### JOINTCOMMITTEE ONADMINISTRATIVERULES.. ,'-'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, Code229) 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 ofthe economic and budgetary effects ofthe 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 atleastby the time the agency submits its Second Notice on this rulemaking,
JCAR staffwill 

### contact you ifthey need any further economic information not coveredby your submission ofthe form, The information from the economic and budgetary analysis will 

### be presentedto themembers ofJCAR as partofthe staff's review ofthis issue,
Thank you for your cooperation, Ifyou 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

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### # 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 ofIllinois Center 100 WestRandolph, Suite 11-500 Chicago, Illinois 60601

Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNatural Resources One Natural Resources Way Springfield, Illinois 62702-1271
Wade Van Zee Stericycle, Inc. 5815 Weldon Springs Rd. Clinton, 1L61727 NOTICE

Matthew.T. Dunn, Chief Environmental Enforcement/Asbestos Litigation Division Illinois Attorney General's Office 69 WestWashington 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 WestRandolph, Suite 11-500 Chicago, Illinois 60601
PLEASE TAKENOTICE that Ihave today filed with the Office ofthe Pollution Control Board the ILLINOIS EPA FIRSTNOTICE COMMENTS AND THIRD ERRATA TO HOSPITALiMEDICALIINFECTIOUS WASTE INCINERATORS a copy ofwhich is herewith served upon you.

### Electronic Filing

- Received, Clerk's Office, 08/16/2011

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### PC 

### # 1 * * * * *

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DATED: August 16,2011 102I 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 ofLegal 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 inthis rulemaking

to amend 35 Ill. 

### Adm. Code, new Part229. The Illinois EPA believes theproposed amendments
ofPart229 will reduce emissions from hospital/medical/infectious waste incinerators. The Agency also thanks the Board forthis opportunity to presentcomments.

I. 

### Section 229.142 Initial Performance Testing and EstablishmentofOperating Parameters for all HMIWIs
The Illinois EPA believes it made atypographical error which is reflected inthe Boards order at Section 229.142(b)(I). In the Board's orderofJune 16, 20II, subsection (b)(I) stated "[e]xcept as provided in Section 229.115(a)(2)(B)(v) ofthis Part

..." The citation contains an error, the text should read, "[e]xceptas provided in Section 229.l15(b)(2)(B)(v) (a)(2)(B)(v) ofthis Part..."
2. The Board also noted on page 13 ofits June 16,20II, orderthat "[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

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### PC 

### # 1 * 

### * * * *

both subsections, the Boardremoved 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 subjectto 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 thatthe HMIWI has been rendered pennanently inoperable by September 15, 2000, for an HMIWI as defined in Section 229.] 10 (a)(I), or byJanuary], 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 betterwith 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 orbefore 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 subjectto 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 thatthe HMIWI has been rendered permanently inoperable by September] 5, 2000, for an HMIWI as defined in Section 229.110 (a)(I), orby January], 2014 for an HMIWI as defined in Sections 229.] 10 (a)(]) and (a)(2) ofthis Part:

The Agency agrees with the Board's editorial change to Section 229.1 ]6(c).

### Electronic Filing

- Received, Clerk's Office, 

### 08116/2011

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### PC 

### # 1 

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cSTATE OF ILLINOIS
COUNTY OF SANGAMON ) ) ) 

### SS

CERTIFICATE OF SERVICE I, thc undersigned, on oath state that Ihave served electronically the attached ILLINOIS EPA FIRSTNOTICE COMMENTS AND THIRD ERRATA TO HOSPITALiMEDICALIINFECTIOUS WASTE INCINERATORS upon the following persons: 

### John Therriault, Clerk Illinois Pollution Control Board State ofIllinois Center 100 WestRandolph, Suite 11-500 Chicago, Illinois 60601

Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNatural 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 WestRandolph, Snite 11-500 Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, 

### lsICharles E. Matoesian Charles E. Matoesian Assistant Counsel Division ofLegal 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. FirstNotice. RIl-20 (Rulemaking

- Air)

OPINION AND ORDER OF THE BOARD (by C.K. Zalewski):
In recognition ofproponent's motion for expedited consideration granted today, the Boardtoday adopts afirst 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 ofthe Agency's proposal as amended by the Agencyto date in its May 25 and June 13, 2011 errata sheets, and containsthe compliance dates agreed to by Stericycle at the first hearing. The participants are free to suggest additional changes atthe secondhearing. Priorto adoption ofany second notice order for review bythe Joint Committee on Administrative Rules, the Board will considerwritten public commenttimely received during the public commentperiod established by the hearing officerfollowing the June 28, 201 I hearing.
PROCEDURAL HISTORY
On December23, 2010, the Illinois Environmental Protection Agency (Agency orIEPA) filed arulemakingproposal for amendments to the Board's air quality standards rules pursuantto the general rulemakings provisions ofSection 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 otherthings, aTechnical Support Document (TSD) 1

, 

### a motion for waiver ofcopy submission requirements2

, 

### and amotion for expeditedreview (MER).
In the StatementofReasons (SR) accompanyingthe proposal, the Agency statedthatthis 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 ofComplying with the Proposed Revisions to 35 lllinois. Administrative Code, Part 229: Hospital/Medical/Infectious Waste Incinerators", AQPSTR10-08, IEPA (Dee.IO, 2010)

2 

### The Boardtoday continues to reserve ruling on the motion for waiver ofcopy 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 stringentthan existing ones), revised waste management plan provisions (for greater flexihility in demonstrating compliance), and removal ofan 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, 20II 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, 20II). Accordingly, the Agency prefiled testimony on February 18, 20II 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 thatthe 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 statingthat it was unable to perform an economic impact study.
The first-scheduled set ofhearings did nottake place, as newspaperpublication was not accomplished to allow for the 30-day pre-hearing notice required by the CAA in all ofthe state's II airregions. Hearings were rescheduled for June 8 and 28, 20II; to facilitate hearing efficiency, the Agency and Stericycle were directed bythe hearing officerto pre-file answers to questions concerningthe previously-prefiled testimony. 

### See hearing officer order (Apr. 20, 2011)4 ] USEPA adopted its "Standards ofPerformance forNew Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators" at 74 Fed. Reg. 51368 (Oct. 6, 2009). States were requiredto have State Implementation Plans (SIP) revisions with the new ineineratorrules filed within ayear ofthe date ofUSEPA promulgation ofthe new rules, i.e. by October 6,2010. Section I29(b)(3) ofthe federal Clean AirAct (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 officernotes thatthe Board could still timely adoptrules onthe schedulepreferred bythe Agency ifthe Board adopts afirstnotice proposal no laterthan the Board meeting scheduled for June 16,201 1.
The Boardhypothetically could adoptthe 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, 20I]. The first hearing was held in Clinton on June 8, 20] ], and the second is scheduled forJune 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 oflegislative 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 ofEnvironmental 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 ofany hearings. But, given Stericycle's prefiled testimony concerningthe proposed cornpliance dates, Board action in advance ofhearing could be misconstrued as prejudgmentonthe merits ofthe proposal without allowing Stericycleto be heard.
Underthese circumstances, it would be mosthelpful ifthe June 8hearing could develop arecord for Board deliberation that makes clear any agreements or disagreements the Agency and Stericycle haveconcerningthe other's respective positions onthe proposal. So, Board staffhas taken steps to encourage the participantsto refine theirthinking concerning theAgency's proposal and Stericycle'stestimony concerning the proposed compliance dates. Attachedto this orderare questions concerningthe previously-filed testimony, whichthis order requests thatthe Agency and Stericyle respondto in writing in advance ofhearing, on orbefore May23,2011. Hearing officer order (Apr. 20, 2011) at p. 3.

5 The hearingtranscript is cited as "Tr.".

6 Exhibit I: Testimony ofDixon Nwaji, Environmental Protection Engineer, [EPAAir 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 FirstErrata to Questions Regarding Hospital/Medical! Infectious Waste Incinerators; Exhibit4: 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, VPLegislative and Regulatory Affairs); Exhibit 6: 6/23/20I ] Hearing officer orderin RII-24 addressing questions to IEPA and Stericycle re theirrespective 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. 

### Bothparticipants agreed to aminor language modification in Section 229.1 15 (b)(2)(B)(vii) suggested by the hearing officer and indicated on the face ofExhibit2. Tr. at 15. Testimony ofIEPA's Dixon Nwaji
The Agency presentedthe prefiledtestimony ofDixon Nwaji an Environmental Protection Engineer in the Agency's Air Quality Planning Section. The testimony was entered into the record as ifread 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, includingthe national emission standards forhazardous airpollutants (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 thatthe CAA requires the USEPA, in orderto to protectpublic health and welfare, topromulgate maximum achievable control technology standards (MACT) for the control ofemissions oflistedpollutants from HMIWI. MACT standards are based on the maximum degree ofreduction in emissions oflisted toxic air pollutants already being achieved bythe best-controlled and lower-emitting sources in an industry group (inthis instance, the HMIWI source category). The listedpollutants are hydrogen chloride, carbon monoxide, lead, cadmium, mercury, particulate matter, oxides ofnitrogen, sulfurdioxide, 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 sourceperformance standards (NSPS) for new HMIWI units, and emissions guidelines (EG) for existing HMIWI units (the 1997NSPS/EG standards). Illinois adopted rules codified as 35 Ill. Adm. Code Part 229, and USEPA approved as part ofthe Illinois SIP rules thatreflectthe emissions guidelines underthe 1997NSPSIEG standards. Exh. I at unnumbered p. 3.
On March 2, 1999, the U.S. Court ofAppeals for the DistrictofColumbiaCircuit in a case challenging USEPA's methodology in deriving the 1997 MACT standards, remanded the rule for further explanation from USEPA ofits derivation ofthe standards. Since the appellate courtdid not vacate the rule, rule requirements remained in effectduring 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 bypetitioners, and also5


### satisfied USEPA's obligation underthe 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 airpollutants (HAPs) and criteriapollutants 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 will be achieved from the implementation ofthe proposed amendments will accordingly benefitpublic health and the environment. Exh. 1 at unnumbered p. 3.
Mr. Nwaji explained that incineration is among the existing waste treatmenttechnologies used to process medical waste to make itbiologically and chemically safe for disposal in a landfill. The advantages ofincineration include destruction ofpathogens and hazardous organics, reduction in the volume ofmaterial combusted, and energy recovery. In addition, incineration leaves wastes unrecognizable aftertreatment. But, amajor disadvantage of incineration as atreatment method is the public health riskposed by the emissions ofhazardous airpollutants from the waste incineration process. Otherwaste treatmenttechnologies 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 ofpublic health risk that incineration does. Exh. I at unnumbered p. 3.
Mr. Nwaji noted that eachwaste treatment method presents its ownperformance 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 ofenvironmental 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 ifincinerated. Otherenvironmental impacts associated with landfilling ofautoclaved medical wastes include landfill gas emissions, landfill leachate issues, and impacts ofwaste transportation traffic. Exh. 1 atunnumbered p. 3. Summary ofProposed Revisions. Mr. Nwaji statedthat emission limits under the 2009 NSPS/EG standards are far more stringentthan the 1997 NSPSIEG standards, and that most of the HMIWI units nationwide (including units located in Illinois) would need to improve performance in orderto comply with amended standards. The CAA requires that the standards under an approvable SIP be at least as protective as those underthe 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 ofSSM 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 thatalso affect emissions from HMIWI, the use ofpercent 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 managementpractices such as waste segregation at the point ofgeneration, purchasing ofrecycled or recyclable products, and good combustion control practices are effective pretreatment strategies for reducing emissions ofcertain targetpollutants. Occupational Safety and Health Administration (OSHA) requirements preclude commercial 

### HMIWI operators from segregating medical waste received from clientwaste generators for treatment. Taking into accountthe elTectiveness ofwaste segregation as apretreatment strategy, the proposed revisions include arequirementthat commercial 

### HMIWI operators provide training and education in waste management practices, and ensure that each clientdevelops its ownwaste managementplan 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 stacktestingrequirements, and a provisionthat would allow for the use ofprevious testes) results for initial compliance demonstration ifcertain criteria are met. Also included is the provision that would allow 

### HMIWI operators to forego required annual testes) for the subsequenttwo years ifall three annual testes) over athree-year period indicate compliance with the applicable limits forparticulate matter, carbon monoxide, or hydrogen chloride. The proposed revisions also include the requirements for a one-time visible emissions test ofash handling operations, and annual equipment and airpollution control device(s) inspections. Exh. I at unnumbered p. 4. Finally, the proposed revisions include a provision for aphased 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 orderto 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 subjectto 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 ofmedical waste management services. In addition to its use ofincineration to treat medical waste, StericycIe also uses otheralternative treatment methods such as its proprietary ElectroThermal Deactivation and autocIaving to process waste at its otherfacilities outside the state. 

