfur dioxide

Toxic equivalent equivaleflcy'

United States Environmental Protection Agency

(Source: Amended at 35 ilL Reg. ., effective -'

Section 229.102 Definitions

The definitions contained in this Section apply only to the provisions ofthis Part. Unless

otherwise defined herein and unless a different meaning of a term is clear from its context, the

definitions ofterms used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35lli. Adm. Code 201.102 or35 III. Adm. Code211.

"Bag leak detection system" means an instrument that is capable of monitoring PM

loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak

detection system includes, but is not limited to, an instrument that operates on

triboelectric. lightseattering, light-transmittance. or other effects to monitor relative PM

loadings,

"Batch HMIWI" means an HMIWI that is designed in such a way that neither waste

charging nor ash removal can occur during combustion,
"Biologicals" means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating

humans or animals or in research pertaining thereto.

"Body fluids" means liquid emanating or derived from humans and limited to: blood;

dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids;

semen and vaginal secretions.

"Bypass stack" means an alternative stack used for discharging combustion gases to the

atmosphere primarily to avoid severe damage to an air pollution control device or other

equipment.

"Charge" means the act of placing waste into an HMlWI for incineration.

"Chemotherapeutic waste" means waste material resulting from the production or use of

antineoplastic agents used for the purpose ofstopping or reversing the growth of

malignant cells.

"Co-fired combustor" means a unit combusting hospital waste or medicallinfeetious

waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an

enforceable requirement limiting the unit to combusting a fuel feed stream, of which JO

percent or less ofthe weight is comprised, in aggregate, of hospital waste and

medical/infectious waste as measured on a calendar quarter basis. For purposes of this

definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste

are considered "other" wastes when calculating the percentage of hospital waste and

medical/infectious waste combusted.

"Commercial HMIWI" means an HMIWI that offers incineration services for

hospital/medical! infectious waste generated offsite by firms unrelated to the firm that

owns the HMIWL

"Continuous emission monitoring system" or "CEMS" means a monitoring system for

continuously measuring and recording the emissions of a pollutant from an affected

facility.

"Continuous HMIWI" means an HMIWI that is designed to aJJow waste charging and ash

removal during combustion.

"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23,

incorporated by reference in Section 229. I04(d) ofthis Subpart.

"Dry scrubber" means an add-on air poJJution control system that injects dry alkaline

sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and

neutralize acid gases in an HMIWI exhaust stream, forming a dry powder material.

"Fabric filter" means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing Hue gas through filter bags.
"Facilities manager" means the individual in charge of purchasing, maintaining, and

operating an HMIWI, or the owner's or operator's representative responsible for the

management of an HM IWI. Alternative titles may include director of 1,\Ci lities or vice

president of support services.

"High air phase" means the stage of the batch operating cycle when the primary chamber

reaches and maintains maximum operating temperatures.

"Hospital" means any facility that has an organized medical staff, maintaining at least 6

inpatient beds and where the primary function ofthe facility is to provide diagnostic and

therapeutic patient services and continuous nursing care primarily to human inpatients

who are not related and who stay on average in excess of 24 hours per admission, This

definition does not include facilities maintained for the sole purpose of providing nursing

or convalescent care to human patients who generally are not acutely ill but who require

continuing medical supervision.

"Hospitallmedical/infectious waste incinerator" or "HMIWI" means any device that

combusts any amount of hospital waste or medicallinfectious waste.

"Hospital waste" means discards generated at a hospital, except unused items returned to

the manufacturer. The definition of hospital waste does not include human corpses,

remains, or anatomical parts that are intended for interment or cremation,

"HMIWI operator" means any person who operates, controls, or supervises the day-today operation of an HMIWI.

"Infectious agent" means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable of causing disease or

adverse health impacts in humans,

"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

"Large HMIW[" means:

An HMIWI whose maximum design waste burning capacity is more than 500 lbs

per hour; or

A continuous or intermittent HMIWI whose maximum charge rate is more than

500 lbs per hour; or

A batch HMIWI whose maximum charge rate is more than 4,000 Ibs per day.

"Low-level radioactive waste" means waste that contains radioactive nuclides emitting

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed

applicable Federal or State standards for unrestricted release. Low-level radioactive
waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as

defined by the Atomic Energy Act of 1954 (42 USC 20 14(e)(2»,

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, process equipment, or of a process to operate in a normal

or usual manner. Failures that are caused, in part, by poor maintenance or careless

operation are not malfunctions,

"Maximum charge rate" means:

For continuous and intermittent l-lMIWl, 110 percent ofthe lowest 3-hour average

charge rate measured during the most recent performance test demonstrating

compliance with all applicable emission limits specified in Subpart E of this Part,

For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E of this Palt,

"Maximum design waste burning capacity" means:

For intennittent and continuous HMIWI:

C=Pv x 15,000

8,500

Where:

C

Pv =

15,000 =

8,500 =

HMIWI capacity, Ib/hr

primary chamber volume, ft3

primary chamber heat release rate factor, Btu/ft3/hr

standard waste heating value, Btu/lb;

For batch HMIWI:

Where:

C

Pv

4,5

8

l-lMIWI capacity, Ib/hr

primary chamber volume, ftJ

= waste density factor, Ib/ft3

= typical hours of operation of a batch HMIWI, hours,

"Maximum fabric filter inlet temperature" means 110 percent ofthe lowest 3-hour

average temperature at the inlet to the fabric filter (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable dioxin/furan emission limit specified in Subpart E of this Part,

"Maximum flue gas temperature" means 110 percent ofthe lowest 3-hour average

temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute)
measured during the most recent performance test demonstrating compliance with the

applicable Hg emission limit specified in Subpart E ofthis Part.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or

immunization of human beings or animals, in research pertaining thereto, or in the

production or testing of biologicals. The definition of medical/infectious waste does not

include hazardous waste identified or listed under the regulations in 40 CFR 261;

household waste, as defined in 40 CFR 261 .4(b)(1); and domestic sewage materials

identified in 40 CFR 261.4(a)(1). For the purposes ofthis Part, medical/infectious waste

includes:

Cultures and stocks of infectious agents and associated biologicals, including:

vaccines and cultures intended for use in diagnosing, immunizing, or treating

humans or animals; cultures from medical and pathological laboratories; cultures

and stocks of infectious agents from research and industrial laboratories; wastes

from the production of biologicals; and discarded live and attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and body

fluids that are removed during surgery or autopsy, or other medical procedures,

and specimens of body fluids and their containers;

Human blood, any products derived from human blood, or anything that has been

in contact with human blood in any form;

Intravenous bags and associated tubing;

Sharps that have been used in animal or human patient care or treatment or in

medical, research, or industrial laboratories, including hypodermic needles,

syringes (with or without the attached needle), pasteur pipettes, scalpel blades,

blood vials, and needles with attached tubing;

Culture dishes, regardless ofthe presence ofinfectious agents, and culture dishes

and devices used to transfer, inoculate, and mix cultures;

Any type of broken or unbroken glassware that has been in contact with infectious

agents;

Animal waste, including contaminated animal carcasses, body parts, bedding of

animals that were known to have been exposed to infectious agents during

research (including research in veterinary hospitals), production of biologicals or

testing of pharmaceuticals;

Isolation wastes, including biological waste and discarded materials contaminated

with blood, excretions, exudates, or secretions from humans who are isolated to

protect others from highly communicable diseases, or isolated animals known to

be infected with highly communicable diseases; and
Unused sharps, including the following unused, discarded sharps: hypodermic

needles, suture needles, syringes, and scalpel blades.

"Medium HMIWf" means:

An HMIWf whose maximum design waste burning capacity is more than 200 Ibs

per hour but less than or equal to 500 fbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is more than 200 Ibs per hour but less than or equal to 500 Ibs per hour; or

A batch HMIWI whose maximum charge rate, as set by permit, is more than

1,600 Ibs per day but less than or equal to 4,000 Ibs per day.

"Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour

average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured

during the most recent performance test demonstrating compliance with the applicable

dioxin/furan emission limit specified in Subpart E ofthis Part.

"Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-hour average Hg

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable Hg emission limit

specified in Subpart E of this Part.

"Minimum HCI sorbent flow rate" means 90 percent ofthe highest 3-hour average HCI

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable HCI emission limit

specified in Subpart E ofthis Part.

"Minimum horsepower" or "minimum amperage" means 90 percent ofthe highest 3-hour

average horsepower or amperage to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable emission limits specified in Subpart E ofthis Part.

"Minimum pressure drop across the wet scrubber" means 90 percent ofthe highest 3-

hour average pressure drop across the wet scrubber PM control device (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating compliance with the applicable PM emission limit specified in this

Subpart E ofthis Part.

"Minimum reagent flow rate" means 90 percent of the highest 3-hour average reagent

flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating compliance with the applicable NOx emissions limit specified in Subpart

E ofthis Pa11.

"Minimum scrubber liquor flow rate" means 90 percent ofthe highest 3-hour average

liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute)
measured during the most recent performance test demonstrating compliance with the

applicable emission limits specified in Subpart E ofthis Part.

"Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average liquor

pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured

during the most recent performance test demonstrating compliance with the appl icable

HCI emission limit specified in Subpart E ofthis Part.

"Minimum secondary chamber temperature" means 90 percent ofthe highest 3-hour

average secondary chamber temperature (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable PM, CO,_~dioxin/furanJ!J.d NOx emissions limits specified in Subpart E of

this Part.

"Operating day" means a 24-hour period between 12:00 midnight and the following

midnight during which any amount of hospital waste or medical/infectious waste is

combusted at any time in an HMIWI.

"Operation" means any period during which waste is combusted in an HMIWI, excluding

periods ofstartup or shutdown.

"Pathological waste" means waste material consisting of only human or animal remains,

anatomical parts, tissue, and the bags or containers used to collect and transport the waste

material and associated animal bedding, if applicable.

"Primary chamber" means the chamber in an HMIWI that receives waste material, in

which the waste is ignited, and from which ash is removed.

"Rural HMIWI" means any HMIWI identified in Section 229.IIO(a) ofthis Part, that is

located more than 50 miles from the boundary ofthe nearest Standard Metropolitan

Statistical Area, as defined in OMB Bulletin No. 93- 17, ineorporated by reference at

Section 229.104(b) of this Part, meets the criteria specified in the definition of "small

HMIWI" and burns less than 2,000 Ibs per week of hospital waste and medical/infectious

waste (except the 2,000 Ibs per week limitation does not apply during performance

tcsting).

"Secondary chamber" means that component of an HMIWI that receives combustion

gases from the primary chamber and in which the combustion process is completed.

"Shutdown" means the period oftime after all waste has been combusted in the primary

chamber.