### Id. atunnumbered p. 4-5.
Costand 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 ofpast performance tests, Mr. Nwaji statedthat neither ofthe two known f-1MIWlunits (as configured) meet all the emission limits for the targetpollutants in the proposed revisions. In otherwords, 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 ofthese measures to meetthe proposed standards. Exh. 1 at unnumbered p. 4.
Mr. Nwaji's analysis ofUSEPA's data developed for the 2009 NSPS/EG standards rulemaking shows an estimatedtotal capital costto Stericycle for compliance with the proposed revisions ofapproximately $2.3 million for the 2 HMIWI units. He estimates that the total annual cost ofcompliance 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 atotal capital cost ofapproximately $981,000, and atotal annual cost of approximately $526,000. Exh. I at unnumbered p. 5.
Mr. Nwaji stated that, based on the analysis ofdata used in developing the 2009 NSPSIEG standards on which the proposed revisions to Part229 are based, it is not expected that the incremental costs ofcompliance will significantly impactcommercial operators and waste generators, whetherthe costs are absorbed orpassed 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. Forthe waste generators, the additional costs serve as incentive to implementenhanced waste managementpractices such as waste segregation to reduce cost ofdisposing theirwaste by minimizingthe amount ofwaste sent offsite for treatment. Forthe commercial operator(such as StericycIe), it is expected thatthis will translate to a decline inthe quantity ofmedical waste received for treatment, as well as declines in treatment costs, incinerationrevenues, and profits. Exh. I atunnumbered p. 5.
Mr. Nwaji concluded that, in developing the proposed revisions to Part 229,IEPA reviewed and relied upon the documents detailing results ofUSEPA's analyses ofdata used in developing the 2009 NSPS/EG standards on which theproposal is based. In Mr. Nwaji's8 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 particulartechnical 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, ifnecessary. 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) similarto that in the USEPA rules. Testimony ofStericycle's Selin Hoboy
Afterthe Agency's presentation, Stericycle's Selin Hoboy presented a short statement. Ms. Hoboy did not present the text ofthe 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 ourprefiled testimony." Tr. 13. These prefiled statements will be summarized below, prior to summary ofthe balance ofMs. 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 ofcompliant healthcare waste services to over400,000 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 incineratorunits throughout the U.S., including the Clinton facility. Ex. 3, p. ]. Stericycle stated that it acknowledges that it is subjectto the Part 229 rules, and that the Agency-proposed amendments to the rules are necessary underthe 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 ThatWill Continue to Operate 

### ill On and afterJauuary L 20]4, each owner oroperatorofan HMIWI. as defined in Section 229.1 ]0 (a)(l) or(a)(2) ofthis Pal1, and subjectto the emissions limits under9
Section 229.125(c) or (e) ofthis 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) ofthis subsection, the owneror operator ofan HMIWl may have until October 6, 2014, to comply with this Part. To avail themselves ofthis extended compliance timeframe, the owner oroperator ofan HMIWI shall do all ofthe following: A) Submit its CAAPP application to the Agency, on or before January 1, 2013, requesting an extended compliance schedule, pursuantto 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 HMIWl and incremental steps to be taken toward compliance with this Partthat, at a minimum, meetthe increments ofprogress specified in subsection (b)(2)(B) of this Section; 

### ill Meetthe following increments ofprogress by the dates indicated: 

### D Finalize all contracts for the purchase ofeither pollution control equipment, process modification or control systems by July 1, 2011; 

### ill Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofair pollution control devices for the HMIWI by April 1, 2012; 

### ilil. Complete either the process modifications orthe installation orconstruction onhe new airpollution c control equipment by January 1. 2013; 

### iY2 Perform initial startup ofthe retrofitted HMIWI by July 1, 2013; and v) Completethe initial performancetest in accordance with Section 229.142 ofthis Partwithin 180 days after10
initial startup. Exh.3 at 2-3, citing lEPA 12/23/10 proposal. Stericycle proposed an alternate schedule below that identifies afinal compliance date of August 1,2014 (Exh. 3 at 4):

Increments ofprogress Stericycle Proposed Date i) Finalize all contracts for the purchase of either pollution August I, 2012 control equipment, process modification orcontrol systems ii) Commence the implementation of either the process March 1,2013 modifications or the necessary construction or installation ofair pollution control devices for the HMIWI iii) Complete either the process modifications or the installation September I, 2013 orconstruction ofthe new air pollution control
Exh. 4 at 2. Stericycle articulated five concerns, which it believed were met by its alternate proposal:
1. The time requiredto perform the requisite retrofit activities at the Clinton facility as outlined inthe alternate schedule. The new HMIWI regulations will require very significantreductions in emissions from medical waste incinerators. U.S. EPA's new limits are so stringentthatthere is notan existing commercial HMlWI in operation anywhere in the U.S. thathas demonstrated the ability to meet all ofthe new emission standards. As such, substantial airpollution control equipmentchanges and data acquisition system improvements/changes are going to be required atall HMIWI to comply with the new emission limits. 2. U.S. EPA identifiedthree different airpollution control (APC) systems thatwould be employed to meetthe new emission limits. MostHMIWI 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 adoptthe 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 ofapproval ofa State plan or 5 years after promulgation ofthe revised standards, whichever is earlier. Consistent with CAA (Clean AirAct] section 129, EPA expects states to require compliance as expeditiously as practicable. However, because we believe that many HMIWI will find it necessary to retrofitexisting emission control eqnipmentand/or install additional emission control eqnipment in orderto meetthe 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 submitthe construction permitapplication for the retrofit activities and then adequate time to allow IEPA to review the application and issue the resultingI 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 ofmeeting the time frames, Specifically, the administrators ofthe 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 thatccrtaiu 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 occurwill be significant, regardless ofhow 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 ofexternal 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 leadtime for equipment aud services. OtherFederal air quality rules (e,g., BoilerMACT/CISWI) have similarcompliance 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 contractfor 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 impactthe emissious of one pollutant, may actually have an opposite effectand uegatively impact the emissions of anotherpollutau!. As such, an appropriate implementation schedule is not only necessary to upgrade/iustall/improvethe APC systems as a whole, butto evaluatethe performance ofthese systems andensure reliable, consistentcompliance with all ofthe emission limits.
TheAPC evaluation will require pre-testingto confirm propersystem operatiou and the ability to demoustrate compliance with the uew limits. Actual testing ofthe HMIWI with retrofit APC will iuclude scheduling atestiug company, perfonning atest, receiviug results, andpossibly re-evaluating ormakiug 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 aresult, Stericycle must plan for coutingencytime to perform the shakedowu ofthe new equipmentatthe Clintou facility in advauce ofconducting 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 officerorder, in a May 25, 2011 filing (Exh.5), Stericycle proposed anothercompliance schedule:12

Increments ofprogress 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 ofair 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, 20I4 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 ofprogress 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 ofair pollution control devices for the HM1Wl iii) Complete either the process modifications or the installation September 1, 2013 orconstruction ofthe new air pollution control equipment iv) Achieve final compliance which includes incorporating all June 1,2014 process changes, and/or completing retrofitconstruction as described in the final control plan connecting the airpollution control equipmentorprocess changes suchthatthe unit is brought online and ensuring that all necessary process changes and air pollution control equipment are operating properly v) Complete the initial performance testin accordance with October 6, 2014 Section 229.142 ofthis Part vi) Submitthe results ofthe initial performance test andrevised 60-days following initial performance waste managementplans to IEPA tests vii) Submitnotification to 1EPA within 10business days of Various completing orfailing to completei)-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 powerto comply with the agreed-upon dates, Tr, at 20,13

Motion for Expedited Review
In support ofits December 23, 2011 motion for expedited review (MER) ofthis 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 ofPerformance 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 ofUSEPA promulgation ofthe new rules, i.e. by October 6,2010. IEPA did not complete drafting ofamendments "because ofother commitments, and strained resources". MER at I.
Section I29(b)(3) ofthe Clean AirAct requires USEPA to develop a Federal Implementation Plan (FIP) within two years offederal rule promulgation i.e. by October 6,2011. IEPA says that Illinois can still avoid aFIP, ifIllinois submits the SIP revision by October 6, 20II. MER at 2. The motion did not specify what actions IEPA would like the Boardto taketo 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 itwere 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 bythe May 25, 2011 and June 13,2011 errata sheets, andthe agreed-upon compliance dates presented at the June 8, 2011 hearing. The first notice proposal also reflects editorial changes to the Agency's proposal bythe Board at229.116(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 consistentwith USEPA rules. Stericyle agrees that the rules must be amended, and agrees that the compliance dates as amended during the course ofthis 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 thatthis record (as developed to date) demonstrates, within the meaning ofSection 27(b) ofthe Act that there is no "adverse economic impact on the People ofthe State ofIllinois." Following the close ofthe shortpost-hearing commentperiod following the second hearing on June 28, 2011, the Board will issue its second notice opinion and ordersummarizing14
the hearing testimony and post-hearing comments, and making any amendmentsjustified by the record.
ORDER
The Board directs the Clerkto 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 SUBCHAPTERc: 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 ThatWill Continue to Operate Compliance Schedules for HMIWIs ThatWill ShutDown
SUBPART D: CAAPP PERMIT REQUIREMENTS

CAAPP PennitRequirements
SUBPART E: EMISSIONS, LIMITSSection 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 ofStartup, Shutdown, orMalfunction (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 ofOperating 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 ParameterValues Compliance Requirements for HMIWIs Using CEMS Violations by HMIWIs Equipped with a Dry ScrubberFollowed by a Fabric Filter Violations by HMIWIs Equipped with a Wet Scrubber Violations by HMIWIs Equipped with a Dry ScrubberFollowed by a Fabric Filter and a Wet Scrubber Compliance Requirements for Rural HMIWIs Inspection Requirements for All Rufal HM1WIs Optional Performance Testingto 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

OperatorTraining and Qualification Requirements Documentation To Be Maintained On-Site for Employees Operating HMIWIs16
SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS
Section 229.176 229.I78

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 OffSite 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 PermitProgram [415 lLCS 5/39.5] Cadmium Continuous Emissions Monitoring System Carbon monoxide dry standard eubie foot dry standard eubie meter eubie feetgr/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 perbillion 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 permillion 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 ofa tenn is clearfrom 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 ofmonitoring PM loadings in the exhaust ofa fabric filter in orderto detect bag failures. A bag leak detection system includes, but is not limited to, an instrumentthat operates on triboelectric, lightscattering. light-transmittance, or other effects to monitor relative PM loadings.
"Batch HMIW!" means an HMIWI that is designed in such away thatneither waste charging nor ash removal can occur during combustion. "Biologicals" means preparations made from living organisms and theirproducts, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, ortreating humans or animals or in research pertaining thereto. "Body fluids" means liquid emanating orderived 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 airpollution control device orother equipment. "Charge" means the act ofplacing waste into an HMIWI for incineration. "Chemotherapeutic waste" means waste material resulting from the production oruse of antineoplastic agents used for the purpose ofstopping orreversing 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 subjectto an enforceable requirement limiting the unit to combusting afuel feed stream, ofwhich 10 percent or less ofthe weight is comprised, in aggregate, ofhospital waste and medical/infectious waste as measured on acalendar quarter basis. For purposes ofthis definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculating the percentage ofhospital waste and medicallinfeetious waste combusted.
"Commercial HMIWI" means an HMIWIwhich offers ineineration services for hospital!medical! infectious waste generated offsite by firms unrelatedto the firnl that owns the HMIWI.
"Continuous emission monitoring system" or "CEMS" means a monitoring system for continuously measuring and recording the emissions ofapollutantfrom 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 ofanytetra- 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 airpollution 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 powdermaterial.
"Fabric filter" means an add-on airpollution 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, orthe owner's or operator's representative responsible forthe19 management ofan HMIWI. Alternative titles may include director offacilities or vice president ofsupport services. "High airphase" 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 inpatientbeds 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 of24 hours per admission. This definition does not include facilities maintained for the sole purpose ofproviding nursing or convalescent care to human patients who generally are not acutely ill butwho require continuing medical supervision. "Hospitallmedicallinfectious waste incinerator" or "HMIWI" means any device that combusts any amount ofhospital waste ormedical/infectious waste. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition ofhospital 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 ofan HMIWI.
"Infectious agent" means any organism that is capable ofbeing communicated by invasion and multiplication in body tissues and is also capable ofcausing disease or adverse health impacts in humans.
"IntermittentHMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion. "Large HMIWI" means:

AnHMIWI whose maximum design wasteburning 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, orboth, in concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low-level radioactive20

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 ofa process to operate in a nom1al or usual manner. Failures that are caused, in part, by poor maintenance orcareless 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 recentperformance test demonstrating compliance with all applicable emission limits specified in Subpart E ofthis Part.
Forbatch HMIWI, 110 percent ofthe lowestdaily charge rate measured during the mostrecent 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 

### P

v 15,000 = 8,500 = HMIWI capacity, Iblhr primary chamber volume, fe primary chamberheat release rate factor, Btu/ft 3 /hr standard waste heating value, Btu/lb;
Forbatch HMIWI:
C=Pv x 4.5/8
Where:

C 

### P

v 4.5 8 HMIWI capacity, Iblhr primary chamber volume, 

### ft3 waste density factor, lb/ft3



## =typical hours ofoperation ofa batch HMIWI, hours.
"Maximum fabric filter inlet temperature" means 110 percent ofthe lowest 3-hour average temperature at the inletto the fabric filter (taken, at a minimum, once every minute) measured during the most recentperformance test demonstrating compliance with the applicable dioxinlfuran emission limit specified in SubpartE ofthis Part.