"Small HMIWI" means:

An HMIWI whose maximum design waste burning capacity is less than or equal

to 200 Ibs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is less than or equal to 200 Ibs per hour; or
A batch HMIWI whosc maximum charge rate, as set by permit, is less than or

equal to 1,600 Ibs per day.

"Startup" means the period oftime between the activation of an HMIWI and the first

charge of waste to the unit. For batch HMIWI, startup means the period oftime between

activation of an HMIWI and ignition of the waste.

"Wet scrubber" means an add-on air pollution control device that utilizes either an

alkaline or some other type ofscrubbing liquor to collect pollutants and/or neutralize acid

gases.

(Source: Amended at 35 Ill. Reg. , effective _

Section 229,104 Incorporations by Reference

)

The following materials are incorporated in this Part by reference. These incorporations by

reference do not include any later amendments or editions.

a) "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities,"

American Society for Healthcare Environmental Services, 840 North Lake Shore

Drive, Chicago, Illinois 60611 (1993).

I)

b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No.

93-17, OtTtce of Management and Budget, Washington, D.C. (June 30, 1993).

OtTtce of Management and Budget, National Technical Information Services,

5285 Port Royal Road, Springfield, VA 22161. (703) 487-4600.

I)

c) 40 CFR 60.8.

I)

d) 40 CFR 60, appendix A, Methods 1,2,3, 3A, 5, 9,10, lOB, 23, 26, 2M, 29.

e) 40 CFR 60, appendices Band F.

fl 40 CFR appendix A, Methods 3B, 6, 6C, 7, 7E, 22 (2010).

g} 40 CFR 60, subpart Ce and Ec (20 I0).

hl ANSI/ASME PTCI9.10-198L Flue and Gas Analyses, [Part 10, Instruments and

Apparatus). American National Standards Institute (ANSI), Attn: Customer

Service Department. 25 West 43'd Street, 4th Floor. New York, NY 10036. (212)

642-4980.

j} ASTM D6784-02, Standard Test Method for ElementaL Oxidized, Particle-Bound

and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources

(Ontario Hydro Method). American Societv for Testing and Materials (ASTM),

100 Barr Harbor Drive, PO Box C70, West Conshohocken, PA 19428-2959.

(610) 832-9585.
il "Fabric Filter Bag Leak Detection Guidance", U.S. Environmental Protection

Agency, (EPA-454/R-98-0 IS. September 1997). Superintendent of Documents.

U.S, Government Printing Office (GPO). P979050. St. Louis. MO 63197-9000.

(Source: Amended at 35 Ill. Reg,~~ .• effective j

SUBPART B: APPLICABILITY

Section 229.110 General Applicability

a) Except as provided for in subsections (b). Ie), (d) and (e) of this Section and

Section 229,112 of this Subpart. this Part applies to all HMIWls for which:

D Construction commenced either on or before June 20, 1996, or

modification was commenced either on or before March 16. 1998: or

;u Construction commenced either after June 20. 1996 but no later than

December 1,2008, or for which modification is commenced after March

16, 1998 but no later than April 6, 2010. This Part applies to all HMIWls

for "",hieh eonstruetioll eommeneea either on or 13efore June 20, 1996,

elwept as proviaed for in subseetions (13), (e), (a) ana (e) of this Seetioll

alld Seetion 229.1 12 of this Su13part.

b) An HMIWI otherwise subject to the emission limits in this Part is only subject to

the recordkeeping requirements set forth in Section 229. I82(b), (f) and (g) ofthis

Part during those periods when it combusts only pathological waste, low-level

radioactive waste, or chemotherapeutic waste, provided the owner or operator of

the HMIWI notifies the Agency of its intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.115(b)(I), Subpart D ofthis Part, or Section 39.5 ofthe Act.

c) An HMIWI that combusts only pathological waste, low-level radioactive waste,

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in SectionSeetions 229, 182(c), (f) and (g) of this Part, provided that the

owncr or operator of an HMIWI provides, by December IS, 1999, both the

Agency and the USEPA with a written certification of its status as an HMIWI

burning only the wastes listed in this subsection.

d) A co-fired combustor is subject only to the recordkeeping requirements set forth

in SectionSeetions 229.182(d), (f) and (g) ofthis Part, provided that the owner or

operator ofthe combustor is subject to a permit condition limiting its fuel feed

stream to co-fired combustor status, provides, by December 15, 1999, both the

Agency and USEPA with a written certification ofits status as a co-fired

combustor, including an estimate ofthe relative weight of hospital waste,

medical/infectious waste, and other fuels and/or waste combusted at the facility.
e) Any hospital that does not operate an HMIWI but that sends any of its hospital

waste or mcdicallinfectious waste to an off-site HMIWI is subject only to the

waste management plan provisions set forth at Section 229.178 of this Part.

fl Before Januarv 1. 2014. each owner or operator of an HMIWl, as defined in

subsection (a)( I) of this Seetion subject to the emissions limits under Section

229.125(a) or Section 229.126(a). shall complv with all the applicable provisions

ofthis Patio

On and after January 1. 2014. an HMIWI as defined in subsection (a)(1) ofthis

Section is no longer subject to the emissions limits under Section 229. I25(a) or

Section 229.126(a) of this Part. but is subject to the emissions limits undcr

Section 229.125(c) or Scction 229.126l.fJ~a'ldshaILc')Illi'jy with all thc applicable

provisio nSJlLthisp,jIt

!:!l On and ancr January I. ;014. cach owner and operator of an HMIWI as defincd

in subsection (a)(2) of this Scction is no longcr subject to the provisions under

New Source Performance Standards for Hospital/Medical/Infectious Wastc

Incinerators (40 CFR 60. subpart Ec). but is subject to the emissions limits under

Section 229.125(c) or Section 229. 126(c). and shall comply with all the applicable

provisions ofthis Patio

(Source: Amended at 35 Ill. Reg. " effcctive )

Section 229.112 Exemptions

Notwithstanding other provisions ofthis Part, the following emission units are exempt from the

requirements ofthis Part:

a) Any combustor required to have a permit under Section 3005 ofthe Solid Waste

Disposal Act, 42 USC ~.6925;

b) Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR 60;

c) Any pyrolysis unit (i.e., a unit that uses endothermic gasification to treat hospital

wastc or medical/infectious waste in order to render such waste harmless);

d) Any cement kiln firing hospital waste or medical/infectious waste; or

Any HMIWI that meets thc applicability provisions for Standards of Performance

for Hospital/Medical/Infectious Waste Incinerators under subpart Ec of 40 CFR

60.

Af!Y HMIWI subject to the 8tendards efPei"fernumeeler

HespitellMedieabiln/eetiellS Waste !ncineratersfer Which Censtructien is

CemmeneedAf'cer June 2Q, 1996, contaif!ed if! Subpart Ee of 10 CPR 60.50e.
(Source: Amended at 35 ilL Reg. .~~-, effective ~~-)

SUBPART C: COMPLIANCE SCHEDULES

Section 229.115 Compliance Schedules for HMIWls That Will Continue to Operate

!U Before January 1.2014. each owner or operator of an HMIWI. as defined in

Section 229.110 (a)( 1) ofthis Part. subject to the emissions limits under Section

279.125(a) or Section 229.126(a) of this Part. shall comply with all the applicable

provisions ofthis Part according to the following schedules:

1ft) Except as provided in subsection Will \-l'>-) ofthis Section and unless

another date is specified in the provisions of this Part, all owners or

operators ofHMIWls shall be in compliance with all of the provisions of

this Part by September 15,2000.

;?,e) Except as provided in subsection Will ofthis Section, the owner or

operator of an HMIWI may have up to September 15,2002, to come into

compliance with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWI shall:

A+) Submit its CAAPP application to the Agency, on or before

November 15, 1999, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) ofthe Act, [415 ILCS 5/39.5(5)(d)].

This compliance schedule shall include documentation supporting

the need for an extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments of progress specified in

subsection (a)(2)(8) ofthis Section;

B.20) Meet the following increments of progress by the dates indicated:

iA) Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by February 29,2000;

liB) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by August 31, 200 I;

ivG) Perform initial startup ofthe retrofitted HMIWI by January

15,2002; and
yE;) Complete the initial performance test in accordance with

Section 229.142 of this Part within 180 days after initial

startup.

1") Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by September 15,2002, shall cease operation of the HMIWI

until compliance with the provisions of this Part is achieved.

14) Notwithstanding subsection Uili1} EB1 ofthis Section, all owners or

operators ofHMIWls shall be in full compliance with all of the HMIWI

operator provisions of Subpart J ofthis Part by September 15,2000.

ill. On and after January l, 2014, each owner or operator of an HMIW\. as defined in

Section 229.1 10 (a)(I) or (a)(2) ofthis Part. and subject to the emissions limits

under Section 229.125(c) of this Part as applicable. or Section 229.126(c) ofthis

Part. shall comply with the applicable provisions of this Part according to the

following schedules:

ll. Except as provided in subsection (b)(2) ofthis Section and unless another

date is specified in the provisions ofthis Part. all owners or operators of

HMIWls shall comply with all ofthe provisions ofthis Part by January l,

2014.

£1 Except as provided in subsection (b)(4) ofthis Section. the owner or

operator of an HMIWI may have until October 6. 2014 to come into

compliance with the emissions limits under Section 229. I25(c) or

229. 126(c) ofthis Part. To avail itself ofthis extended compliance

timeframe, the owner or operator of an HMIWI shall:

ill Submit its CAAPP application and construction permit to the

Agency, on or before January I, 2012, requesting an extended

compliance schedule, pursuant to Section 39.5(5)(d) ofthe Act

[4 15 !LCS 5/39.5(5)(d)]. This compliance schedule shall include

documentation supporting the need for an extension, a final control

plan for the HMIWI and incremental steps to be taken toward

compliance with this Part that, at a minimum. meet the increments

of progress specified in subsection (b)(2)(B) of this Section;

ill Meet the following increments of progress by the dates indicated:

il Finalize all contracts for the purchase of pollution control

equipment, process modification or control systems Qy

August I, 2012;

ill Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIW! by March I,

2013;
jjj} Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipmcnt by September L 2013:

ill Achieve final compliance, which includes incorporating all

process changes and/or completing retrofit construction as

described in the final control plan, connecting the air

pollution control equipment or process changes so that the

unit is brought on line, and ensuring that all necessary

process changes and air pollution control equipment are

operating properly, no later than June I, 2014:

vl Complete the initial performance test in accordance with

Section 229.142 of this Part no later than October 6, 2014:

ill Submit the results of the initial performance test and

revised waste management plan to the Agency no later than

60 days following the initial performance test: and

vii) Submit notification to the Agency within 10 business days

after completing (or failing to complete bv the applicable

date) each of the increments of progress specified in

subsection (b)(2)(8) ofthis Section. The notification must

be signed by the owner's or operator's representative

responsible for the management of the HMIWI.