### 21
"Maximum flue gas temperature" means I10 percent ofthe lowest 3-houraverage temperature at the outlet from the wet scrubber (taken, at aminimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable Hg emission limit specified in Subpart Eofthis Part.
"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beings or animals, in research pertaining thereto, or in the production ortesting ofbiologicals. The definition ofmedical/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 ofinfectious agents and associated biologicals, including: vaccines and cultures intended for use in diagnosing, immunizing, ortreating humans or animals; cultures from medical and pathological laboratories; cultures and stocks ofinfcctious agents from research and industrial laboratories; wastes from the production ofbiologicals; 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 othermedical procedures, and specimens ofbody fluids and theircontainers;
Human blood, anyproducts derived from human blood, oranythingthathas been in contactwith human blood in any form;
Intravenous bags and associated tubing; Sharps thathave been used in animal orhuman patientcare ortreatmentor in medical, research, orindustrial laboratories, including hypodermic needles, syringes (with or withoutthe attached needle), pasteurpipettes, 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 ofbroken orunbroken glassware thathas been in contactwith 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 ofbiologicals or testing ofpharmaceuticals;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 perhourbut less than orequal to 500 Ibs perhour; or A continuous or intermittent HMIWI whose maximum charge rate, as setby permit, is morethan 200 lbs perhourbut less than orequal to 500 Ibs perhour; or A batch HMIWI whose maximum charge rate, as setby permit, is more than 1,600 Ibs per day but less than orequal to 4,000 Ibs per day.
"Minimum dioxin/furan sorbent flow rate" means 90 percent ofthe highest 3-hour average dioxin/furan sorbentflow rate (taken, at a minimum, once every hour) measured during the mostrecentperfonnance test demonstrating compliance with the applicable dioxin/furan emission limit specified in SubpartE ofthis Part.
"Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-houraverage Hg sorbentflow rate (taken, at a minimum, once every hour) measured during the most recentperfonnance testdemonstrating compliance with the applicable Hg emission limit specified in SubpartE ofthis Part.
"Minimum HCl sorbentflow rate" means 90 percent ofthe highest 3-houraverage HCl sorbentflow rate (taken, at a minimum, once every hour) measured during the most recentperformance test demonstrating compliance with the applicable HCI emission limit specified in SubpartE ofthis Part.
"Minimum horsepower" or "minimum amperage" means 90 percent ofthe highest 3-hour average horsepower oramperage to the wet scrubber (taken, at a minimum, once every minute) measured during the mostrecentperfonnancetest demonstrating compliance withthe applicable emission limits specified in SubpartE ofthis Part.
"Minimumpressure drop across the wet scrubber" means 90 percent ofthe highest 3- houraverage pressure drop across the wet scrubberPM control device (taken, at a minimum, once every minute) measured during the mostrecentperformance test demonstrating compliance with the applicable PM emission limit specified in this SubpartE ofthis Part.23

"Minimum reagent flow rate" means 90 percent ofthe 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 ofthis Part.
"Minimum scrubber liquorpH" means 90 percent ofthe highest 3-houraverage 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 SubpartE ofthis Part.
"Minimum secondary chambertemperature" means 90 percent ofthe highest 3-hour average secondary chambertemperature (taken, at a minimum, once every minute) measured during the mostrecent performance test demonstrating compliance with the PM, CO, dioxin/furan, and applicable NOx emissions limits specified in SubpartE of this Part.
"MiHimum seeaRdary ehambertemperattlfe" meaRS 90 pereent afthe highest 3 hour average seeoHdary ehambertemperature (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 a24-hourperiod between 12:00 midnight and the following midnight during which any amountofhospital waste ormedical/infectious waste is combusted at any time in an HMIWI. "Operation" means anyperiod during which waste is combusted in an HMIWI, excluding periods ofstartup or shutdown. "Pathological waste" means waste material consisting ofonly human or animal remains, anatomical parts, tissue, and the bags or containers used to collect andtransport the waste material and associated animal bedding, ifapplicable. "Primary chamber" means the chamber in an HMIWI thatreceives 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 perweek ofhospital waste and medical/infectious waste (exceptthe 2,000 1bs per week limitation does not apply during performance testing).
"Secondary chamber" means that component ofan HMIWIthatreceives 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 orequal to 200 lbs perhour; or A continuous orintennittentHMIWI whose maximum charge rate, as set by permit, is less than orequal to 200 Ibs perhour; or A batch HMIWI, whose maximum charge rate, as setby permit, is less than or equal to 1,600 lbs perday. "Startup" means theperiod oftime between the activation ofan HMIWI and the first charge ofwaste to the unit. Forbatch HMIWI, startup means the period oftime between activation ofan HMIWI and ignition ofthe waste.
"Wet scrubber" means an add-on airpollution control device that utilizes either an alkaline or some othertype ofscrubbing liquorto collectpollutants 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 Partby reference. These incorporations by reference do not includc any later amendments oreditions. a) "An Ounce ofPrevention: 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 MetropolitanAreas," OMB Bulletin No. 93-17, Office ofManagement and Budget, Washington, D.C. (June 30, 1993).

### 25
Office ofManagement 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, subpartCe 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 West43rd 

### Street, 4th 

### Floor, New York. NY 10036. (212) 642-4980. 

## il ASTM 06784-02, Standard Test Method forElemental, 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 BarrHarborDrive, PO Box C70, West Conshohocken, PA 19428-2959. (610) 832-9585. j} "Fabric FilterBag Leak Detection Guidanee", U.S. Environmental Protection Agency. (EPA-454/R-98-015, September 1997). SuperintendentofDoeuments, U.S. GovernmentPrinting 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 eitheron orbefore June 20, 1996, or modification was commenced eitheron orbefore March 16, 1998: or 

## 22 Construction commenced either afterJune 20, 1996 butno laterthan December I, 2008, or for which modification is commenced afterMarch 16, 1998 butno laterthan 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 subjectto the emission limits in this Part is only subjectto 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 ofits intention to operate pursuantto this operating scenario in its CAAPP application submitted in accordance with either Section 229.1 15(b)(I), Subpart Dofthis Part, or Section 39.5 ofthe Act. c) An HMIWI that combusts only pathological waste, low-level radioactive waste, or chemotherapeutic waste is subjectto only the recordkeeping requirements set forth in Section:; 229.J82(c), (I) and (g) ofthis Part, provided that the owner or operator ofan HMIWI provides, by December 15, 1999, both the Agency and the USEPA with awritten certification ofits status as an HMIWI burning only the wastes listed in this subsection. d) A co-fired combustor is subject onlyto the rccordkeeping requirements setfmih in Sections 229.1 82(d), (I) and (g) ofthis Part, provided that the owner or operatorofthe combustor is subjectto apermit condition limiting its fuel feed stream to co-fired combustor status, provides, by December IS, 1999, both the Agency and USEPA with awritten certification ofits status as a co-fired combustor including an estimate ofthe relative weight ofhospital waste, medical/infectious waste, and otherfuels and/or waste combusted at the facility. e) Anyhospital that does not operate an HMIWI butthat sends any ofits hospital waste ormedical/infectious waste to an off-site HMIWI is subject only to the waste managementplan provisions set forth at Section 229.I78 ofthis Part.
Before January I, 2014, each owner or operator ofan HMIWI. as defined in subsection 229. 110 (a)(l) ofthis Section subjectto the emissions limits under Section 229.125(a) or Section 229.126(a), shall comply with all the applicable provisions ofthis Part.
On and afterJanuary 1,2014, an HMIWI as defined in subsection 229.110 (a)(l) ofthis Section is no longer subjectto the emissions limits under Section 229.I25(a) or Section 229.I26(a) ofthis Part. but is subjectto 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 afterJanuary J, 20J4, each owncr and operator ofan HMIWI as defined in subsection 229.1 10 (a)(2) ofthis 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 subjectto the emissions limits under Section 229.125(c) or Section 229.126(c), and shall comply with all the applicable provisions ofthis Part (Source: Amended at 35 Ill. Reg. , effective )
Section 229.112 Exemptions Notwithstanding otherprovisions ofthis Part, the following emission units are exempt from the requirements ofthis Part: a) Any combustorrequired to have a permit under Section 3005 ofthe SolidWaste Disposal Act. 42 U.S.C. 6925; b) Any municipal waste combustorthat meets the applicability provisions for municipal waste combustors under Subparts Cb, EaorEb of40 CFR60; c) Any pyrolysis unit (Le., aunitthatuses endothermic gasificationto treathospital waste ormedical/infectious waste in orderto render such waste harmless); d) Any cementkiln firing hospital waste or medical/infectious waste; or 

## 5D Any HMIWI that meets the applicability provisions for Standards ofPerformance for HospitallMedical/lnfectious Waste Incinerators under SubpartEc of40 CFR 60,
AflY HMIWI sHl3jeetto the Standards efPel'forma.'1ccfor Hespital/!,{ediea!/l:J/Cctieus Waste l.'1cincra:el'Sfor Which Censtructien is CemmcnccdAjierJh'nc 2(}, !996, cOfltaifled ifl SHbpart Ec of40 CFR 60.50c. (Source: Amended at 35 Ill. Reg. -', effective -')
SUBPART C: COMPLIANCE SCHEDULES
Section 229.115 Compliance Schedules for HMIWls ThatWill Continue to Operate
Before January 1, 2014, each owner or operatorofan HMIWI, as defined in Section 229.110 (a)(I) ofthis Part subjectto 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 ofthis Section and unless another date is specified in the provisions ofthis Part, all owners or operators ofHMIWls shall be in compliance with all ofthe provisions of this Part by September 15, 2000. 

### ;st.) Except as provided in subsection

### Will fe-) ofthis Section, the owner or operator ofan 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 ofan 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) 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 ofprogress specified in subsection (a)(2)(B) ofthis Section; );l;6) Meet the following increments ofprogress by the dates indieated: iA) Finalize all eontracts for the purehase ofeitherpollution control equipment, process modification orcontrol systems by February 29, 2000; jiB) Commence the implementation ofeitherthe process modifications orthe necessary construction orinstallation ofairpollution control devices for the HMIWI by November 30, 2000; iiiG) Complete eitherthe process modifications orthe installation or construction ofthe new airpollution 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 owneror operator ofan HMIWI that fails to demonstrate compliance withthis Partby September IS, 2002, shall cease operation ofthe HMIWI until compliance with theprovisions ofthis Part is achieved.29

:'I:tl) Notwithstanding subsection

## Willfl'>f ofthis Section, all owners or operators ofHMIWls shall be in full compliance with all ofthe HMIWI operatorprovisions ofSubpartJ ofthis Part by September 15,2000. 

### ill On and afterJanuary L 2014. each owner oroperator ofan 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) ofthis Part. as applicable. or Section 229.126(c) ofthis Part. shall comply with the applicable provisions ofthis Part according to the following schedules: 

### II Except as provided in subsection (2) ofthis Section and unless another date is specified in the provisions ofthis Part. all owners oroperators of HMIWls shall comply with all ofthe provisions ofthis Partby January l, 2014. 

## ;u Except as provided in subsection (b)(4) ofthis Section. the owneror operator ofan HMIWI may have until October 6.2014. to come into compliance with the emissions limits under Section 229.125(c) or 229.126(c) ofthis Part. To avail themselves ofthis extended compliance timeframe. the owner or operator ofan HMIWI shall: 

## ill Submit its CAAPP application and construction permitto the Agency. on or before January L 2012. requesting an extended compliance schedule. pursuantto Section 39.5(5)(d) ofthe Act. [415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include documentation supportingthe need for an extension. afinal control plan for the HMIWI and incremental steps to be taken toward compliancewiththis Partthat, at a minimum. meet the increments ofprogress specified in subsection (b)(2)(B) ofthis Section; 

## ill. Meetthe following increments ofprogress bythe dates indicated: 

## il Finalize all contracts for the purchase ofeither pollution control equipment. process modification orcontrol systems byAugust I. 2012; 

## ill Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofairpollution control devices for the HMIWI by March I. 2013;30 

## iill Complete either the process modifIcations orthe installation or construction ofthe 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 ofcompleting (or failing to complete by the applicable date) each ofthe increments ofprogress 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 ofthe HMIWI. 

## 11 Ifa petition for compliance extension is granted, the owneror operator of an HMIWI as defined in Section 229.110 (a)(]) or (a)(2) must continue to comply with the provisions oftheircurrent CAAP pennit during the interim. 

## :'U Any owner oroperator ofan HMIWI that fails to demonstrate compliance with this Part by October 6. 2014, shall cease operation ofthe HMIWI until compliance with the provisions ofthis Part is achieved. 