II If a petition for compliance extension is granted, the owner or operator of

an HMIWI, as defined in Section 229.110 (a)(l) or(a)(2), must continue

to comply with the provisions of its current CAAPP permit during the

interim.

.:u Any owner or operator of an HMIW I that fails to demonstrate compliance

with this Part by October 6, 2014 shall cease operation of the HMIWI until

compliance with the provisions ofthis Part is achieved.

II Notwithstanding subsection (b)(2) ofthis Section, all owners or operators

ofHMIWls shall be in full compliance with all of the HMIWI operator

provisions of Subpart .I ofthis Part before January I, 2014.

(Source: Amended at 35 III. Reg., , effective _ )

Section 229,116 Compliance Schedules for HMIWIs That Will Shut Down

All owners or operators of HMIWls that intend to permanently shut down their HMIWI as a

means of complying with this Part shall:
ill. Provide the Agency with written notice of their intention to permanently shut

down their HMIWI, as follows:

II On or before November 15, 1999, for an I-IMIWI as defined in Section

229.1 10 (a)( I) ofthis Part. subject to the emissions limits under Section

229.125(a) or Section 229.]26(a) of this Part;

;u On or before January 1,2013, except as provided for in Section

229.116(c), for an HMIWI as defined in Section )29.1 I O(~LDQr (a)(2) of

this Part, subject to the emissions limits under Section 229.125(c), as

applicable, or Section 229.126(c) of this Part.

ill Take the following affirmative steps to demonstrate that the HMIWI has been

rendered permanently inoperable by September 15,2000, for an HMIWI as

defined in Section 229.] IO(a)(I), or by January 1,2014 for an I-IMIWI as defined

in Sections 229. II O(:l){I)al1<l (a)(2) ofthis Part:

Provide the Ageney 'e, itA written notiee ortheir intention to pennanently shut

down tAeir HMIWI Oil or Before J>lovemBer IS, 1999; and

Take the folie'" ing affirmative steps to demonstFate that the HMI'NI has Beell

relldered permanently inoperaBle By SeptemBer 15,2000:

I) Weld the primary chamber door shut;

2) Dismantle the HMIWI; or

3) Other means that reasonably demonstrate that the HMIWI is no longer

functional.

.0 Except as provided in subsection (c)(5) ofthis Section, owners or operators may

have up to October 6, 2014 to shut down their HMIWIs to avoid being subject to

compliance with the emissions limits under Section 229,] 25(c) or 229.126(c), To

avail themselves ofthis extended compliance timeframe, the owner or operator of

an HMIWI shall:

II Submit its application to the Agency by July 1,2013 requesting an

extended compliance schedule, pursuant to Section 39.5(5)(d) of the Act,

[415 ILCS 5/39.5(5)(d)], This compliance schedule shall include

documentation ofthe analysis undertaken to support the need for an

extension, including an explanation of why the timeframe up to October 6,

20]4 is sufficient while the timeframe up to January I, 2014 is not

sufficient, and incremental steps to be taken toward compliance with

applicable requirements ofthis Part.

;u If an onsite alternative waste treatment technology is needed to be

installed before the HMIWI is shut down, an application for compliance
extension shall include the following elements of increments of progress

and completion date for each step of progress:

ill finalize contract with an alternative waste treatment technology

vcndor:

ill Initiate onsite construction or installation of alternative waste

treatment technology:

g Complete onsite construction or installation of alternative waste

treatment technology: and

ill Take the steps described under subsection (b) ofthis Section to

demonstrate that the HMIWI has been rendered permanently

inoperable.

d2 If an onsite alternative waste treatment technology is not needed to be

installed before an HMIWI is shut down. an application for compliance

extension shall include a plan for shut down. The plan for shut down shall

include steps described under subsection (b) ofthis Section to demonstrate

that the HMIWI has been rendered permanently inoperable.

:'!2 If a petition for compliance extension is granted, the owner or operator of

an HMIWI, as defined in Section 229.110 (a)(1) or (a)(2) must continue to

comply with the provisions of its current CAAPP permit during the

interim.

21 Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6, 20 I4 shall cease operation ofthe HMIWluntil

compliance with the provisions ofthis Part is achieved.

§2 Notwithstanding subsection (c)(1) ofthis Section, all owners or operators

of HMIWls shall be in full compliance with all ofthe HMIWI operator

provisions of Subpart J of this Part by January 1, 2014.

(Source: Amended at 35 Ill. Reg. , effective -')

SUBPART D: CAAPP PERMIT REQUIREMENTS

Section 229.120 CAAPP Permit Requirements

!!2 All HMIWls subject to the emissions limits in this Part shall operate pursuant to a

CAAPP permit, as follows:

11 By September 15,2000, for an HMIWI as defined in Section

229.110 (a)(I) ofibis Part; and
;u Bv January 1,20 I4, for an HMIWI as defined in Section 2)9.110 (a)( I)

or (a)(2) ofthis Part.

Ql For any HMIWI subject to the emission limits in this Part that is lirst required to

obtain a CAAPP permit because it is subject to the emission limits in this Part, the

owner or operator shall submit a complete application for a CAAPP permit. as

follows:

1J By September 15,2000, except as provided for in Section

229.115(a)(2)(A) ofthis Part, for an HMIWI as defined in Section 229.110

(a)( I) of this Part: or

;u By January 1,2014, except as provided for in Section 229, 115(b)(2)(A) of

this Part, for an HMIWI as defined in Section 229.1 10 (a)(1) or (a)(2) of

this Part.

All HMI'Nls subject to the emissions limits in this Part shall operate pursuaflt to a

CAAPI' permit by September 15, 2QQQ.

b) POI' afl) HMIINI subject to the emission liffiits ifl this Part that is first required to

obtaifl a CAAPI' permit because it is subject to the ernission limits ifl this Part,

the ovmer or operator shall subffiit a complete applicatiofl for a CAAPI' permit by

September 15, 200Q, e)ccept as provided for ifl Sectiofl 229.1 15(b)(I) ofthis Part.

c) Upon submittal of a timely and complete CAAPP application, the owner or operator

of an HMIWr shall not be in violation of the requirement, specified in subsection

(a) ofthis Section, to have a CAAPP permit, to the extent provided in Section

39,5(5)(h) ofthe Act [415 ILCS 5/39.5(5)(h)].

d) For any HMIWI that currently has a CAAPP permit, the following eonditions

apply:

1) Ifthe CAAPP permit has 3 or more years remaining on the permit term,

the owner or operator of an HMIWI shall apply for revision to the CAAPP

permit to incorporate the applicable requirements ofthis Part, as follows:

01'101' before November 15, 1999; or

AI On or before November 15,1999, for an HMIWI as defined in

Section 229.1 10 (a)( I) of this Part: and

ill On or before January 1, 2013, for an HMIWI as defined in Section

229.110 (a)(I) or (a)(2) of this Part: or

2) Ifthe CAAPP permit has less than 3 years remaining on the permit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal of the permit.

(Source: Amended at 35 Ill. Reg.. , effective )
SUBPART E: EMISSION LIMITS

Section 229.125 EmissionsEmissiell Limits for Small, Medium, and Large HMIWIs

a-)The emission limits in this Section shall apply at all times to HMIWls identified in Section

229.110(a) at all times, except as provided in Section 229. I 1O(b) ofthis Part-and, Section

229.126 ofthis Subpart aREI SC/Bj3aft 1" ofthis Paft.

!!l Before January 1.2014, each owner or operator of a small. medium. or large

HMIWI as defined in Section 27 9.110(3)(1) ofthis Part. shall comply with the

following emissions limits:

'rhe eRlission lilBits for small, mediC/IB, anEi large HMIWls are as follows:

Ipollutant

i ---- HMIWI Emissions Limits

- Units Small Medium Large

(7% oxygen dry basis)

Particulate I Milligrams per dry standard ill 69 34

matter cubic meter (mg/dscm) (0.05) (0.03) (0.015)

(grains per dry standard cubic

foot (gr/dsc1))

Carbon Parts per million by volume 40 40 40

monoxide (nomv)

· Dioxins/furans Nanograms per dry standard 125 (55) 125 (55) 125 (55)

cubic meter total or or or

dioxins/furans (ng/dscm) 2.3 (1.0) 2.3 (1.0) 2.3 (1.0)

(grains per billion dry

standard cubic feet (gr/109

dsct)) or ng/dscm TEQ

(gr/ I09 dscfl

· Hydrogen (ppmv) or percent reduction 100 or 100 or 100 or

chloride 93% 93% 93%

Sulfur dioxide (oomv) 55 55 55

Nitrogen (ppmv) 250 250 250

, oxides

Lead mg/dscm (grains per thousand U U U !i!'Y-§!~DEtard cubic teet (grll 0' (0.52) or (0.52) or (0.52) or

dset}) or percent reduction 70% 70% 70o/L

Cadmium I mg/dscm (grll 0' dscfl or 0.16 0.16 0.16

ill'!'cent reduction (0.07) or (0.07) or (0.07) or

65% 65% 65%

• Mercury mg/dscrn (Qrll 0' dscfl or 0.55 0.55 0.55

I

i percent reduction (0.24) or (0.24) or (0.24) or

85% 85% 85%
HMIWI EMISSION LIMITS

Pollutaat lJ.llits SmaJ.I ~m baFge

(7% Q)'ygen, dr)'

12M ma per dscm(grains I 13 (0.03) 69 (0.03) 34 (0.015) ~;..... GG wnw 40 40 40

DiQ),ins/ Nanograms per 123 (33) or 123 (g) or 123 (g) or

dsem. total 23 (LO) 2.3 (LO) 23 (LO)

diQ),ins/furans

(grains per billion

dset), or nanograms

perdsem TEQ

(grains per billion

tIsef)

HGI ppm\' or percent 100 or 91% 100 or 93% 100 or 93%

reduction

W~ wnw g g g

wnw

Pb mg per dscm 1.2 (0.32) 1.2 (0.32) 1.2 (0.32)

(grains per or 70% or 70% or 70%

thousand dscf) or

G6 mg per dscm 0.16 (0.07) 0.16 (0.07) 0.16 (0.07)

(grains per er63% or 63% or 65%

theusand dscf) or

Hg mg per dscm 0.33 (Q.21) Q.33 (0.24) Q.g (Q.24)

(grains per or 83% or 85% or-85%

thousand dscf) or . .

Ql No owner or operator of a small, medium. or large HMIWI subject to emissions

limits listed under subsection (a) ofthis Section shall cause or allow any

emissions that cause greater than 10 percent opacity. as measured on a 6-minute

block average. according to Method 9.40 CFR 60, appendix A. incorporated by

reference in Section 229.104(d) ofthis Part. from any stack used by an HMIWI.

£2 On and after January L 2014, except as provided for in Section 229.115(b)(3) or

Section 229.1 J6(c)(4), as applicable. each owner or operator of a small, medium.

or large HMIWl, as defined in Section 229. I IO(a)(I) and (a)(2) ofthis Part, shall

comply with the following emissions limits. as applicable:

No owner or operator ofa small, medium, or large HMIWI shall cause or allow

an)' emissions that cause greater than 10 percent opacity, as measured on a 6

minute bloclc average, according to Method 9, 40 CI"R 60, AppendiK A,
incorporated by reference at Section 2)9.104 Ed) of this Part, from an) stack used

by an HMI'NI.

------ ----,"

HMIWI Emissions Limits

--""

Pollutant Units Small Mediu Large

17% OXVllen dry basis) m

Particulate Milligrams per dry standard 66 46 25

matter cubic meter (mg/dscm) (0.029) (O.Q2O)' (0.011)

(grains per dry standard cubic 34

foot (gr/dsct)) (O.0l5)b ..-

Carbon Parts per million by volume 20 .u. 11

monoxide (PDmv)

Dioxins/furans Nanograms per dry standard 16 (7.0) 0.8~ 9.3(4.1)

cubic meter total or (0.37) or or 0.054

dioxins/furans (ng/dscm} 0.013 0.020 I (0.024)

(grains per billion dry (0.0057) 10.0087)

standard cubic feet (gr/109

dsd» or nll/~jscmTEO

(gr/l 09 dscf)

Hydrogen (ppmv) 44' 7.7 6.6

chloride W

Sulfur dioxide (ppmv) 4.2 4.2 9.0

Nitrogen (ppmv) 190 190 140

oxides

Lead mgjdscm (grains per thousand 0.31 0.018 0.036

dry standard cubic feet U!r/l (Y' lQlil (0.016)

dscOl 10.0079)

Cadmium mg/dscm (gIiLQ.'.,b."U 0.017 0.013 0.0092

(0.0040)

(0.0074) (0.0057)

Mercury mg/dscm (gr/ I0' dscf) 0.014 0.Q25 0.018

I (0.0061)

(0.011) 10.0079)

'EmissIOns limits for HM1Wls as defined In SectIOn 229.IIO(a)(I) oftillS Part.

bEmissions limits for HMIWls as defined in Section 229.11 O(a)(2) ofthis Part.

ill No owner or operator of a small. medium. or large HMIWI subject to emission

limits listed under subsection (c) ofthis Section shall cause or allow any

emissions that cause greater than 6 percent opacity. as measured on a 6·minute

block average. according to Method 9. 40 CFR 60. appendix A, incorporated by

reference at Section 229.104(d) ofthis Part. from any stack used by an HM1Wl.

tl On and after the date on which the initial perfOimance test is completed or

required to be completed under Section 229.142 of this Part, whichever date
comes first, no owner or operator of an HMIWL as defined in Section 229.110

(a)(I) or ('1)(2) of this Part and subject to the emissions limits under subsection (c)

ofthis Section. shall cause to be discharged into the atmosphere visible emissions

of combustion ash from an ash conveying svstem (including conveyor transfer

points). enclosures of ash conveying systems. buildings. or other sources in

excess of 5 percent of the observation period of 9 minutes per 3-hour period.

according to Method 22. 40 CrR 60. appendix A. incorporated by reference in

Section 229.1 04(d) of this Patio except as provided by the following exclusions:

12 Visible emissions discharged inside buildings or enclosures of ash conveying

systems; or

;u During maintenance and repair of ash conveying svstems. Maintenance and/or repair

shall not exceed 10 operating davs per calendar quarter unless the owner or

operator of an HMIWlmakes a request to the Agency in writing for a longer

period oftime to complete maintenance and/or repair. and the Agency approves

the owner's or operator's request in writing.

(Source: Amended at 35 ilL Reg. , effective ~)

Section 229.126 EmissionsEmissien Limits For Rural HMIWls

atNotwithstanding the emissionsemission limits set out in Section 229.125 ofthis Part, any rural

HMIWI shall comply with the emissionsemission limits set out in subsection (a) or (c) EIB ofthis

Section. The emissionsemission limits under this Section shall apply at all times, except as

provided for in Section 229.110(b) and Subpart f of tHis Part.

ill Before January 1.2014, a rural HMIWI as defined in Section 229.110(a)(1) shall

comply with the following emissions limits:

THe emission limits for rural HMIWI are as follows:

Pollutant Units HMIWI Emissions Limits

(7% oxygen. dry basis)

Particulate mg/ds,m il£r/dscD 197

matter (0.086)

Carbon J)J?lllY 40

monoxide

Dioxins/furans ng/dscm total dioxins/furans 800 (350) or

(grll O'l dscO or ng/dscm TEQ 15 (6.6) .) (gr/l 0 ciscO

Hydrogen ppmv 3100

chloride

Sulfur dioxide J)J?lllY 55

Nitrogen ppmv 250

oxides
Lead mg/dscm LQ

(Qr/1 03 dscf) !1A}

Cadmium mg/dscm 4

(gr/1 03 dscD LL1}

Mercury mg/dscm 7.5

(r>r/1 03 dscD (3.3)

I!<»llitam Yillis EMISSION LL'\4I+S ~~o ~, ,I.. . \

PM 197 (0.0&6)

GG I ffl3nw 4{)

DiOJlin/ nanograms per Eiscm total &00 (350) sr 15 (6.6)

Furans dio){ins/t~lrans (grains per

billion Eiscf), or nanograms per

dscm TEQ (grains per billion

E!se-f)

MGt I ffl3I1W ;.wo

00, I wnw »

I wnw

j:!.9 mg per Eiscm (grains per 10 (H)

thousand Eiscf)

Gcl mg per dscm (grains per

thousLlnd Eiscf)

Hg mg per dscm (grains per 7.5 (3.3)

thot/sand dscf)

hl No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (a) ofthis Section shall cause or allow any emissions that cause greater

than 10 percent opacity. as measured on a 6-minute block average. according to

Method 9, 40 CFR Part 60, appendix A. incorporated by reference at Section

229. 104(d) of this Part, from any stack used by an HMIWI.

No owner or operator ofa rural HMIWI shall cause or allow any emissions that

cause greater than 10 percent opacity, as meast/reEi on a 6 minute blocle average,

according to Method 9, i 0 eFR Part 60, AppendiJ( A, incorporated by reference at

Section 229.1 Oi(d) of this Part, from any stade HseEi by an IIMIWI.

tl On and after January L 2014, except as provided for in Section 229.1 15(b)(3) or

Section 229.116(c)(4). as applicable, a rural HMIWI, as defined in Section

229.11 O(a)(l) or (a)(2) ofthis Part, shall comply with the following emissions

limits:

Pollutant Units Emissions Limits

(7% oxygen, dry basis)
Particulate I11Q/dSCI11 IQr/dscn 87

matter (0038)

Carbon 20

monoxide

Dioxins/furans [lU/d_;iS,:JI1 lElIaI dio,~ in~ih!Ians 240 ( I00) or

(QT/1 O'! dscf) ,or ng/dscm ·ILQ 5.1(2.2)

II ) <j " ign .( , asct)

Hydrogen 810

chloride

Sulfur dioxide J2Q.mv 55

Nitrogen 130

oxides

Lead mg/dscm 0.50

(gr/l oj dscD (0.22)

Cadmium mg/dscm 0.11

(Q'r/l oj dscfl (0.048)

Mercury mg/dscm 0.0051

(gr/I 03 dscD (0.0022)

ill No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (c) ofthis Section shall cause or allow any emissions that cause greater

than 6 percent opacity, as measured on a 6 minute block average, according to

Method 9, 40 CFR Part 60, appendix A, incorporated by reference at Section

229.104(d) ofthis Part, from any stack used by an HMIWI.

On and after the date on which tbe initial performance test is completed or

required to be completed under Section 229.142 of this Part, whichever date

comes first, no owner or operator of a rural HMIWL as defined in Section

229.1 10 (a)(I) or (a)(2) of this Part, subject to the emissions limits under

subsection (c) ofthis Section, shall cause to be discharged into the atmosphere

visible emissions of combustion ash from ash conveying system (including

conveyor transfer points), enclosures of ash conveying systems, buildings, or

other sources in excess of 5 percent ofthe observation period of 9 minutes per 3-

hour period, according to Method 22, 40 CFR 60, appendix A, incorporated by

reference at Section 229.1 04(d) ofthis Part, except as provided by the following

exclusions:

D Visible emissions discharged inside buildings or enclosures of ash

conveying systems: or

2i During maintenance and repair of ash conveying systems. Maintenance

and/or repair shall not exceed 10 operating days per calendar quarter,

unless the owner or operator of an HMIWI makes a request to the Agency

in writing for a longer period oftime to complete maintenance and/or

repair, and the Agency approves the owner's or operator's request in

writing.
(Source: Amended at 35 Ill. Reg,__". , effective ,

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Section 229.130 Operation During Periods of Startup, Shutdown, or Malfunction

(Repealed)

at The emission li'nits specified in Subpart E ofthis Part do not apply to an HMI'NI

during periods ofstartup, shutdm\ll or malfunction, ifthe requirements provided

in suesections (e). (c) and (d) of this Section are met.

No waste shall ee charged to an I-lMPNI during periods ofstartup. shutdmvn or

malfunctiOll,

The shutdm\ n of aRy HMIWI shall proceed accordiRg to the follo'Ning

reqHirements:

B For cORtiRHOUS HMIWls. shutdown may commeRce no less thaR 2 hOHrs

after the Iast charge to an HMIWI;

For intermittent HMI'Nls, shutdovm may com,nence no less thaR 4 hours

after the last charge to an HMIWI; aRd

For eatch HMPNls, shHtdovm may commence no less than 5 hours after

the high air phase of comeustion has eeen completed,

DuriRg periods of malftlRction. the owner or operator of an HMIWI shall do all of

the following:

B Take all reasonable steps to ensure that an HMIWI operates within the

parameters established for that HMPNI and to minimize excess emissioRs;

;&) Continue monitoring all applicaele parameters; and

3j Take appropriate corrective actions prior to resuming the charging of any

waste to an HMIWI.

(Source: Amended at 33 Ill. Reg, " effective J

SUBPART 11': COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and Establishment of Operating Parameters

for All HMIWls
!!l Before Januarv 1.2014. each owner or operator of an HMIWI as defined in

Section 229.110 (a)( 1) ofthis Part. subject to the emissions limits under Section

229.125(a) or Section 229.1 26(a) of this Part shall comply with the following

requirements:

THe O'"ner OF of3eratoF oran HMPNI SHl3jeet to the eFnissions limits under thi,; Part shall eemf3l)

witH the following Fequirements:

la) Except as provided in Section 229.115(b)(2)(B)(v) 2?9.115(b)(2)(£) of

this Part, conduct an initial performance test on their HMIWI by

September 15, 2000;,

2b) Except as provided in subsection.@lQ} f€j of this Section, in the initial

performance test, test for all pollutants limited pursuant to Subpart E of

this Part"

2") During the initial performance test, rural HMIWls are not required to test

for HCI, Pb or Cd"

:1:4) If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

wet scrubber, '*' a dry scrubber followed by a fabric filter and wet

scmbber, or a selective noncatalytic reduction system, establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B of this Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 ofthis

Part"

2.e) If air pollution control equipment other than a dry scrubber followed by a

fabric filter, a wet scmbber, !!'*' dry scrubber followed by a fabric filter

and a wet scmbber, or a selective noncatalytic reduction system is used to

comply with the emission limits under Section 229. I25 ofthis Part, the

initial perfonnance test may not be conducted until site-specific operating

parameters that will be monitored to demonstrate compliance with this

Part have been established by the Agency in a construction permit and

approved by USEPA.