## il Notwithstanding subsection (b)(2) ofthis Section, all owners oroperators ofHMIWIs shall be in full compliance with all ofthe HMIWI operator provisions ofSubpart

### J ofthis Part before January 1,2014. (Source: Amended at 35 III. Reg

.. , effective )
Section 229.116 Compliance Schedules for HMIWIs ThatWill Shut Down31
All owners or operators ofHMIWls that intend to permanently shut down their HMIWI as a means ofcomplying with this Part shall: 

### ;U Provide the Agency with written notice oftheir intention to permanently shut down their HMIWI, as follows: 

### II On or before November 15, 1999, for an HMIWI as defined in Section 229,II0 Ca)CI) ofthis Part subject to the emissions limits under Section 229.125Ca) or Section 229.126Ca) ofthis Part: 

## 2.1 On orbefore 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), orby 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 orbefore Nevember 15,1999; ana Take the following am_atiYe stefls te aemeHstrete thatthe 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) ofthis Section, owners oroperators 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) or229.126(c), To avail themselves ofthis extended compliance timeframe, the owneror operator of an HMTWI shall: 

## 12 Submittheir application to the Agency by July 1,2013, requesting an extended compliance schedule, pursuant to Section 39.5(5)(d) ofthe Act, [4I5 ILCS 5/39.5(5)Cd)], This compliance schedule shall include documentation ofthe analysis undertaken to supportthe need for an extension, including an explanation ofwhy 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} Ifan 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 ofincrements ofprogress and completion date for each step ofprogress: 

### Al Finalize contract with an alternative waste treatment tcchnology vendor: 

### ill Initiate onsite construction or installation ofalternative waste treatment technology; 

## g Complete onsite construction or installation ofalternative waste treatmenttechnology; and D) Take the steps described under subsection (b) ofthis Section to demonstrate thatthe HMIWI has been rendered permanently inoperable, l} Ifan 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 Ifapetition for compliance extension is granted, the owner or operator of an HMIWI as defined in Section 229, 110 (a)( 

### Il or (a)(2) must continueto comply with the provisions oftheircurrent CAAP permit during the interim, 

## il Any owner or operator ofan HMIWI that fails to demonstrate compliance with this Part by October 6, 2014, shall cease operation ofthe 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 ofSubpartJ ofthis Partby January 1,2014, (Source: Amended at 

### 35 III. Reg,, , effective -'


### Section 229,120 CAAPP 

### Permit

### Reqnirements33


### 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 subjectto the emission limits in this Part that is first required to obtain a CAAPP permit because it is subjectto the emission limits in this Part, the owneror 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) ofthis Part, for an HMIWI as defined in Section ?29.110 (a)m ofthis 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 subjectto the emissions limits in this Part shall operate pursuantto a CAAPP pennitb)' September 15, 2000.
For any HMIWI subjectto the emission limits in this Partthat is first required to obtain a CAAPP permitbecause it is subjectto the emission limits in tllis Part, thc owneroroperator shall submit a cOlfljlIete application for a CAAPP permitby September 15,2000, eJ[cept as providedfor in Section 229.115(13)(1) ofthis Part. c) Upon submittal ofatimely and complete CAAPP application, the owneroroperator ofan HMIWI shall not be in violation ofthe requirement, specified in subsection (a) ofthis Section, to have a CAAPP permit, to the extentprovided 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 permithas 3 ormore years remaining on the permitterm, the owner or operatorofan HMIWI shall apply for revisionto the CAAPP permitto incorporate the applicable requirements ofthis Part, as follows: on or BeforeNovemBer 15, 1999; or34 

### Al On orbeforeNovember 15, 1999, for an HMIWI as defined in Section 229.1 10 (a)(1) ofthis 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 SubpartF ofthis Part. 

## !D Before January 1, 2014, each owner or operator ofa 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 perdry standard 115 69 34 matter cubic meterL,ngldscm) (grains (0.05) (0.03) (0.015) per dry standard cubic foot

, (gr1el

### s.cD2

Carbon Parts per million bv volume 40 40 40 monoxide {Domv) Dioxins/furans Nanograms perdry standard 125 (55) 125J222 125 (55) cubic metertotal dioxins/furans or or or (ngids

## c lJ1J (grains perbillion.cirv. 2.3 (1.0) 2.3 0.0) 2.3 (1.0) standard cubic feet (gr/l09dscf)) or Dgldsc!]1 TJ:;l2.{gJ/l09 dscD Hydrogen (PPJ.lLY) orpercentreduction 100 or 100 or 100 or chloride 93% 93% 93%**S.~lfur** dioxide !JJm]1Y) 55 55 55**Nitro~** illmnvJ 250 250 25035

-**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)t** or**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 perbillion dsof), or nanograms per dsom TEQ (grains perbillion 

### dsef) 

### gg ppm\' orpereent 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 or70% or70% or70% 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 owneror operator ofa small. medium, or large HMIWr subject to emission 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 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 ofa small. medium, or large HMIWI. as defined in Sections 229.1 1O(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 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) ofthis Part, from an)' stael, used by an HMIWI.

HMIWI Emissions Limits
Pollutant Units Small Medium Large (7% oxygen dry basis) Particulate Milligrams perdry standard 66 46 25 matter cubic meter (l1lgidscl1l) (grains (0.029) (0.020)' (0.01 I) perdrY 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 perdry standard 16 (7.0) 0.85 9.3 (4.1) cubic metertotal dioxinslfurans or (0.37) or or 0.054 u1&'.dscml (grains perbillion dry 0.013 0.020 (0.024) standard cubic feet

### WE)" dsc!)) (0.0057) (0.0087) or nQ/dscl1l TE.Q..!prllO')ds.ci) Hydrogen (ppmv) 

## I 44' 7.7 6.6 chloride 

## ]'5"b Sulfurdioxide (PPJllYl 4.2 4.2 9.0 Nitrogen oxides (pmlli::l 

## I 190 190 140 ! Lead !!.1g{i!,:i£,!:n (grains 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

-- 

# l

Mercury mddsc:migrll(). dscf} 

## I 0.014 0.025 0.018 (0.011 ) (0.0079)

- 1(0.006])

aEmissions limits for HMIWIs as defined in Section 229.1 10(a)(1) oftills Part. b Emissions limits for HMIWIs as defined in Section 2/9.110(<1)(2) ofthis Part.


## ill No owner oroperator ofa small. medium. orlarge HMIWI subject to emission limits listed under subsection (c) ofthis Seetion shall cause or allow any emissions that cause greaterthan 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 afterthe 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 ofan HMIWI. as defined in Section 229.1 10 (a)(l) or (a)(2) ofthis Part and subject to the emissions limits under subsection (c) ofthis Section. shall cause to be discharged into the atmosphere visible emissions ofcombustion ash from an ash conveying system (includingconveyortransfer points). enclosures ofash conveying systems, buildings, orother sources in excess of5 percent ofthe observation period of9 minutes per 3-hourperiod. 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 orenclosures ofash conveying systems: or 

### Il During maintenance and repairofash conveying systems. Maintenance and/or repair shall not exceed 10 operating days per

calendarquarter unless the owner or operator ofan HMlWl makes arequestto the Agency in writing for a longerperiod oftime to complete maintenance and/orrepair. 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 ForRural HMIWIs Jl1Notwithstandingthe**emission~** limits set out in Section 229.125 ofthis Part, any rural HMlWl shall comply withthe**emission~** limits set outin subsection (a) or (c) 

### (b) ofthis Section. The**emission~** limits underthis Section shall apply at all times, exceptas provided for in Section 229.1 IO(b) and SubpartF ofthis Part.38


### ill Before Januarv 1. 2014, 3 rural HMIW1as 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/l03 dscD 

### U1l Mercury mgjdscm 7,5 (gr/l0' dscD 

## l112

Pollutant YnHs 

### EMISSIONLIMITS**,~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 sillion dscf), or nanograms per dscm TEQ (grains persillion 

## 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 ofa 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) ofthis Pari. from any stack used by an HMIWI.
No 0\\ner or operator ofa rural HMIWI shall cause or allow any emissions that came greaterthan 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 "'sedby 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) ofthis 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 dscnornWdscm TEQ 5.I (2.2) {grll0" dscO Hydrogen ppmv 810 chloride Sulfur dioxide ppmv 55 Njtrogen oxides ppmv 130 Lead mg/dscm 0.50 Igrll03 dscO (0.22) Cadmium mg/dscm O.II IgrllO' dscD (0.048) Mercury mg/dscm 0.005 ] Igrll03 dscD (0.0022) 

### Ql No owner oroperator ofarural HMIWI subjectto emissions limits listed under subsection (c) ofthis Section shall cause or al10w any emissions that cause greater40
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 afterthe date on which the initial performance test is completed or required to be completed under Section 229,142 ofthis Part. whichever date comes first. no owner or operator ofa rural HMIWl. as defined in Section 229.110 (a)(1) or (a)(2) ofthis Part. subjectto the emissions limits under subsection (c) ofthis Section. shall cause to be discharged into the atmosphere visible emissions ofcombustion ash from ash conveving system (including conveyortransfer points). enclosures ofash conveying systems, buildings. or other sources in excess of5 percent ofthe observation period of9 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 orenclosures ofash conveying systems; or 

## .£l During maintenance and repairofash conveying systems. Maintenance and/orrepair shall not exceed 10 operating days per calendarquarter, unless the owner or operatorofan HMIWI makes arequest to the Agency in writing for a longerperiod oftime to complete maintenance and/orrepair. and the Agency approves the owneror 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 ofStartup, Shutdown, orMalfunction (Repealed) 

### a1 The emission limits speeified in Subpart E ofthis Part do not applyto an HMIWI during periods ofstartup, shutdown ormalfunetion, ifthe requirements provided in subseetions (b), (e) and (d) ofthis Seetion are met.
No waste shall be eharged to an HMIWI during periods ofstartup, shutdown or malfunetion.
The shutdown ofany HMIWI shall proeeed aeeording to the following requirements: 

## B Foreontinuous HMIWls, slmtdowfl may eommenee no less thafl 2 hours afterthe last eharge to afl HMI\VI;41

ror intermittent HMIWls, dllltdown may commence no less than 

### 4h&\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 ofcombustion has been completed. During periods ofmalfunction, the owner or operator ofan HMIWI shall do all of the folloviing; 

### B Take all reasonable steps to ensure that an HMIWI operates within the parameters established for that HMIWIand to minimize excess emissions;
Continue monitoring all applicable parameters; and 

## 'B Take appropriate corrective actions priorto resuming the charging ofany waste to an HMIWI. (Source; Repealed at 35 Ill. Reg. ., effective )

SUBPARTH; COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and EstablishmentofOperating Parameters for All HMIWIs 

## !!l Beforc Januarv 1. 2014, each owner or operator ofan HMIWl, as defined in Section 229.110 (a)(I) ofthis Part, subjectto the emissions limits under Section 229.125(a) or Section 229.I26(a) ofthis Part, shall comply withthe following requirements;
The owner or operator ofan HMI'NI subjectto the emissions lit"its underthis 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 limitedpursuantto SubpartE of this Part,. 2&) Duringthe initial performance test, rural HMIWIs are notrequired to test for HCI, Pb or Cd,.42
,!a) [fan HM[W[ is equipped with a dry scrubber followed by a fabric filter, a wet scrubber,

# '* adry scrubber followed by a fabric tilter and wet scrubber, or selective noncatalvtic reduction system, establish the appropriate maximum and minimum operating parametervalues indicated in Appendix B ofthis 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.,,) Ifairpollution control equipment otherthan a dry scrubber followed by a fabric filter, awet scrubber,

# '* dry scrubberfollowed 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 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. fif} For rural HMIW[, establish the maximum charge rate and minimum secondary chambertemperature as site-specific parameters during the initial performance test, provided that the performancetest demonstrates that the HMIW[ is in compliance with the emission limits specified in Section 229.[26 ofthis Part.


### Ql On and afterJanuary I, 2014, each owner or operator ofan HMIWr, as defined in Section 229. I10 (a)(I) or (a)(2) ofthis Part, and subjectto 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) ofthis 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, pursuantto Subpart Eofthis Part. 

## Il Ifan HMIWI is equipped with a dry scrubberfollowed by a fabric filter. a wet scrubber, a dry .scrubberfollowed by a fabric filter and wet scrubber, or selective noncatalytic reduction system establish the appropriate maximum and minimum operating parametervalues indicated in Appendix B ofthis Part for the relevant control system during the initial performance test, provided that the performance test demonstrates43 compliance with the emission limits specified in Section 229.125 or 2;9.126 ofthis Part. 

### il Ifan air pollution control device otherthan 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 chambertemperature 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 owneror operator ofan HMIWI may use results ofprevious 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 ofcurrent operations; and 

### g The previous emissions testis) was conducted no earlierthan 1996. 

## 1.1 The owner or operatorofan HMIWIthatcannot 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 ofan HMIWI as defined in Section 229.1 lO(a)(1) or (a)(2) ofthis Part, and subjectto the emissions limits under Section 229.125(c). as applicable, or Section 229.1 26(c) ofthis 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) by44 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
Followingthe date on which the initial performance test is completed, as required by Section 229.142 ofthis Section, the owners or operators ofall HMIWl!1 shall conduct an annual opacity test, in accordance with Section 229.140 ofthis Part. The opacitytest schedules are as follows: , by September 15 ofeach year.