Qf) For mral HMIWl, establish the maximum charge rate and minimum

secondary chamber temperature as site-specific parameters during the

initial performance test, provided that thc performance test demonstrates

that the HMIWI is in compliance with the emission limits specified in

Scction 229.126 ofthis Part.

ill On and after January 1, 2014. each owner or operator of an HMIWI. as defined in

Section 229.110 (a)( 1) or (a)(2) ofthis Part. and subject to the emissions limits
under Section 229.125(c) as applicable. or Section 229.126(c) ofthis Part shall

comply with the following requirements:

ll. Except as provided in Section 229.1 15ib)12)(BJ(v)(a)(2lfBlf; ) of this Part.

conduct an initial performance test on its HMIW I by Januarv \. 2014.

£1 Except as provided for in subsection (b)(6). in the initial performance test.

test for all pollutants to demonstrate compliance with Section 229.125(c).

or Section 229.126(c) emissions limits. as applicable. pursuant to Subpart

E ofthis Part.

;u If an HMIWI is equipped with a dry scrubber followed by a fabric filter. a

wet scrubber. a dry scrubber followed by a fabric filter and wet scrubber,

or a selective noncatalytic reduction system. establish the appropriate

maximum and minimum operating parameter values indicated in

Appendix B of this Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section )29.125 or

229.126 of this Part.

12 If an air pollution control device other than a dry scrubber followed by a

fabric filter, a wet scrubber. a dry scrubber followed by a fabric filter and a

wet scrubber. or a selective noncatalytic reduction system is used to

comply with the emission limits under Section 229.125 or Section 229.126

of this Part. the initial performance test may not be eondueted until sitespeeifie operating parameters that will be monitored to demonstrate

eompliance with this Part have been established by the Agency in a

construction permit and approved by USEPA.

21 For a rural HMIWI that is not equipped with an air pollution control

device, establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial

performanee test. provided that the performanee test demonstrates that the

HMIWI is in compliance with the emission limits specified in Seetion

229.126(c) ofthis Part.

§l The owner or operator of an HMIWI mav use results of previous

performance tests for initial compliance demonstration with the applieable

emissions limits. provided the following conditions are met:

Al The previous emissions tests were condueted using procedures and

test methods listed in Section 229.140 ofthis Part. or USEPAaccepted voluntary consensus standards;

ill The test results are certified as representative of current operations;

and

g The previous emissions tests were conducted no earlier than 1996.
7J The owner or operator of an HMIWI that cannot certifv and/or whose

previous performance tests results do not demonstrate compliance with

one or more ofthc revised emission limits must conduct another

performance test for those pollutants.

JD The owner or operator of an HMIWI, as defined in Section 229.11 O(a)(I)

or (a)(2) ofthis Part, and subject to the emissions limits under Section

229.125(c) as applicable. or Section 229.126(c) ofthis Part. as applicable

shall determine compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.125(g) and 229.126(e) by

conducting an initial perfonnance test using Method 22. at 40 CFR 60.

appendix A, incorporated by reference at Section 229.1 04( d) ofthis Part.

(Source: Amended at 35 111. Reg. , effective )

Section 229.146 Annual Testing for Opacity

Following the date on which the initial performance test is completed, as required by Section

229.142 of this Section, the owners or operators of all HMIWI;, shall conduct an annual opacity

test, in accordance with Section 229.140 ofthis Part. The opacity test schedules are as follows: ;

by September 15 of eaen year.

!!l By September 15 of each year, for an HMIWI, as defined in Section 229.110

(a)(1) of this Part and subject to the emissions limits under subsection 229.125(a)

or subsection 229. 126(a) of this Part; and

Ql By January 1 of each year, for an HMIWI, as defined in Section 229.110 (a)(1) or

(a)(2) ofthis Part, and subject to the emissions limits under Section 229. 125(c), as

applicable, or Section 229.126(c) of this Palt.

(Source: Amended at 35 111. Reg.. , effective J

Section 229,148 Annual Performance Testing for All Small, Medium alld Large HMIWIs

Following the date on which the initial performance test is completed, as required by Section

229.142 of this Part, all ovmers or operators sfsB'lall, meE!ium, or large HMIWIs each owner or

operator of an HMIWI, as applicable, shall conduct an annual performance test, by September 15

ofeacn year to determine compliance with the applicable PM, CO and HCI emission limits

specified in Section 229.125fbj or 229.126 of this Part, using the applicable test procedures and

methods specified in Section 229.140 of this Part.

!!l Annual performance test schedules are as follows:

12 Before January I, 2014. each owner or operator of a small, medium, or

large HMIWI as defined in Section 229.IIO(a)(I), subject to the emissions
limits under Section 229.125(a) of this Part shall complete an annual

performance test bv September 15 of each war: and

Il On and after Januarv L 7014, an owner or operator ofa small, rural,

medium. or large HMIWL as defined in Section 229. I IO(a)(l) or (a)(2).

subject to the emissions limits under Section 229. 125(e) as applicable. or

in Section 229. I26(c) ofthis Part shall complete an annual performance

test by Januarv I of each year.

!La) If all 3 annual performance tests over a 3-year period indicate compliance with

the applicable emission limits for PM, CO, or HCI specified in Section 229. I25f13f

of this Part, the owner or operator of an HMIWI may forego a performance test

for that pollutant during the next 2 years. Ifthe next performance test conducted

every third year indicates compliance with the emission limits for PM, CO, or

HCI specified in Section 229. I25f13f of this Part, the owner or operator of an

HMIWI may forego a performance test for that pollutant for an additional 2 years

from the date ofthe previous performance test.

"B) If any performance test indicates noncompliance with the respective emission

limit, the owner or operator of an HMIWI shall conduct a performance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with thc respective emission limits.

ill The owner or operator of an HMIWI may use any ofthe following types of

continuous emission monitoring systems (CEMS), as provided in Section 229.152

ofthis Part. to substitute for annual performance tests and parameter monitoring

to demonstrate compliance with applicable emissions limits:

II PM CEMS: replace annual PM testing and opacity testing and monitoring

of pressure drop across the wet scrubber. if applicable;

Il CO CEMS: replace annual CO testing and monitoring of minimum

secondary chamber temperature:

Il HCI CEMS: replace annual HCI testing and monitoring of minimum HC]

sorbent flow rate and minimum scrubber liquor pH.

(Source: Amended at 35 III. Reg. , effective -----')

Section 229.150 Compliance with Operating Parameter Valnes

a) Following the date on which the initial performance test is completed, or is

required to be completed under as provided in Section 229.] 42 of this Subpart,

whichever date comes first f!arl, an HMIWI, using a dry scrubber followed by a

fabric filter, a wet scrubber, or !Ldry scrubber followed by a fabric filter and a wet

scrubber to comply with the emission limits ofthis Part, shall not operate above

any ofthe applicable maximum or below any ofthe applicable minimum operating

parameters values specified in Appendix B of this Part. All operating parameter,:;:
shall be measured as a 3-hour rolling average (calculated each hour as a 3-hour

rolling average ofthe previous 3 operating hours) at all times, except during

period" of startup, shutdov, 11, and malfunction (calculated each hour a[1 a 3 hour

rolling average ufthe previous 3 operating 11BtlfS}. For batch HMIWls, the charge

rate shall be measured on a per batch basis.

ill Except as provided in Section 229. I64 of this Subpart for an HMIWI equiDDed

with a selective noncatalytic reduction svstem, operation of the HMIWI above the

maximum charge rate, below the minimum secondarv chamber temperature, and

below the minimum reagent flow rate simultaneously shall constitute a violation

of the NOx emissions limit.

"e) For HM1W1s using air pollution control equipment other than a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber to comply with the emission limits under Section

229.125 or Section 229.126 ofthis Part, following the date on which the initial

performance test is completed, as provided in Section 229. I42 of this Part, an

HM1WI shall not operate above any applicable maximum or below any applicable

minimum operating parameter values established in its CAAPP permit.

4e) Operating parameter limits do not apply during performance tests,

(Source: Amended at 35 III. Reg. , effective -'

Section 229,152 Compliance Reqnirements for HMIWls using CEMS

The owner or operator of an HM1W1 may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229. I25(171 or Section 229.126 ofthis Part, if provided for in

its permit. Any I-lM1Wl that is allowed to use a GEMS to demonstrate compliance with the

emission limits ofthis Pali shall:

i!l Any HMIW1 that is allowed to use a CEMS to demonstrate compliance with the

emission limits ofthis Part shall:

la) Determine compliance with the applicable emission limits using a 12:hour

rolling average, calculated each hour as the average ofthe previous 12

operating hours, not including startup, shutdown, or malfunetion; and

2.17) Operate all CEMS in accordance with the applicable procedures under

8flfl@l1ai@@sAppendicgs Band F of 40 CFR 60, incorporated by reference

at Section 229.104(e) of this Part.

ill In the case of CEMS for which USEPA has not published performance

specifications, the option to use the CEMS takes effect on the date of publication

of the performance specifications in the Federal Register or after site-specific

operating parameters used to demonstrate compliance with this Part have been

established by the Agency in a construction permit and approved by USEPA.
(Source: Amended at ~~~~_' effective ~~__~_,

Section 229,154 Violations by HMIWIs Equipped with a Dry Scrubber Followed by a

Fabric Filter

Except as provided in Section 229,164 ofthis Subpmi, for an HMIWI equipped with a dry

scrubber followed by a fabric filter:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) shall be a violation of the CO emissionsemission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/fltran sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation ofthe dioxin/furan emissionsemissiol'l limit:

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe HCI emissionsemission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emissionsemissioH n limit; eT

e) Use ofthe bypass stack (e)[eept duriHg startup, sflutdovm or rnalfUl'16tioH) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emissionsemissioA limits;,

fl If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and

maintain the fabric filter so that the alarm is not engaged for more than 5 percent

of the total operating time in a 6-month block reporting period shall be a violation

of the PM emissions limit:

h} If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour after the bag leak

detection system alarm shall be a violation of the opacity emissions limit;

j} If a CEMS is used to determine compliance with a PM, HC!. Pb, Cd, and/or Hg

emissions limit, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit:
il lfa continuous automated sampling svstem is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling svstem shall be a violation of the dioxin/furan emissions limit: or

kl lfa continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation of the Hg emissions limit.

(Source: Amended at 35 Ill. Reg, , effective ,

Section 229.156 Violations by HMIWls Equipped with a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum pressure drop across the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation ofthe PM emissionsemission limit;

b) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) is a violation ofthe CO emissionsemission limit;

e) Simultaneous operation of an HMIWI above the maximum charge rate, below the

minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hour rolling average) is a violation ofthe

dioxin/furan emissionsemission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation of the HCI emissionsemission limit;

e) Simultancous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling average)

is a violation ofthe Hg emissionsemission limit; Bf

f) Use ofthe bypass stack (eJ<eept dlifiEg starllip, slmtdown, Of malf,metion) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emissionsemission Iimits~,

If a CO CEMS is used to determine compliance with a CO emissions limit,

operation of the HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

hl If a CEMS is used to determine com-pliance with a PM. HCI. Pb, Cd. and/or Hg

emissions limit. operation of the HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit;
II If a continuous automated sampling svstem is used, operation of the HMIWI

above the dioxin/furan emissions limit as measured bv the continuous automated

sampling system shall be a violation ofthe dioxin/furan emissions limit; or

il If a continuous automated sampling svstem is used, operation of the HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation of the Hg emissions limit.

(Source: Amended at 35 Ill. Reg. .~__, effective -.J)

Section 229,158 Violations by HMIWls Equipped with a Dry Scrubber Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229. I64 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an JIMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) is a violation ofthe CO emissionsemission limit;

h) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) is a

violation ofthe dioxin/furan emissionsemission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emissionsemisClion limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) is

a violation ofthe Hg emissionsemission limit; er

e) Use ofthe bypass stack (elwept during startup, shutdown, or malfun6tion) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emissionsemission limits~,

If CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

g) If a bag leak detection system is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and

maintain the fabric filter so that the alarm is not engaged for more than 5 percent

ofthe total operating time in a 6-month block reporting period, shall be a

violation ofthe PM emissions limit
ill If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour after the bag leak

detection system alann shall be a yiolation of the opacity emissions limit:

il If CEMS is used to determine compliance with a PM, HCI, Pb, Cd, and/or Hg

emissions limit, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit:

12 Ifa continuous automated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured bv the continuous automated

sampling system shall be a violation of the dioxin/furan emissions limit: or

kl rfa continuous automated sampling system is used, operation ofthe I-lMIWI

above the I-lg emissions limit as measured by the continuous automated sampling

system shall be a violation of the Hg emissions limit.

(Source: Amended at 35 Ill. Reg. , effective

Section 229.160 Compliance Requirements for Rural HMIWIs

)

ill Prior to January 1. 2014, the requirements set forth in subsections (c) through (e)

ofthis Section shall apply to all rural HMIWIs subject to the emissions limits

under Section 229.126 of this Part.

QJ On and after January I, 2014, the requirements set forth in subsections (c) through

(e) ofthis Section shall apply to all rurail-lMIWIs that are not equipped with an

air pollution control device and that are subject to the emissions limits under

Section 229.126 ofthis Part.

"a) Following the date on which the initial perfonnance test is completed or is

required to be completed under Section 229.142 ofthis Subpart, whichever date

comes first, the owners or operators ofrural HMIWI shall not operate their

HMrWI either above the maximum charge rate or below the minimum secondary

chamber temperature measured as 3-hour rolling averages at all times, e*6ej3t

duriflg periods ofstartup or slmtdovifl (calculated each hour as the average of the

previous a 3 nour rolliflg average oftne previous 3 operating hours) at all times.

ill Operating parameter limits do not apply during performance tests.

~13) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation

of a rural HMIWr above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shall

constitute a violation ofthe PM, CO and dioxin/furan emission limits.

(Source: Amended at 35 Ill. Reg. , effective ~)

Section 229.162 Inspection Requirements for All RuflIl HMIWIs
a) Before Januarv 1, 2014, each owner or operator of a rural 11M IWI subject to the

emission limits under Section 229.126 of this Part shall inspect the HMIWI

according to the following schedule: Each owner or e~erator of a rurail-lM1WI

shall ins~ect the HMI'NI according to the following sch~

I) An initial inspection shall be conducted by September 15,2000; and

2) An annual inspection shall be conducted by September 15 of each year

thereafter.

b) Each equipment inspection shall be conducted to ensure the proper operation of

the-Fl!f1l! HMIWI and, at a minimum, shall consist ofthe following steps:

I) An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

2) An inspection of the primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection ofthe hinges and door latches, lubricating, as necessary;

4) An inspection of dampers, fans, and blowers;

5) An inspection of the HM1W1 door and door gaskets;

6) An inspection of all HM1Wl motors;

7) An inspection ofthe primary chamber refractory lining, cleaning,

repairing or replacing the lining, as necessary;

8) An inspection ofthe incinerator shell for corrosion or hot spots;

9) An inspection ofthe secondary/tertiary chamher and stack, cleaning as

necessary;

10) Where applicable, an inspection of the mechanical loader, including limit

switches;

II) A visual inspection ofthe waste bed (grates), repairing or sealing, as

necessary;

12) Where applicable, an inspection of air pollution control devices to ensure

their proper operation;

13) Where applicable, an inspection ofthe waste heat boiler systems;

14) An inspection of all bypass stack components;
15) Calibration of thennocouples, sorbent feed systems and monitoring

equipment; and

16) A general inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of an a fltI'a! HMIWI shall document that, during the bUI11

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days after the

inspection. The owner or operator of an HMIWI may have a longer period oftime

in which to complete any repairs identified as a result of the inspection required

by this Section, provided that it makes this request to the Agency in writing, and

the Agency approves the owner or operator of an HMIWI's request in writing.

The owner or operator of a small. rural, medium, or large HMIWI subject to the

emission limits under Section 229.125(c) as applicable, or Section 229,126 ofthis

Part, shall inspect the HMIWI as outlined in subsection (b) ofthis Section,

according to the following schedule:

11 An initial equipment inspection shall be conducted by January I, 2014;

and

b.l An annual equipment inspection shall be conducted by January I of each

year thereafter.

fl The owner or operator of an HMIWI subject to the emission limits under Section

229.125(c). as applicable, or Section 229. I26(c) ofthis Part, shall inspect the air

pollution control devices. according to the following schedule:

11 An initial air pollution control device inspection shall be conducted by

January I, 2014; and

b.l An annual air pollution control device inspection shall be conducted by

January I of each year thereafter.

gl Each air pollution control device inspection, as applicable. shall be conducted to

ensure the proper operation of the device and, at a minimum. shall consist of the

following steps:

11 Where applicable. an inspection ofthe thermocouples, sorbent feed

systems. and any other monitoring equipment, adjusting applicable

calibrations, as necessary; and
£) A general inspection ofthe equipment to ensure that it is maintained in

good operating condition.

h.l All maintenance. adjustments. or repairs identified during an air pollution control

device inspection required under this Section shall be completed within 10 days

after the inspection. The owner or operator of an HMIW1may have a longer

period oftime in which to complete any repairs identified as a result of the

inspection required bv this Section. provided that it makes this request to the

Agency in writing and the Agencv approves the request in writing.

(Source: Amended at 35 1I1. Reg. ____, effective _

SUBPART I: MONITORING REQUIREMENTS

Section 229.166 Monitoring Requirements for All Small, Medium, aRd LaFge HMIWIs

!!l Each owner or operator of an HMIWI subject to the emissionsemission limits

under Section 229.125(c1. as applicable. or Section 229.126(c1ofthis Part. shall

comply with requirements of this Section according to the following schedule:

D Before January 1,20] 4, for a small, medium or large HMIWI:

£) On and after January I, 2014. except as provided for in Section

229.1 15(b)(3) or Section 229.116(c)(4), for a small, medium or large

HMIWI and a rural HMIWI that is equipped with an air pollution control

device.

12a) Once the initial performance test required by Section 229.142 ofthis Part has

been performed, and the site-specific minimum and maximum operating

parameter values have been established, the owner or operator of an a small,

medium or large HMIWI, as applicable, shall continuously monitor those

parameters.

fe) The owner or operator of an a small, medium or large HMIWI, as applicable,

shall comply with the following monitoring requirements:

1) Install, calibrate according to manufacturer's specifications, maintain, and

operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (unless CEMS are used as a substitute for certain parameters as

specified) so that these devices or methods measure and record values for

these operating parameters at the frequencies indicated in Appendix B of

this Part at all times eJleept during periods of startup and shutdown;

2) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device or establish a method for identifying the use ofthe bypass

stack, including date, time, and duration of use;
3) If control equipment other than a dry scrubber followed by a fabric filter, a

wet scrubber, e-r-a dry scrubber followed by a fabric filter and a wet

scrubber. or a selective noncatalytic reduction system is used to comply

with the applicable emissionsemission limits under Section 229.I25(c)

229. J?5(b), as applicable. or Section 229. 1?6(c) ofthis Part, install.

calibrate according to manufacturer's specifications. maintain, and operate

the equipment necessary to monitor the site-specific operating parameters

developed and approved pursuant to Section 229.142(a)(5) or (b)(5)

Seetion ))9.112 (e) of this Part; and

4) Record monitoring data at all times during HMIWI operation, except

during the periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day atl6 for 90 percent ofthe operating

days per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

ill If an HMIWI is equipped with an air pollution control device that includes a

fabric filter and a PM CEMS is not used to demonstrate compliance, the owner or

operator ofthe HMIWI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator shall meet the

following requirements for each bag leak detection system installed:

D Each triboelectric bag leak detection system may be installed. calibrated,

operated. and maintained according to the "Fabric Filter Bag Leak

Detection Guidance, " as incorporated by reference in Section 229.104;

;u The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or

less;

II The bag leak detection system sensor shall provide an output ofrelative

PM loadings;

:!} The bag leak detection system shall be equipped with a device to

continuously record the output signal from the sensor;

il The bag leak detection system shall be equipped with an audible alarm

system that sounds automatically when an increase in relative PM

emissions over a preset level is detected. The alarm shall be located where

it is easily heard by plant operating personnel;

Q2 For positive pressure fabric filter systems. a bag leak detector shall be

installed in each baghouse compartment or cell;
7J For negative pressure or induced air fabric filters, a bag leak detector shall

be installed downstream of the fabric tilter:

ID If multiple bag leak detectors are required, the bag leak detection

system's instrumentation and alarm mav be shared among detectors:

2} The baseline output shall be established by adjusting the range and the

averaging period ofthe device and establishing the alarm set points and

the alann delay time according to section 5.0 of the "Fabric Filter Bag

Leak Detection Guidance." as incorporated by reference in Section

229.104:

lQ..l Following initial adjustment of the system, the sensitivitv or range,

averaging period. alarm set points, or alarm delay time may not be

adjusted. Increasing the sensitivity by more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation

unless the adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition. Each

adjustment shall be recorded:

ill Records of the results of each inspection, calibration. and validation

check: shall be maintained: and

12) The fabric filter must be operated and maintained so that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

operating time in a 6-month block reporting period: however. corrective

action must be initiated within I hour after the alarm.