### ;U By September 15 ofeach year, for an HMIWl, as defined in Section 229.110 (a)(l) of this Part, and subjectto the emissions limits under subsection 229.125(a) or subsection 229.I26(a) ofthis Part; and 

### Ql By January I ofeach year, for an HMIWl, as defined in Section 229.110 (a)(l) or (a)(2) ofthis Part, and subjectto 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 PerformanceTestiug for All Small, Medium aud Large HMIWls Followingthe date on which the initial performance test is completed, as required by Section 229.142 ofthis Part, all owners or operators ofsmall, medium, orlarge HMIWls each owner or operator ofan HMIWI, as applicable, shall conduct an annual performance test, by September 15 ofeach yearto determine compliance with the applicable PM, CO and HCI emission limits specified in Section 229.125fbj or 229.126 ofthis Part, using the applicable testprocedures 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 ofasmall. medium, or large HMIWI as defined in Section 229.11O(a)(I), subjectto the emissions limits under Section 2?9.125(a) ofthis Part shall complete an annual performance testby September 15 ofeach year; and 

## £1 On and afterJanuary 1, 2014. an owneror operator ofa small, rural, medium. or large HMIWI, as defined in Section 229.110(a)(]) or (a)(2), subjectto the emissions limits under Section 229.125(c), as applicable, or45
in Section 229.126(c) ofthis Part. shall complete an annual performance test bv January I ofeach year. !?a) Ifall 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 ofan HMIWI may forego aperformance test for that pollutant during the next 2years. Ifthe next performance test conducted every third year indicates compliance with the emission limits for PM, CO, or HCI specified in Section 229.125f&j ofthis Part, the owner or operator ofan HMIWI may forego a performance test for that pollutant for an additional 2 years from the date ofthe previous performance test. fa) Ifany performance test indicates noncompliance with the respective emission limit, the owner oroperatorofan HMIWI shall conduct aperformance test for that pollutant annually until all annual performance tests over a 3-yearperiod indicate compliance with the respective emission limits. 

### Ql The owner or operator ofan 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 monitoringto demonstrate compliance with applicable emission limits: 

## D PM CEMS: replace annual PM testing and opacity testing and monitoring ofpressure drop across the wet scrubber. ifapplicable; 

## 2.2 CO CEMS: replace annual CO testing and monitoring ofminimum secondary chambertemperature; 

### 11 HCI CEMS: replace annual HCI testing and monitoring ofminimum HCI sorbent flow rate, and minimum scrubber liquorpH. (Source: Amended at 35 Ill. Reg. , effective )
Section 229,150 Compliancewith 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 scrubberfollowed by a fabric filter, a wet scrubber, or dry scrubberfollowed by afabric filter and awet scrubberto comply with the emission limits ofthis 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-hourrolling average (calculated each hour as a 3-hourrolling average ofthe previous 3 operating hours) at all times, sl,eepl46 during periods ofstaliup, shutdown, and malfunction (calculated each hour as a 3 hour rolling average ofthe 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 HMIWIabove the maximum charge rate, below the minimum secondary chambertemperature, and below the minimum reagent flow rate simultaneously shall constitute aviolation ofthe NOx emissions limit. ,,9) For HMIWls using airpollution control equipment otherthan a dry scrubber followed by afabric filter, awet 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 orbelow any applicable minimum operating parametervalues 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 ofan HMIWI may use a CEMS to demonstrate compliance with any of the emission limits under Section 229.125Eb:) or Section 229.126 ofthis Part, ifprovided 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 ofthe previous 12 operating hours, not including startllp, shutdown, or malfunction; and 

### 217) Operate all CEMS in accordance with the applicable procedures under Appendices Band Fof40 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 ofpublication 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 

### ScrubberFollowed 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 ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) shall be a violation ofthe CO emission limit; b) Simultaneous operation ofan 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-hourrolling average) shall bc a violation ofthe dioxin/furan emission limit; c) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum HCI sorbentflow rate (each measured on a 3-hourrolling average) shall be a violation ofthe HCI emission limit; d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hourrolling 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 ofan HMIWI is a violation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emission limits;, 

## D. Ifa CO CEMS is used to determine compliance with a CO emissions limit, operation ofthe HMIWI above the CO emissions

..limit as measured bythe CO CEMS shall be a violation ofthe emissions limit;
Ifa bag leak detection system is used. failure to initiate con'ective action within one hourofthe 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

### 48 

## h2 Ifabag leak detection svstem is used to demonstrate compliance with the opacity limit, failure to initiate corrective action within one hour ofthe bag leak detection system alarm shall be a violation ofthe opacity emissions limit: j} Ifa 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 ofthe emissions limit: 

## i.l Ifa 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 ofthe dioxin/furan emissions limit: or 

## k2 Ifa 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 

### III. Reg._

... ___, effective**~)** 

### Section 229.156 Violations by 

### HMIWls Equipped with a Wet Scrubber Exceptas provided in Section 229.I64 ofthis Subpart, for an HMIWI equipped with awet scrubber: a) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum pressure drop across the wet scrubberorbelow the minimum horsepower oramperage to the system (each measured on a 3-hourrolling average) is aviolation ofthe PM emission limit; b) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourroIling average) is a violation ofthe CO emission limit; c) Simultaneous operation ofan HMIWI abovethe maximum charge rate, below the minimum secondary chambertemperature and below the minimum scrubber liquorflow rate (each measured on a 3-hourrolling average) is aviolation ofthe dioxin/furan emission limit; d) Simultaneous operation ofanHMIWI above the maximum charge rate and below the minimum scrubber liquorpH (each measured on a 3-hourrolling average) is a violation ofthe HCl emission limit; e) Simultaneous operation ofan 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 stackfe*<;ept during startup, shutdoWH, Ofmalfunction) at any time during operation ofan HMIWI is a violation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emission**limits~,** g} Ifa 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: 

## h.l Ifa 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; 

### D. Ifa 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 ofthe dioxin/furan emissions limit; or 

### j} Ifa continuous automated sampling system is used, operation ofthe HMIWI above the Hg emissions limit as measured bythe 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 ScrubberFollowed 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 ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) is a violation ofthe CO emission limit; b) Simultaneous operation ofan 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-hourrolling average) is a violation ofthe dioxinlfuran emission limit; c) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hourrolling average) is a violation ofthe HCI emission limit;50 d) Simultaneous operation ofan 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 emission limit; 6f e) Use ofthe bypass stack (s)[cept during startup, shutdo'nn, or malfunction) at any time during operation ofan 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 ofthe HMIWI above the

# ca emissions limit as measured by the

# ca CEMS shall be a violation ofthe emissions limit;
Ifa bag leak detection system is used, failure to initiate corrective action within one hour ofthe bag leak detection system alarm, orfailure 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 blockreporting period shall be a violation ofthe 

### PM emissions limit: 

### hl Ifa bag leak detection system is used to demonstrate compliance with the opacity limit, failure to initiate corrective action within one hour ofthe bag leak detection system alarm shall be a violation ofthe opacity emissions limit; 

## il IfCEMS is used to determine compliance with a PM, HCI, Pb, Cd, and/orHg emissions limit operation ofthe HMIWI above the applicable emissions limitas measured by the CEMS shall be a violation ofthe emissions limit; 

## il Ifa 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 ofthe dioxin/furan emissions limit; or 

## kl Ifa 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 at35 Ill. Reg. , effective -') 

### Section 229.160 Compliance Requirements for Rural HMIWls 

### !D. Priorto January 1. 2014, the requirements setforth in subsections (c) through (e) ofthis section shall apply to all rural HMIWIs subjectto the emissions limits under Section 229.126 ofthis Part. QJ an and afterJanuary 1. 2014. the requirements set forth in subsections (c) through (e) ofthis section shall apply to all rural HMIWIs that are not equipped with an51
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 ofthis Subpart, whichever date comes first, the owners oroperators ofa rural HMIWI shall not operate their HMIWI either above the maximum charge rate or below the minimum secondary chambertemperature measured as 3-hour rolling averages at all times, e*€ej3t during periods ofstartup or shutdown (calculated each hour as the average ofthe previous a 3 hour rolling average ofthe 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 ofa rural HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (calculated as a 3-hour rolling average) shall constitute a violation ofthe 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 ofarural HMIWI subjectto the emission limits under Section 229.126 ofthis Part shall inspectthe HMIWI according to the following schedule: Eaeh OVil'leror operator ofarural HMIWI shall inspeetthe 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 ofeach year thereafter. b) Each equipmentinspection shall be conducted to ensure the proper operation of the-ruml HMIWI and, at a minimum, shall consist ofthe following steps: I) An inspection ofall burners, pilot assemblies, and pilot sensing devices, cleaning thepilot flame sensor, as necessary; 2) An inspection ofthe primary and secondary chambercombustion air flow, adjusting, as necessary; 3) An inspection ofthe hinges and door latches, lubricating, as necessary;52 

### 4) An inspection ofdampers, fans, and blowers; 5) An inspection ofthe HMIWI door and door gaskets; 6) An inspection ofall HMIWI 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 orhot spots; 9) An inspection ofthe 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 ofairpollution control devices to ensure theirproper operation; 13) Where applicable, an inspection ofthe waste heat boiler systems; 14) An inspection ofall bypass stackcomponents; 15) Calibration ofthermocouples, sorbent feed systems and monitoring equipment; and 16) A general inspection ofall equipmentto ensure that itis maintained in good operating condition. c) The owner or operator ofan 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, orrepairs identified during the equipment inspection required underthis Section shall be completed within 10 days afterthe inspection. The owner or operatorofan HMIWI may have a longerperiod oftime in which to complete any repairs identified as a result ofthe inspection required by this Section, provided that itmakes this request to the Agency in writing, and the Agency approves the owneror operator ofan HMIWI's request in writing.53
On and afterJanuary L 2014. the owner or operator ofa smaiL 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 thc HMIWI as outlined in subsection ib) ofthis 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 ofeach yearthereafter.
On and afterJanuary I, 2014. the owner or operator ofan HMIWI subjectto the emission limits under Section 229. I25Cc), as applicable, or Section 229. I26(c) of this Part, shall inspectthe air pollution control deviceCs). according to the following schedule: 

## D An initial air pollution control device inspection shall be conducted by January], 20I4; and 

### 61 An annual air pollution control device inspection shall be conducted by January I ofeach 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 othermonitoring equipment, adjusting applicable calibrationCs). as necessary; and 

### 61 A general inspection ofthe equipmentto ensure that it is maintained in good operating condition. 

## ill All maintenance. adjustments, orrepairs identified during an air pollution control device inspection required underthis Section shall be completed within 10 days after the inspection. The owner or operatorofan 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 requestto the Agency in writing, and the Agency approves the request in writing. (Source: Amended at 35 IlL Reg.

_ , effective -.I SUBPART I: MONITORING REQUIREMENTS54



### Section 229.166 Monitoring Requirements for All 

### Small, Metlium, aRti Large HMIWls 

## !D. Each owner or operator ofan HMIWI subject to the emission limits under Section 229. P5(c). as applicable. or Section 229.126(c) ofthis Part. shall comply with requirements ofthis 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 ofthis Parthas been performed, and the site-specific minimum and maximum operating parameter values have been established, the owner or operator ofan a small, mesil1m or large HMIWI, as applicable, shall continuously monitorthose parameters. £b) The owner or operator ofan 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 thatthese devices ormethods measure and record values for these operatingparameters atthe 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 orestablish amethod for identifying the use ofthe bypass stack, including date, time, and duration ofuse; 3) Ifcontrol equipment otherthan a dry scrubberfollowed by a fabric filter, a wet scrubber, or adry scrubberfollowed 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 monitorthe site-specific operatingparameters developed and approved pursuantto Section 229. 142(a)(5) or (b)(5) Section 229.142 (e) ofthis Part; and55 4) Record monitoring data at all times during HMIWI operation, except during the periods ofmonitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be recorded for 75 percentofthe 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 Ifan 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 systemto 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 ofdetecting PM emissions at concentrations of 10 milligrams peractual 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 apreset level is detected. The alarm shall be located where itis 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 ofthe device and establishing the alarm set points and the alarm delav time according to section 5.0 ofthe "Fabric Filter Bag Leak Detection Guidance." as incorporated bv reference in Section 229.104: lQ} Following initial adjustment ofthe system. the sensitivity or range. averaging period. alarm set points. or alarm delay time may not be adjusted. Increasingthe 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 ofeach 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 mustbe initiated within I hour ofthe alarm. (Source: Amended at 35 HI. Reg., , effective J 

### Section 229.168 Monitoring Requirements for Rural 

### HM1Wls 

## !!.l Each owner or operator ofarural 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 arural HMIWI: and 

## II On and after January 1, 2014. except as provided for in Section229.115(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 ofeach rural HMIWI shall complywith the following monitoring requirements: 

### la) Install, calibrate according to manufacturer's specifications, maintain, and operate a device measuring and recording the temperature ofthe secondary chamberon a continuous basis, the output ofwhich shall be recorded, at a minimum, once every minute ofoperation;57 

### .:?e) Install, calibrate according to manufacturer's specifications, maintain, and operate a device that automatically measures and records the date, time, and weight ofeach charge fed into an HMIWI; and ole) Record monitoring data at all times during HMIWI operation, except during periods ofmonitoring 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 ofthe operating hours percalendarquarter 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 ManagementRequirements for Commercial HMIWIs Aeeepting Waste Cenemted 

## orr Site a) The owner or operator ofany 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 ofwaste management practices for reducing the volume and toxieity ofwaste to be incinerated; frR<I 

### Il Conducttraining and education programs in waste segregation for each of the company's waste generatorcustomers; 

## li Ensure that each waste generator customerprepares its own waste managementplan that includes. at a minimum. the following elements: 