(Source: Amended at 35 Ill. Reg.. , effective ..J

Section 229.168 Monitoring Requirements for Rural HMIWIs

!!l Each owner or operator of a rural HMIWI subject to the emissions limits under

Section 229.126 ofthis Part shall comply with requirements ofthis Section

according to the following schedule:

II Before January L 2014. for a rural HMIWl; and

£1 On and after January L 2014. except as provided for in Section

229.1 15(b)(3) or Section 229.116(c)(4). for a rural HMlWl that is not

equipped with an air pollution control device.

ill The owner or operator of each rural HMIWI shall comply with the following

monitoring requirements:
la) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device measuring and recording the temperature of the

secondary chamber on a continuous basis, the output of which shall be

recorded, at a minimum, once every minute of operation;

l17) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device that automatically measures and records the date, time,

and weight of each charge fed into an lIMIWI; and

}e) Record monitoring data at all times during lIMIWI operation, except

during periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent of the operating hours per day ai*I for 90 percent of the operating

hours per calendar quarter that an lIMIWI is combusting hospital waste or

medical/infectious waste.

(Source: Amended at 35 Ill. Reg. , effective )

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.180 Waste Management Requirements for Commercial HMIWls Aeeeflting

'Naste Generated Off Site

a) The owner or operator of any commercial lIMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

I) Provide hospital, medical or infectious waste customers with written

information at least once a year concerning the availability of waste

management practices for reducing the volume and toxicity of waste to be

incinerated; ai*I

2.2 Conduct training and education programs in waste segregation for each of

the company's waste generator customers;

Il Ensure that each waste generator customer prepares its own waste

management plan that includes, at a minimum, the following elements:

Ai Segregation of recyclable wastes such as paper products, glass,

batteries and metals;

ill Segregation of non-recyclable wastes such as polyvinyl chloride

plastics, pharmaceutical waste, and mercury-containing waste; and

9 Purchasing recycled or recyclable products.

12) Submit a waste management plan to the Agency, in accordance with

Section 229. I 84(b) of this Part, that outlines the efforts that wiIl be
undertaken to implement the requirements distribute information as

specified in subsection§. (a)(I) through (a)(3) of this Section. and identifies

the information that will be distributed.

b) Paper or electronic copies of the materials disseminated under this Section shall

be made available to the Agency upon written request.

(Source: Amended at 35 III. Reg. , effective .

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Section 229.182 Recordkeeping Requirements

a) The owner or operator of an HMIWI subject to the emissionsemission limits

under Subpart E ofthis Part shall maintain records ofthe following information:

I) The calendar date of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

229.125 (a) (c), or in Section 229.126 (a) or (c) of this Part (as

determined by the CEMS, if applicable), and any measurements of

opacity as required under Section 229.125(b), (d), or If) or Section

229.126(b) odd):

Concentrations of all applicable llollutants listed in Section

229.125(b) or 229.126(b) of this Part (as determined by the CEMS,

ifalllllicable) and any measurements ofollacity as required undor

Section 229.125(c) or 229.126(c);

B) HMIWI charge dates, times and weights, and hourly charge rates;

C) If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxin/furan sorbent used during each

hour of operation;

E) The amount and type of Hg sorbent used during each hour of

operation;

F) The amount and type of HCI sorbent used during each hour of

operation;

ill If a selective noncatalytic reduction systcm is used to comply, the

amount and type of NOx reagent used during each hour of

operation;
ill If a selective noncatalvtic reduction system is used to comply, the

minimum secondarv chamber temperature recorded during each

minute of operation:

[ft) The secondary chamber temperatures recorded during each minute

of operation;

JH) The liquor flow rate to the wet scrubber inlet during each minute of

operation;

K1) The horsepower or amperage to the wet scrubber during each

minute of operation;

1J) Any pressure drop across the wet scrubber system during each

minute of operation;

MKc) The temperature at the outlet from the wet scrubber during each

minute of operation;

Nb) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use ofthe bypass stack, including dates,

times, and the duration ofsuch use; ana

.eN) For sources complying with Section 229.166{0 ~ofthis Part,

all operating parameter data colleeted monitored; and

ill If a bag leak detection system is used, maintain records ofthe

system alann, the time ofthe alarm, the time corrective action was

initiated and completed, and a brief description ofthe cause ofthe

alann and the corrective action taken, as applicable;

3) Identification of any calendar days for which data on emissionsemission

rates or operating parameters specified under subsection (a)(2) of this

Section have not been obtained, with an identification ofthe

emissionsemission rates or operating parameters not measured, reasons for

not obtaining data, and a description ofthe corrective actions taken;

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description ofthe malfunction and ofthe corrective

action taken to remedy it;

5) Identification of calendar days for which data on emissionsemissiol1 rates

or operating parameters specified under subsection (a)(2) of this Section

exceeded the applicable limits, with a description ofthe exceedences,
reasons for such exceedences, and a description of the corrective actions

taken;

6) The results ofthe initial, annual, and any other subsequent performance

tests conducted to determine compliance with the applicable emissions

limits and/or to establish or re-establish operating parameters, as

applicable, and a description, including sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring devices as required under

Sections 229. I66(£lf9j(l ), (2) and (3) and 229. I68{Qlfa)(I) and (2) ofthis

Part; and

8) Identification ofthe names of all HMIWI operators who have met the

criteria for qualification under Section 229.170 of this Part, including:

A) Documentation oftraining and the dates ofthe training; and

B) The date ofthe initial review and all subsequent annual reviews of

the information specified in Section 229. I72(a) of this Part, as

required by Section 229. I72(b) ofthis Part.

b) The owner or operator of an HMIWI claiming an exemption from the

emissionsemission limits in this Part pursuant to Section 229.IIO(b) ofthis Part

shall keep contemporaneous records identifying each period oftime when only

pathological waste, low-level radioactive waste, or chemotherapeutic waste is

burned, including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.11 O(c) ofthis Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

d) The owner or operator of a co-fired combustor claiming an exemption from the

emissionsemission limits under Section 229.IIO(d) ofthis Part shall maintain

records on a calendar quarter basis of the relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste combusted.

5<l The owner or operator of each HMIWI subject to the emissions limits under

Section 229.l25(c), or Section 229.126 ofthis Part. shall maintain records ofthe

annual equipment inspection required under Section 229.162 ofthis Part.

The OViner or operator of each rural HMIWI shall maintain records ofthe annual

equipment inspections required under Section 229.162 ofthis Part, any required

maintenance, and any repairs not completed within 10 days after an inspection or

the time frame established by the Ageney.
fl The owner or operator of each HMIWI subject to the emissions limits under

Section ?29.125(c1. or 229.] 26(c) of this Part. shall maintain records of the annual

air pollution control device inspection required under Section 229.162 of th is Part.

gl If a bag leak detection system is used. the owner or operator shall maintain

records ofthe system alarm. the time of the alarm. the time corrective action was

initiated and completed. a brief description of the cause ofthe alarm and the

corrective action taken. as applicable.

h2 The owner or operator of each HMIWL when applicable, shall maintain records

of any required maintenance, adjustments. or repairs identified during an

inspection required under Section 229.] 62 ofthis Part not completed within 10

days after the inspection or the timeframe approved in writing by the Agencv.

if) All records required under this Section shall be maintained onsite for a period of 5

years, in either paper copy or electronic format. unless an alternative format has

been approved by the Agency in a permit condition.

115) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Source: Amended at 35 Ill. Reg. , effective J
Section 229.184 Reporting Requirements

a) The facilities manager and the responsible official for the affected source shall

celiify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

performance test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:

1) Before January 1. 2014, except as provided for in Section 229.1 I 5(b)(3) or

Section 229. I l6( c)(4), as applicable, the test data and values for the sitespecific operating parameters established pursuant to Section

229.l42(a)(4), (5) or (6), as applicable, and a description, including

sample calculations, of how the operating parameters were established

during the initial performance test for an HMIWI subject to the emissions

limits under Section 229.125(a) or 279.126(a) ofthis Part;

The test data aRd values for the site specific operatiRg parameters

established for aR HMIWI pursuaRt to either SeNiOR 229.1 12(d), (e) or (I)

of this Part, as applicable; aRd

2) On and after January I, 20 I4, the test data and values for the site-specific

operating parameters established pursuant to Seetion 229. I42(b)(3), (4) or

(5), as applieable, and a description, including sample calculations, of how

the operating parameters were established during the initial performance

test for an HMIWI subject to the emissions limits under Section

229. I25(c) or Section 229.1 26(c) ofthis Part;

.ll If a bag leak detection system is used, analysis and supporting

documentation demonstrating conformance with guidance and

specifications for bag leak detection systems in Section 229. I66(d)(I); and

:1:2) A copy ofthe waste management plan required under Subpart K ofthis

Part.

f.l All owners or operators of HMIWls shall submit the information specified under

this subsection (c) to the Agency, as follows:

All owners or operators of HMIWls shall submit the iRformatioR specified under

this subsection (c) to the AgoRcy by September 15,200] aRd by September 15 of

each year thereafter. Once an HMIW] is issued a CAAPP permit, the OWRer or

operator of an HMI'N] shall submit these reports semi annually, in accordance

'n'ith subsectioA (d) ofthis SectioA. The annual rell0rt shall iAclude the folio,,", ing

informatioR:
61

D Bv September 15,200 I, and by September 15 of each year thereafter. for

an HMIWI subject to the emissions limits under Section 229.125(a) or

229, 126(a) ofthis Part:

;u By January 1,2014, and by January I of each year thereafter, except as

provided for in Section 229.115(b)(3) or Section 229.116(c)(4), as

applicable, for an HMIWI subject to the emissions limits under Section

229.125(c) or (e) or Section 729. I26(c) ofthis Part: and

Il The annual report required under subsection (c)(l) or (2) of this Section

shall include the following information:

AB Before January L 2014, the values for site-specific operating

parameters established pursuant to Section 229. 142(a)(4), (5) or (6)

ofthis Part, as applicable:

ill On and after January L 2014, except as provided for in Section

229.115(b)(3) or Section 229.116(c)(4), as applicable, the values

for site-specific operating parameters established pursuant to

Section 229.142(b)(3), (4) or (5) ofthis Part, as applicable:

~~ The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter, recorded for the calendar year being reported pursuant

to Section 229. 142(a)(4). (5) or (6), or Section 229.142(b)(3), (4)

or (5) ofthis Part, as applicable; and for the ealendar year

preeeding the year being reported:

ill The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter recorded pursuant to Section 229,142(a)(4), (5) or (6) or

Section 229.142(b)(3). (4) 01'(5), ofthis Part, as applicable, for the

calendar year preceding the year being reported, in order to

provide the Agency with a summary ofthe performance ofthe

affected facility over a 2-year period;

j;i'B Any information recorded pursuant to Section 229. I82(a)(3)

through (5) of this Subpart for the calendar year being reported and

for the calendar year preceding the year being reported;

E4f If no exceedences or malfunctions were recorded under Section

229.182(a)(3) through (a)(5) of this Subpart for the calendar year

being reported, a statement that nO exceedences occurred during

the reporting period; and
62

G~) Any use ofthe bypass stack, the duration of use, the reason for

malfunction, and the corrective actions taken.

d) Once an HMIWI is issued a CAAPP permit, the owner or operator of the HMIWI

shall submit the reports required under subsection (c) of this Section

semiannually. The semiannual reports must be submitted within 60 days

following the end ofthe reporting period. The first semiannual reporting period

ends on June 30 of each year and the second semiannual reporting period ends on

December 31 of each year.

Once the ovmer or operator of an HMIWI is required to submit semiannual

reports, these reports must be submitted within 60 days following the eAd ofthe

reporting period. The first seltliannual reporting period ends on March 15 of each

year and the second semiannual reporting period ends on September 15 of each

e) The owner or operator of each rural HMIWI subject to the emissionsemissioA

limits under Section 229.1 26(b) ofthis Part, shall submit an annual report

containing all information listed in subsections (b) and (c) ofthis Section by no

later than 60 days following the year in which the data was collected. Subsequent

reports shall be sent no later than 12 calendar months following the previous

report. Once the unit is subject to pennitting requirements under the CAAPP, the

owner or operator shall submit these reports semiannually in accordance with the

schedule specified in subsection (d) ofthis Section.

(Source: Amended at 35 Ill. Reg. , effective ~)
63

Section 229.APPENDIX B Operating Parameters to be Monitored and Minimum

Measurement aud Recording Frequencies

An "X" in any box in this matrix means that measurement ofthat parameter is required.

MINIMUM FREOUENCY - - CONTROL SYSTEM

Operating Data Data .!2D: Wet .!2D: Selective

Parameters Measurement Recording Scrubber Scrubber Scrubber Noncatalytic

Followed Followed Reduction

by Fabric by Fabric System

Filter Filter and

Wet

Scrubber

Maximum Continuous Once per X X X X

Charge Rate I hour

Maximum Continuous Once per X X

Fabric Filter minute

Inlet

Temperature

Maximum Continuous Once per X X

Flue Gas minute

Temoerature

Minimum Continuous Once per X X X X

Secondary minute

Chamber

Temperature

Minimum Hourly Once per X X

Dioxin/Furan hour

Sorbent Flow

Rate

Minimum Hourly Once per X X

HCI Sorbent hour

Flow Rate

Minimum Hourly Once per X

Reagent hour

Flow Rate

Minimum Hourlv Once per X X

Hg Sorbent hour

Flow Rate

Minimum Continuous Once per X X

Pressure minute

Drop Across

the Wet
64

For batch HMIWls, lecOld the char!!e per batch,

Scrubber or

Minimum

Horsepower

or Amperage

to Wet

Scrubber "--- , -

Minimum Continuous Once per X X

Scrubber hour

Liquor Flow

Rate

Minimum Continuous Once per X X

Scrubber hour

Liquor pH

I,

OJ'leFating Parameters to be Monitored and Minimum Measurement and Reeording Frequeneies,

An "Jl" in any bOll in -this matriK means tRat measttrenienl of that j'larameter is required,

MINIMUM FREQUENCY CONTROL SYSTEM

OJ'leratiRg Data Meas Data Dry Wet DI1' SerubbeF

Parameters uremeRt Reear!liBg Serubber Serubber Fallawe!l by

Fa\lawee by Fabrie Filter aBe

Fabrie Filter 'Vet Serubber

Mffilimum COlltimlOus Onee j'ler ~, 0, floo-r

MaJtimum Continuous Onee j'ler

Fabrie FiIter minute

ffile-t

"

MaKimum COlltilluous Onee pel'

flue gas minute

MiHimum Continuoas Onee j'ler

seeondar)' minute

ehamber

Minimum Hourly OIlGe j'ler

DiOllin/ Furan floo-r

Sorbent f'low

Rate
65

For batch HMIWls, record the charge per batch.

MinimHm Hourly Once per i>f i>f

HCI Sorbent floor

Flow Rate

Minimum Hg Hourly Once per i>f i>f

Sorbent FIO\\' floor

Rate

Minimum Continuous Once per i>f i>f

Pressure Drop minute

Across tile

Wtlt

Scrubber or

MinimHm

Horsepower

or Amperage

te-Wet

Scrubber

Minimum Continuous Once per i>f i>f

Scrubber minute

LiqHor Flow

Rate

Minimum Continuous Once per i>f i>f

Scmbber minute

Liquor pH I

(Source: Amended at 35 III. Reg. , effective j

Section 229.APPENDIX C Reference Test Methods and Procednres for Performance Tests

The following test methods and procedures shall be used as specified in Section 229.140(e) of

this Part, when conducting any performance test for the purposc of demonstrating compliance

with the emissionsemission limits established under this Part.

a) All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of I hour per test

run shall be used unless otherwise indicated. In order to demonstrate compliance

with the emissionsemission limits set forth in Subpart E ofthis Part, the arithmetic

average of all 3 performance test nms shall be used.

b) Method I, at 40 CFR 60, incorporated by reference at Section 229.104(d) ofthis

Part, shall be used to select the sampling location and number of traverse points.

c) Method 2, at 40 CFR 60, shall be used to determine average gas density, as well

as to measure gas velocity.
66

ill Method 3. 3A. or 313. at 40 CFR 60. shall be L1sed for gas composition analysis.

including measurement of oxygen concentration. Method 3. 3A or 313. at 40 CFR

60, shall be used simultaneously with each onhe other reference methods. As an

alternative to Method 313, ASME PTC-19-10-1981-Part 10 mav be used.

Method 3 or 3/\, at 40 crR 60 shall be used for gas composition analysis,

including measurement of m'ygen concentration. Method 3 or 3,0" at 40 CfR 60

shall be used simultaneously with each reference method.

e) The pollutant concentrations shall be adjusted to 7 percent oxygen using the

following equation:

C'dj = Cm", (20.9-7)/(20.9-%02)

Where:

C'dj pollutant concentration adjusted to 7 percent oxygen;

Cm"" = pollutant concentration measured on a dry basis

(20.9-7) = 20.9 percent oxygen -7 percent oxygen (defined oxygen

corrective basis);

20.9 oxygen concentration in air, percent; and

%02 oxygen concentration measured on a dry basis, percent.

Method 5, 26A, or 29, at 40 CFR 60, shall be used to measure PM emissions. As

an alternative, a PM CEMS may he used in determining compliance with PM

emissions using a 12-hour rolling average, calculated each hour as the average of

the previous 12 operating hours.

Metlwd 5 or 29, at 40 CFR 60 shall be used to measure particulate matter

emissions.

gl Method 7 or 7E, at 40 CFR 60. shall be used to measure NOx emissions.

h2 Method 6 or 6C, at 40 CFR 60, shall be used to measure SOo emissions.

i15) Method 9, at 40 CFR 60, shall be used to measure stack opacity. As an

alternative, the use of a bag leak detection system or a PM CEMS to demonstrate

compliance with the PM standards is considered demonstrative of compliance

with the opacity requirements.
67

in) Method 10 or lOB, at 40 CFR 60, shall be used to measure CO emissions. As

an alternative, a CO CEMS mav be used to measure CO emissions.

kl Method 22, at 40 CFR 60 shall be used to measure fugitive ash emissions,

Ii) Method 23, at 40 CFR 60, shall be used to measure total dioxin/furan emissions.

As an alternative, the facility mav elect to sample total dioxins/furans by

installing, calibrating, maintaining, and operating a continuous automated

sampling system for monitoring dioxin/furan emissions. The minimum sample

time for Method 23 sampling shall be 4 hours per test run. If the affected facility

has selected the TEQ for dioxin/furans (set out in Appendix A of this Part), as

provided under Section 229.125W or 229.126W of this Part, whichever is

applicable, the following procedures shall be used to determine compliance:

1) Measure the concentration of each dioxin/Ii-Iran tetra-through-octacongener emitted using Method 23;

2) For each dioxin/furan congener measured in accordance with subsection

(i)(I) ofthis Section, multiply the congener concentration by its

corresponding TEQ factor specified in Appendix A ofthis Part; and

3) Sum the products calculated in accordance with subsection (i)(2) ofthis

Section to obtain the total concentration of dioxin/furans emitted in tenns

ofTEQ.

!ill) Method 26 or 26A, at 40 CFR 60, shall be used to measure HCI emissions, As an

alternative, an HCI CEMS may be used to measure HCI emissions. Before

January L 2014, ifIf the affected facility has selected the percentage reduction

standard for HCI as provided under Section 229, 125WW or 229.l26WW ofthis

Part, whichever is applicable, the percentage reduction in HCI emissions (%RHC1)

is computed using the following formula:

(%RHC1)= ((E,-Eo)/E;) x 100

Where:

E,

= percentage reduction ofHCI emissions achieved;

= HCI emissions concentration measured at the control

device inlet, corrected to 7 percent oxygen (dry

basis); and

= HCI emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis).
68

rrk) Method 29, at 40 CFR 60, shall be used to measure Pb, Cd, and Hg emissions.

As an alternative. ASTM 06784-02 mav be "sed to measure Hg emissions: a

multi-metals CEMS or HQ CEMS may be used to measure Pb. Cd. and Hg

emissions: or the facility mav elect to sample Hg by installing. calibrating.

maintaining. and operating a continuous automated sampling system for

monitoring Hg emissions. Before January l. 2014. i11f.the affected facility has

selected the percentage reduction standards for metals as provided in Section

229. I25(;tl W or 229.126(;tl W of this Part, whichever is applicable, the

percentage reduction in emissions (%Rmetal) is computed using the following

formula:

(%Rmetal)=((E,-Eo)/E,)x 100

Where:

%RMETAL = percentage reduction of metal emissions (Pb, Cd,

or Hg) achieved;

E, = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, corrected to 7

percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device outlet, corrected to

7 percent oxygen (dry basis).

(Source: Amended at 35 lll. Reg. , effective ---'

IT IS SO ORDERED.

l, John Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on August 18, 2011, by a vote of 5-0.

John 1. Therriault, Assistant Clerk

lllinois Pollution Control Board