## Al Segregation ofrecyclable wastes such as paperproducts, glass, batteries and metals; 

## ill Segregation ofnon-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) ofthis Part, that outlines the efforts that will be undertaken to implementthe requirements distribute information as58 specified in subsection!; (a)(I) through (a)(3) ofthis Section. and identifies the information that 'nill be distributed. b) Paper or electronic copies ofthe materials disseminated underthis 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 ofan HMIWI subject to the emission limits under Subpart E ofthis Part shall maintain records ofthe following information: I) The calendar date ofeach record; 2) The following data, where applicable: A) Concentrations ofall applicable pollutants listed in Section 229.125 (a), (c), orin Section 229.126 (a) or (c) ofthis Part (as determined by the CEMS, ifapplicable), and any measurements of opacity as required under Section 229. 125(b), (d). or 

### <D or Section 229. 126(b) or (d);
Concentrations ofall applicable pollutants listed in Section 229.125(b) or229.126(b) ofthis Part (as deterffiined by the CEMS, ifapplicable) and any ffieasurements ofopacity as required under Section 229.125(c) or 229.126(c); B) HMIWI charge dates, times and weights, and hourly charge rates; C) Ifa fabric filter is used, the fabric filter inlet temperatures during each minute ofoperation; D) The amount and type ofdioxin/furan sorbentused during each hour ofoperation; E) The amount and type ofHg sorbentused during each hour of operation; F) The amount and type ofHCI sorbentused during each hour of operation;59 

### ill Ifa selective noncatalytic reduction system is used to comply, the amount and type ofNOx reagent used during each hour of operation: 

### ill Ifa selective noncatalytic reduction system is used to comply, the minimum secondary chambertemperature recorded during each minute ofoperation: 1G) The secondary chambertemperatures recorded during each minute ofoperation; 1M) The liquorflow rate to the wet scrubber inlet during eachminute of operation; KI) The horsepoweror amperage to the wet scrubber during each minute ofoperation; 1J) Any pressure drop across the wet scrubber system during each minute ofoperation; MKc) Thetemperature atthe outletfrom the wet scrubberduring each minute ofoperation; Nb) The pH at the inletto the wet scrubber during each minute of operation; OM) Identification ofany use ofthe bypass stack, including dates, times, and the duration ofsueh use; llfld .EN) For sources complying with Section 229.l66l.£lfb1(3) ofthis Part, all operating parameterdata collected monitored; and 

### ill Ifa bag leak detection system is used, maintain records ofthe system alann, the time ofthe alarm, the time corrective action was initiated and completed, and abriefdescription ofthe cause ofthe alarm and the corrective action taken, as applicahlc. 3) Identification ofany calendardays 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 adescription ofthe corrective actions taken;

### 60 4) Identification ofany malfunctions, including the calendardate, the time and duration, and adescription ofthe malfunction and ofthe corrective action taken to remedy it; 5) Identification ofcalendardays for which data on emission rates or operating parameters specified under subsection (a)(2) ofthis Section exceeded the applicable limits, with adescription ofthe exceedences, reasons for such exceedences, and adescription 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, ofhow the operating parameters were established or re-established, ifapplicable; 7) Records ofcalibration ofany 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 ofall HMIWI operators who have metthe criteriafor qualification under Section 229.170 ofthis Part, including; A) Doeumentation oftraining and the dates ofthe training; and B) The date ofthe initial review and all subsequent annual reviews of the information specified in Section 229.1 72(a) ofthis Part, as required by Section 229.I72(b) ofthis Part. b) The owner or operator ofan HMIWI claiming an exemption from the emission limits in this Part pursuantto Section 229.11O(b) ofthis Part shall keep contemporaneous records identifying each period oftime when onlypathological waste, low-level radioactive waste, orchemotherapeutic waste is burned, includingthe calendardate and duration ofsuch periods. c) The owner oroperator ofan HMIWI claiming an exemption pursuantto Section 229.IIO(c) ofthis Part shall keep records on a calendarquarterbasis demonstrating that only pathological waste, low-level radioactive waste, or chemotherapeutic waste is burned. d) The owner or operator ofaco-fired combustorclaiming an exemption from the emission limits under Section 229.11 O(d) ofthis Part shall maintain records on a calendarquarterbasis ofthe relative weight ofhospital waste and/or medical/infectious waste, and ofall otherfuels or waste eombusted.61


## £1 The owner or operator ofeach 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 ofeaeh rural HMIWI**sl~all** maintain reeords ofthe annual equiFment inspeetions required under i'leetion 229.162 ofthis Part, any required maintenanee, and any repairs not eompleted '",ithin 10 days after an inspeetion or the time fralne established b) the Ageney.
The owneror operator ofeach HMIWI subjectto the emission limits under Section 229.125(c). or 229. 176(cl ofthis Part, shall maintain records ofthe annual air pollution control device inspection required under Section 279.162 ofthis Part. gl Ifa bag leak detection system is used, the owner or operator shall maintain records ofthe system alarm. the time ofthe alarm, the time corrective action was initiated and completed. a briefdescription ofthe cause ofthe alarm and the corrective actiontaken, as applicable. 

### hl The owner or operator ofeach HMIWI, where applicable. shall maintain records ofany required maintenance, adjustments. orrepairs 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 aperiod of5 years, in eitherpaper copy Or electronic format, unless an alternative fonnat has been approved by the Agency in apermit condition. 

### ig) All records requiredto be maintained pursuant to this Section shall be made availableto 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 underthis Section. b) The owner or operator ofan HMIWI shall submitto the Agency the results ofany performance test conducted on the HMIWI within 60 days after conductingthe performance test. The information submitted with the initial performance test requiredby 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, ofhow 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] pursuafltto either Seetiofl 229,I42(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, ofhow the operating parameters were established during the initial performance test for an HM]W] subjectto the emissions limits under Section 229, 125(c), or Section 229,] 26(c) ofthis Part; 

### Il Ifa 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 managementplan required under SubpartK ofthis Part, 

### £l All owners oroperators ofHM]Wls shall submitthe information specified under this subsection (c) to the Agency, as follows:
All O','iflers or oflerators ofIIM]WIs shall submitthe 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 ofeach year thereafter, for an HM]WI subjectto the emissions limits under Section 229, 125(a) or 229,126(a) ofthis Part; 

## £1 By January 1, 2014, and by January 1 ofeach yearthereafter, 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; and63


### II The annual report required under subsection (c)(l) or (2) ofthis 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 afterJanuary 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 pursuantto 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 calendaryearbeing reported pursuantto 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 parameterrecorded pursuantto 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 orderto provide the Agency with a summary ofthe performance ofthe affected facility over 2-yearperiod; Any information recorded pursuant to Section 229.182(a)(3) through (5) ofthis Subpart for the calendar yearbeing reported and for the calendar yearprecedingthe yearbeing reported;



### Gf€*1) Ifno exceedences ormalfunctions were recorded under Section 229, 182(a)(3)through (a)(5) ofthis Subpartfor the calendaryearbeing reported, a statementthat no exceedences occurred during the repOliing period; and Any use ofthe bypass stack, the duration ofuse, 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 submitthe reports required under subsection (c) ofthis Section semiannually. The semiannual reports must be submitted within 60 days following the64
end ofthe reporting Deriod. The first semiannual reporting period ends on June 30 ofeach year and the second semiannual reporting period ends on December 31 ofeach 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 ofeach year and the second semiannulli reporting period ends on September 15 afeach

e) The owner or operator ofeach 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 laterthan 60 days following the year in which the data was collected. Subsequentreports shall be sentno later than 12 calendar months following the previous report. Once the unit is subject to permitting requirements underthe 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 ofthatparameter is required.**--~--** 

# I MINIMUM FREOUENCY CONTROL SYSTEM 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 

# I Wet 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 

### hourSorbent 

## I Flow Rate Minimum Continuous Once per 

### X 

### K Pressure minute Drop Across the Wet Scrubber or Minimum Horsepow eror 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 tbatmeasuremeAt oftbatparameter is required.

MINIMUM FREQUENt¥- CONTROL SYSTEM Operating Data Meas Data Dry Wcl DrySerubber 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 eMmlimum 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 LiquorFlow 

### -Rate Miuimum CoutimlOU& Onee per 

### Xc X Serubber miuute LiquorpH
IForbatch HMIWls, record the charge perbatch.
(Source: Amended at 35 Ill. Reg. "effective**~)** 

### Section 229.APPENDIX C ReferenceTest

### Methods and 

### Procedures for Performance Tests.

### The following test methods and procedures shall be used as specified in Section 229.I40(e) ofthis Part. when conducting any performance test for the purpose ofdemonstrating complianee with the emission limits established under this Part. a) All performance tests shall consist ofaminimum of3 test runs conducted under representative operating conditions. The minimum sample time ofI hourpertest run shall be used unless otherwise indicated. In orderto demonstrate compliance with the emission limits set forth in Subpart E ofthis Part, the arithmetic average ofall 3 performance test runs shall be used. b) Method 1, at40 CFR 60, incorporated by reference at Section 229.I04(d) ofthis Part, shall be used to select the sampling location and numberoftraverse points. c) Method 2, at40 CFR 60 shall be used to determine average gas density, as well as to measure gas velocity. 

### ill Method 3, 

### 3A, or 3B, at40 CFR 60 shall be used for gas composition analysis, including measurement ofoxygen concentration. Method 3, 3A or 3B, at 40 CFR 60 shall be used simultaneously with each ofthe otherreference methods. As an alternative to Method 3B, ASME PTC-19-10-I98I-Part 10 may be used.
Method 3 or 3A, at 40 

### CPR 60 

### shall be used for gas eomfJosition analysis, ineluding measuren'lent ofOJ,)

### gen eoneentration. Method 3 or 3A, at 

### 40 CFR 

### 60 shall be used simultaneousl) with eaeh referenee method. e) The pollutantconcentrations shall be adjusted to 7percent oxygen using the following equation: Cadj = 

### Cmeas (20.9-7)/(20.9-%02)
Where: Cadj = 

### pollutantconcentration adjusted to 7 percentoxygen; Cmeas 

## = pollutant concentration measured on adry basis (20.9-7) = 

### 20.9 percentoxygen - 7 percentoxygen (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, at40 CFR 60 shall be used to measure PM emissions. As an alternative, aPM CEMS may be used in determining compliance with PMemissions 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 ofa bag leak detection system ora PM CEMS to demonstrate compliance with the PM standards is considered demonstrative ofcompliance with the opacity requirements. 

## in) Method 10 or lOB, at 40 CFR60 shall be usedto 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 CFR60 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 selectedthe 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 ofeach dioxin/furantetra-through-octacongener emitted using Method 23; 2) For each dioxin/furan congener measured in accordance with subsection (i)(1) ofthis Section, multiplythe 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 Sectionto obtainthe total concentration ofdioxin/furans emitted in terms ofTEQ. 

## rm) Method 26 or 26A, at 40 CFR60 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 ofthisPart, whicheveris applicable, the percentage reduction in HCI emissions (%RHCI) is computed using the following formula: (%RHCI)= ((E,-Eo)/E,) x 100
Where:
%RrKI 

## =percentage reduction ofHCI 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; orthe facility may electto 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 or229.126@lfb1 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, orHg) achieved; E; 

## =metal emissions concentration (Pb, Cd, orHg) measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and
Eo = metal emissions concentration (Pb, Cd, orHg) measured atthe control device outlet, corrected to 7percent 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 BoardILLINOIS POLLUTION CONTROL BOARD August 18, 20II

# \~

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 ofproponent'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)underthe Administrative Procedure Act (APA), 5 ILCS 5/100 

### etseq. 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 ofthe Agency's proposal as amended by the Agency in its May 25 and June I3, 20I I 

### errata sheets, and in its August 16, 201 I 

### errata sheet filed along with its closing public comment (PCI). The ruletext also contains some non-substantive changes suggested by JCAR. The only affected source, Stericycle, Inc. in Clinton, DewittCounty, testified at both hearings thatthe compliance dates proposed are acceptabIe.
The Board's June 16,2011 first notice proposal (adopted aftercompletion 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 commentperiod closed on August 16,2011. The onlypublic comment received was filed by the Agency. Adoption ofsecondnotice today will facilitate completion of this rulemaking onproponent's preferred timetable.



### PROCEDURAL HISTORY
On December 23,2010, the Agency filed arulemakingproposal for amendments to the Board's air quality standards rules pursuantto the general rulcmakings provisions ofSection 27 ofthe Illinois Environmental Protection Act (Act), 415 ILCS 5/27 (2010) andthe Boards procedural rules at 35 Ill. Adm. Code 102. The proposal was accompanied by, among other

### things, aTechnical SupportDocument (TSD) I, 

### a motion for waiver ofcopy submission requirements (which is hereby granted), and amotion for expedited review (MER) (granted June 16,2011).
In the Statement ofReasons (SR) accompanying the proposal. the Agency statedthatthis 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 ofan existing startup, shutdown, and malfunctionprovision. 

### 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. SRat 8-9.
In aJanuary 6, 2011 order, the Board accepted the petition forhearing. But, the Board reserved ruling on the pending motions, as participants' time to respond to them had not yet elapsed. Hearings were initially scheduled forMarch and April ofthis year. See 

### hearing officer order (Feb. 1,2011). Accordingly, the Agencyprefiledtestimony 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 Boardrequested thatthe DepartmentofCommerce and Economic Opportunity (DCEO) eonduct an economic impact study forthis rulemaking. On May 23, 20II, the Board received aresponse from DCEO, decliningthe request, and statingthat it was unableto perform an economic impact study.
The first-seheduled set ofhearings did nottake place, as newspaperpublication was not accomplished to allow for the 30-daypre-hearing notice required bythe CAA in all ofthe state's 11 airregions. Hearings were rescheduled for June 8 and28, 2011; to facilitate hearing efficiency, the Agency and Stericycle were directed bythe hearing officerto 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 ofPerformance forNew Stationary Sources and Emissions Guidelines for Existing Sources: HospitallMedicallInfectious Waste Ineinerators" at74 Fed. Reg. 51368 (Oct. 6,2009). States were requiredto have State ImplementationPlans (SIP) revisions with the new incineratorrules filed within ayear ofthe date ofUSEPA promulgation ofthe new rules, i.e. 

### by October 6,2010. Section I29(b)(3) ofthe federal Clean AirAct (CAA), 42 USC7429(c), requires USEPA to develop aFederal Implementation Plan (FIP) within two years offederal rulepromulgation i.e. 

### by October 6,2011.questions concerning the previously-prefiled testimony. See hearing officer order (Apr. 20, 2011)3Stericyle prefiled testimony and answers fix the first hearing on May 23, 20II, 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 oflegislative 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 Exhibit2, an agreed-upon revision ofthe

3 The hearing officer order stated: But, the hearing officernotes thatthe Board could still timely adopt rules onthe schedule preferred bythe Agency ifthe Board adopts afirst notice proposal no laterthanthe Board meeting scheduled for June 16, 2011.
The Board hypotheticallycould adoptthe Agency's proposal as drafted for first notice withoutcommenting onthe merits ofthe proposal in advance ofany hearings, But, given Stericycle'sprefiled testimony concerningthe proposed compliance dates, Board action in advance ofhearing could be misconstrued as prejudgmenton the merits ofthe proposal withoutallowing Stericycle to be heard.
Underthese circumstances, itwould be mosthelpful ifthe June 8 hearing could develop a record for Board deliberation thatmakes clearany agreements or disagreements theAgency and Stericycle have concerningthe other's respective positions on the proposal. So, Board staffhas taken steps to encourage the participants to refine theirthinking concerningtheAgency's proposal and Stericycle's testimony concerningthe proposed compliance dates. Attachedto this orderare questions concerning the previously-filed testimony, which this order requests thattheAgency and Stericyle respond to inwriting in advance ofhearing, on or beforeMay 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, !EPAAir Quality Planning Section, filed 2/18/2011; Exhibit2: 6/8/11 Amendments Agreed to by IEPA & Stericycle to 35 Ill. Adm. Code 229,115 "Compliance Schedules for HMIWIs ThatWillcompliance 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 ofExhibit 2. 6/8/1 I Tr. at 15, Testimony ofIEPA's Dixon Nwaji
The Agency presented the prefiled testimony ofDixonNwaji an Environmental Protection Engineer in the Agency's Air Quality Planning Section. The testimony was entered into the record as ifread 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 I12 ofthe federal CAA, including the national emission standards for hazardous airpollutants (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 orderto protectpublic health and welfare, to promulgate maximum achievable control technology standards (MACT) for the control ofemissions oflisted pollutants from HMIWI. MACT standards are based on the maximum degree ofreduction in emissions oflisted toxic air pollutants already being achieved bythe 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 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 thatreflectthe emissions guidelines underthe 1997 NSPS/EG standards. Exh. I at unnumbered p, 3.

Continue to Operate"; Exhibit 3: IEPA 5/25/1 I Answers and FirstErrata to Questions Regarding Hospital/Medieal/ Infectious Waste Incinerators; Exhibit4: 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 Part229: HMIWI, signed by Selin Hoboy, VP Legislative and Regulatory Affairs); Exhibit 6: 6/23/20II Hearing officerorder in RI 1-24 addressing questions to IEPA and Stericycle re theirrespective filings of5/25/201 I & 5/23/20I

### I.

### On March 2, 1999, the U.S. Court ofAppeals for the DistrictofColumbia Circuit in a case challenging USEPA's methodology in deriving the 1997 MACT standards, remanded the rule for further explanation from USEPA ofits 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 areview ofthe HMIWI MACT standards every five years. Exh. 1 atunnumbered 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 underthe revised emissions guidelines. Exh. 1at 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 airpollutants (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 suspectedto 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 benefitpublic health and the environment. Exh. I at unnumbered p. 3.
Mr. Nwaji explainedthat incineration is among the existing waste treatmenttechnologies used to process medical waste to make it biological1y and chemically safe for disposal in a landfill. The advantages ofincineration include destruction ofpathogens and hazardous organics, reduction in the volume ofmaterial combusted, and energy recovery. In addition, incineration leaves wastes unrecognizable aftertreatment. But, amajor disadvantage of incineration as atreatment method is the public health riskposed by the emissions ofhazardous airpol1utants from the waste incineration process. Otherwaste treatmenttechnologies 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 notpose the level ofpublic health risk that incineration does. Exh. 1at 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 ofenvironmental 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 ifincinerated. Otherenvironmental impacts associated with landfilling ofautoe1aved medical wastes include landfil1 gas emissions, landfill leachate issues, and impacts ofwaste transportationtraffic. Exh. I at unnumbered p. 3.SummalY ofProposed Revisions. Mr. Nwaji stated that emission limits underthe 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 orderto 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 underthe 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 ofSSM 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 ofpercentreduction 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 ofgeneration, purchasing ofrecycled or recyclable products, and good combustion control practices are effective pretreatment strategies for reducing emissions ofcertain 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 ofwaste segregation as a pretreatment strategy, the proposed revisions include a requirementthat 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 stacktesting requirements, and a provision that would allow for the use ofprevious test(s) results for initial compliance demonstration ifcertain criteria are met. Also included is the provision that would allow HMIWI operators to forego required annual test(s) for the subsequent two years ifall three annual tcst(s) over athree-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 ofash handling operations, and annual equipment and air pollution control device(s) inspections. Exh. I at unnumbered p. 4. Finally, the proposed revisions include aprovision for aphased schedule for compliance with the amended emission limits. The phased schedule is provided to enable HMIWIoperators

### that may need to install and/or modify equipment in orderto 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 subjectto 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 amajorprovider ofmedical waste management services. In addition to its use ofincineration to treat medical waste, Stericycle also uses other alternative treatment methods such as its proprietary ElectroThermal Deactivation and autoclavingto process waste at its otherfacilities 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 (forall target pollutants) and subsequent annual tests (for 3 ofthe targetpollutants) are required for compliance demonstration. Based on the results ofpast performance tests, Mr. Nwaji statedthat neither ofthe two known HMIWIunits (as configured) meet all the emission limits for the targetpollutants in the proposed revisions. In otherwords, 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 meetthe proposed standards. Exh, I at unnumbered p. 4.
Mr. Nwaji's analysis ofUSEPA's data developed for the 2009 NSPSIEG standards rulemaking shows an estimated total capital costto Stericycle for compliance with the proposed revisions ofapproximately $2.3 million forthe 2 HMIWI units, He estimatesthat the total annual cost ofcompliance as approximately $700,000. Mr. Nwaji commentedthat 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 2HMIWI units to be atotal capital cost ofapproximately $98I,000, and atotal annual cost of approximately $526,000. Exh, 1 at unnumbered p, 5.
Mr. Nwaji statedthat, based on the analysis ofdata used in developingthe 2009 NSPS/EG standards on which the proposed revisions to Part229 are based, it is not expected that the incremental costs ofcompliance will significantly impactcommercial operators and waste generators, whetherthe costs are absorbed orpassed On to customers. The additional costs, imposed bytheproposedrevisions both to commercial operators and waste generators, will accelerate the trend towards alternative waste treatmentoptions such as autoclaving. Forthe waste generators, the additional costs serve as incentive to implementenhanced waste managementpractices such as waste segregation to reduce cost ofdisposing their waste by minimizingthe amount ofwaste sent offsite for treatment. Forthe commercial operator(such as Stericycle), it is expected thatthis will translate to a decline inthe quantity ofmedical waste received for treatment, as well as declines intreatment costs, incinerationrevenues, and profits. Exh. I atunnumbered p. 5.
Mr. Nwaji concludedthat, in developingthe proposedrevisions to Part 229,IEPA reviewed and relied upon the documents detailing results ofUSEPA's analyses ofdataused 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 aJune 3, 2011 hearing officer order, entered into the record as Exh. 6. Many ofthese questions asked whetherparticulartechnical revisions to rule text (but not compliance dates) would be acceptable to the Agency. Mr. Matoesian stated thatthe IEPA was notpreparedto respond at that time, but that IEPA would attemptto provide written answers on June 13,201 I. 

### 6/8/11 Tr. at 18,23. These answers would then be further addressed atthe second hearing on June 28,2011, ifnecessary. 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) similarto that in the USEPA rules. Testimony ofStericycle's Selin Hoboy
Afterthe Agency's presentation, Stericycle's Selin Hoboy presented a short statement. Ms. Hoboy did not presentthe text ofthe 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 ourprefiled testimony." 6/8/1 I Tr. at 13. These prefiled statements will be summarized below, priorto summary ofthe balance ofMs. 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 apublicly traded company (SRCL) which employs over 5000 people in the United States and over 8000 worldwide. Stericycle is the leading providerofcompliant healthcare waste services to over400,000 customers, including local health departments and public facilities. Within lIlinois, Stericycle employs approximately 600 employees with I treatmentfacility in Clinton, 2 corporate function facilities in the Chicago area, and 2 transportation facilities. Currently Stericycle operates 6 incineration treatment locations operating 8 incineratorunits throughoutthe U.S., includingthe Clinton facility. Ex. 3, p. 1. Stericycle stated that it acknowledges that it is subjectto the Part 229 rules, and thatthe Agency-proposed amendments to the rules are necessary underthe CAA. Stericycle's sole concern was aboutthe compliance schedule as proposed: 

### i.e. January I, 2014 ultimate compliance date and interim dates:
Section 229.115 Compliance Schedules for HMIWIs ThatWill Continue to Operate

### !:U On and afterJanuary 1.2014. each owner or operator ofan HMIWI. as defined in Section 229.110 (a)(I) or (a)(2) ofthis Part. and subjectto the emissions limits under Section 229.125(c) or (e) ofthis 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 anotherdate is specified in the provisions ofthis Part. all owners or operators ofHMIWls shall comply with all ofthe provisions of this Part by January I, ?OI4. 

## 21 Except as provided in paragraph (3) ofthis subsection, the owner or operatorofan HMIWl may have until Oetober 6.2014, to comply with this Part. To avail themselves ofthis extended compliance timeframe. the owner or operator ofan 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) ofthe Act. [415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include documentation supportingthe 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 ofprogress specified in subsection (b)(2)(B) ofthis Section; 

### ill Meetthe following increments ofprogress by the dates indicated: i} Finalize all contracts for the purchase ofeither pollution control equipment, process modification or control systems by July L 201 I; 

## ill Commence the implementation ofeitherthe process modifications or the necessary construction or installation ofair pollution control devices for the HMIWI by April I, 20] 2; 

### iii} Complete eitherthe process modifications orthe installation orconstruction ofthe new air pollution control equipment by January 1,2013; 

## ill 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 davs after initial startup. Exh. 3 at 2-3, citing IEPA 12/23/10 proposal. Stericycle proposed an alternate schedule helow that identifies a final compliance date of August I, 2014 (Exh. 3 at4):

Increments ofprogress Stericvcle Proposed Date i) Finalize all contracts for the purchase ofeither 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 ofairpollution control devices forthe HMIWI iii) Complete either the process modifications or the September 1,2013 installation orconstruction ofthe new airpollution 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 thatthere is not an existing commercial HMIWI in operation anywhere in the U.S. thathas demonstrated the ability to meet all ofthe new emission standards. As such, substantial airpollution control equipmentchanges 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 differentairpollution control (APC) systems that would be employed to meetthe new emission limits. MostHMIWI are currently equipped with some variation ofthese three systems; however, equipmentupgrades, improvements, reconfiguration, etc. will still be required forthese systems to reliably and consistently comply with the new limits. u.s. EPA acknowledges this fact and further encourages States to adoptthe 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 ofapproval ofa State plan or 5 years afterpromulgation ofthe revised standards, whichever is earlier. Consistentwith CAA [Clean AirAct] section 129, EPA expects states to require compliance as expeditiously as practicable. However, because we believe that many HMIWI will find it necessary to retrofitexisting emission control equipment and/orinstall additional emission control equipment in orderto meet the proposed revised limits, EPA anticipates that States may choose to provide the maximum compliance period allowed by CAA section 129(f)(2). (emphasisadded). 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 ofmeeting 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 ofhow quickly the actual work to install the upgrades is accomplished. The January I, 2014 deadline is insufficienttime to allow for these events, and the upgrade work, to occur. 4. The anticipated shortage ofexternal 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 airquality rules (e.g., BoilerMACT/ClSWl) have similarcompliance schedules and will put a significantdemand 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 contractfor 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 impactthe emissions ofone pollutant, may actually have an opposite effect and negatively impactthe emissions of another pollutant. As such, an appropriate implementation schedule is not only necessary to upgrade/install/improve the APC systems as a whole, butto evaluate the performance of these systems and ensure reliable, consistentcompliance with all ofthe 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 atesting company, performing atest, receiving results, and possibly re-evaluating or making minor system adjustments as necessaryto 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 aresult, Stericycle must plan for contingency time to perform the shakedown ofthe new equipment at the Clinton facility in advance ofconducting 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, 20I I hearing officerorder, in aMay 25, 20I I filing (Exh.5), Sterieycle proposed another compliance schedule:

Increments ofprOl!ress Stericvcle Proposed Date Stericycle will submitconstruction pennit application January I, 2012 i) Finalize all contracts for the purchase ofeither 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 ofair pollution control devices for the HMIWI iii) Complete either the process modifications or the September 1,2013 installation or construction ofthe 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 Stericyclehad 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 Exhibit2. 6/8/11 Tr. at 13-16. To allow for an easy comparison, this information has been entered below into atable ofthe sortearlierprepared by Stericycle:

Increments ofprogress Agreed Compliance Date No Later Than 

### i) Finalize all contracts for the purchase ofeitherpollution 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 ofairpollution 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/orcompleting

### retrofit construction as described in the final control plan connecting the air pollution control equipmentor 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) Submitthe results ofthe initial performance test and 60-days following initial revised waste management plans to IEPA performance tests vii) Submitnotification to IEPA within 10 business days Various ofcompleting orfailing to complete i)-v) above
In response to questions by Board staff, Ms. Hoboy agreed that the milestone date ofJanuary 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 powerto 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, grantingthe Agency's motion for expedited deeision. The first notice proposal containedthe text ofthe 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 initiatedthe 45-day publie commentperiod, 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 reagentflow rate" must continue to be underlined. The definition being amended for "minimum secondary chambertemperature" must show only the added words as underlined. (Some confusion may have been introducedby the Agency's original proposal to strike the existing definition in its entirety, and then propose anew definition with minimal additions-the orderbelow 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 bywitness Dixon Nwaji. 6/28/11 Tr. at4. Stericycle was notrepresented by an attorney. Stericyle's spokesman was again Selin Hoboy, its vice-president oflegislative and regulatory affairs. Ms. Hoboy was accompanied by Stericycle's Rick Gabey, Regional Operations Director. ld. 

### No other participants were present atthe 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 16,20II opinion. 6/28/11 Tr. at 6-12. The participants agreed to tile any closing comments no laterthan August 16,2011, to allow for the possibility of Board adoption ofa second notice opinion and order at the Board's August 18, 20I I meeting. No written closing comments were filed by eitherthe Agency or Stericycle.
PUBLIC COMMENT 1 (lEPA)
The Agency tiled closing comments on August 16, 20II, which itcaptioned as its "first notice comments and third errata" and which the Board docketed as PC I. The Agency requested changes in three specific subsections of35 III. Adm. Code Section 229.142 "Initial Performance Testing and Establishment ofOperating Parameters for all HMIWIs":
I. The Agency believes it made atypographical error which is retleeted in the Boards order at Section 229.142(b)(I). In the Board's order ofJune 16,20II, subsection (b)(I) stated "[e]xcept as provided in Section 229.115(a)(2)(B)(v) ofthis 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 ofits June 16, 20II, orderthat "[t]he first notice proposal also retlects editorial changes to the Agency's proposal bythe 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 textbe changed to read as follows: 

### *** 2) On orbefore 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) ofthis Part subjectto 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 thatthe HMIWI has been rendered permanently inoperable by September 15,2000, for an HMIWI as defined in Section 229.110 (a)(1), orby January I, 2014 for an HMIWfas defined in Sections 229.110 (a)m and (a)(2) ofthis Patio PC I at 2.
TheAgency continued to agree with the Board's editorial change to Section 229.11 and requested no change in that subsection. PC 1 at2.
DISCUSSION
The Board granted the motion for expedited review on June 16, 20II, ordering second notice publication ofthe rules. Consistentwith grant ofthe motion, the Board today adopts asecond 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, 20II and June 13,20II errata sheets, and the agreed-upon compliance dates presented at the June 8, 20II 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 ofthis 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 Actthat there is no "adverse economic impact on the People ofthe State of lIlinois"
ORDER
The Board directs the Clerkto submitthe following rules to the Joint Committee on Administrative Rules for second notice review underthe 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 ExemptionsSection 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 ofStartup, Shutdown, orMalfunction (Repealed)
SUBPARTG: 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 ofOperating 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 ScrubberFollowed by a Fabric Filter Violations by HMIWIs Equipped with a Wet Scrubber Violations by HMIWls Equipped with aDry ScrubberFollowedby aFabric Filter and a Wet Scrubber Compliance Requirements for Rural HMIWls Inspection Requirements for All R-Hffit HMIWIs Optional Performance Testing to Address Actual orPotential 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
OperatorTraining and Qualification Requirements Documentation To Be Maintained On-Site for Employees Operating HMIWIs
SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Waste ManagementPlan Requirements for Hospitals Using On-Site Incinerators Waste Management Plan Requirements for Hospitals Transporting Waste Off-Site to an HMIWI Waste ManagementRequirements for Commercial HMIWIs Accepting 'Haste Generated OffSite Waste ManagementPlan Requirements for OtherHMIWIs
SUBPARTL: RECORDKEEPINGAND 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 TestMethods and Procedures for Performance Tests
AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe Environmental Protection Act [415 ILCS 5/10, 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

_

SUBPARTA: 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/l09 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 perthousand 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 permillion 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 ofa 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 ofmonitoring PM loadings in the exhaust ofa 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. orother effects to monitor relative PM loadings,
"Batch HMIWI" means an HMIWI that is designed in such a way thatneither waste charging nor ash removal can occur during combustion,"Biologicals" means preparations made from living organisms and theirproducts, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, ortreating 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 ofplacing waste into an HMlWI for incineration. "Chemotherapeutic waste" means waste material resulting from the production oruse of antineoplastic agents used for the purpose ofstopping orreversing the growth of malignant cells.
"Co-firedcombustor" means a unit combusting hospital waste or medicallinfeetious waste with other fuels or wastes (e.g., coal, municipal solid waste) and subjectto an enforceable requirement limiting the unit to combusting a fuel feed stream, ofwhich 

### JO percent orless ofthe weight is comprised, in aggregate, ofhospital waste and medical/infectious waste as measured on a calendarquarter basis. Forpurposes ofthis definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculatingthe percentage ofhospital 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 amonitoring system for continuously measuring and recording the emissions ofapollutant 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 ofanytetra- 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 airpoJJution control systemthat 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 powdermaterial.
"Fabric filter" means an add-on airpollution control system thatremoves PM and nonvaporous metals emissions bypassing Hue gas through filter bags."Facilities manager" means the individual in charge ofpurchasing, maintaining, and operating an HMIWI, orthe owner's or operator's representative responsible for the management ofan HMIWI. Alternative titles may include director of1,\Cilities or vice president ofsupport services. "High airphase" 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 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 of24 hours per admission, This definition does not include facilities maintained for the sole purpose ofproviding 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 ofhospital waste or medicallinfectious waste. "Hospital waste" means discards generated ata hospital, exceptunused items returned to the manufacturer. The definition ofhospital waste does not include human corpses, remains, or anatomical parts that are intended for interment orcremation,
"HMIWI operator" means any person who operates, controls, or supervises the day-today operation ofan HMIWI.
"Infectious agent" means any organismthat is capable ofbeing communicatedby invasion and multiplication in bodytissues and is also capable ofcausing disease or adverse health impacts in humans,
"IntermittentHMIWI" means an HMIWI that is designedto 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 perhour; or A continuous or intermittentHMIWI whose maximum charge rate is more than 500 lbs perhour; or A batch HMIWI whose maximum charge rate is more than 4,000 Ibs per day.
"Low-level radioactive waste" means waste thatcontains radioactive nuclides emitting primarily beta orgamma radiation, orboth, in concentrations orquantities that exceed applicable Federal or State standards for unrestrictedrelease. Low-level radioactivewaste 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 ofa 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 Eofthis Part,
For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during the mostrecent performance test demonstrating compliance with all applicable emission limits specified in Subpart Eofthis Palt,
"Maximum design waste burning capacity" means:
Forintennittent and continuous HMIWI: C=Pv x 15,000 8,500
Where:

C 

### P

v = 15,000 = 8,500 

## = HMIWI capacity, Ib/hr primary chambervolume, 

### ft3 primary chamberheatrelease rate factor, 

### Btu/ft3/ 

### hr standard waste heating value, Btu/lb;
Forbatch HMIWI:

Where:

C 

### P

v 4,5 8 l-lMIWI capacity, Ib/hr primary chamber volume, ftJ

= waste density factor, Ib/ft3

= typical hours ofoperation ofabatch 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 recentperformance test demonstrating compliance with the applicabledioxin/furan emission limit specified in SubpartE ofthis Part,
"Maximum flue gas temperature" means 110 percent ofthe lowest 3-hour average temperature atthe outletfrom 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 Eofthis Part.
"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beings or animals, in research pertaining thereto, or in the production ortesting ofbiologicals. The definition ofmedical/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). Forthe purposes ofthis Part, medical/infectious waste includes:
Cultures and stocks ofinfectious agents and associated biologicals, including: vaccines and cultures intended for use in diagnosing, immunizing, ortreating humans or animals; cultures from medical and pathological laboratories; cultures and stocks ofinfectious agents from research and industrial laboratories; wastes from the production ofbiologicals; and discarded live and attenuated vaccines;
Human pathological waste, includingtissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or othermedical procedures, and specimens ofbody fluids and theircontainers;
Human blood, any products derived from human blood, or anything that has been in contactwith human blood in any form;
Intravenous bags and associated tubing; Sharpsthathave been used in animal orhuman patientcare ortreatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with orwithoutthe attached needle), pasteurpipettes, 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; Anytype ofbroken orunbroken glassware that has been in contactwith 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 ofbiologicals or testing ofpharmaceuticals;
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, orisolated animals known to be infected with highly communicable diseases; andUnused 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 perhour 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 perhour; or
A batch HMIWI whose maximum charge rate, as setby permit, is more than 1,600 Ibs perday but less than orequal to 4,000 Ibs perday.
"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 performance test demonstrating compliance with the applicable dioxin/furan emission limit specified in Subpart Eofthis Part.
"Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-houraverage 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 ofthis Part.
"Minimum HCI sorbent flow rate" means 90 percentofthe highest 3-hour average HCI sorbentflow 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 SubpartE ofthis Part.
"Minimum horsepower" or "minimum amperage" means 90 percent ofthe highest 3-hour average horsepower oramperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance testdemonstrating 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 scrubberPM 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 ofthe highest 3-houraverage 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 withthe applicable NOx emissions limit specified in Subpart E ofthis Pa11.
"Minimum scrubberliquor 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 Eofthis Part.
"Minimum scrubber liquor pH" means 90 percent ofthe highest 3-houraverage liquor pH atthe inletto 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 Eofthis Part.
"Minimum secondary chambertemperature" means 90 percent ofthe highest 3-hour average secondary chambertemperature (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 Eof this Part. "Operating day" means a 24-hourperiod between 12:00 midnight and the following midnight during which any amount ofhospital waste ormedical/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 ofonly human or animal remains, anatomical parts, tissue, andthe bags orcontainers used to collect and transportthe waste material and associated animal bedding, ifapplicable. "Primary chamber" means the chamber in an HMIWI thatreceives 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) ofthis Part, meets the criteria specified in the definition of"small HMIWI" and burns less than 2,000 Ibs per week ofhospital waste and medical/infectious waste (exceptthe 2,000 Ibs perweek limitation does not apply during performance tcsting). "Secondary chamber" means that component ofan 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 orequal to 200 Ibs perhour; or A continuous orintermittentHMIWI whose maximum charge rate, as setby permit, is less than orequal to 200 Ibs perhour; orA 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 ofan HMIWI and the first charge ofwaste to the unit. For batch HMIWI, startup means the period oftime between activation ofan HMIWI and ignition ofthe 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 ofPrevention: Waste Reduction Strategies for Health Care Facilities," American Society for Healthcare Environmental Services, 840North Lake Shore Drive, Chicago, Illinois 60611 (1993). I) b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No. 93-17, OtTtce ofManagement and Budget, Washington, D.C. (June 30, 1993). OtTtce ofManagement 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 (20I0). 

## 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-98-0IS. September 1997). Superintendent ofDocuments. 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) ofthis Section and Section 229,112 ofthis 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 orbefore March 16. 1998: or 

## ;u Construction commenced either afterJune 20. 1996 but no laterthan December 1,2008, orfor which modification is commenced after March 16, 1998 but no laterthan 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) ofthis Seetioll alld Seetion 229.1 12 ofthis Su13part. b) An HMIWI otherwise subjectto the emission limits in this Part is only subjectto 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, orchemotherapeutic waste, provided the owner or operator of the HMIWI notifies the Agency ofits intention to operate pursuantto 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, orchemotherapeutic waste is subjectto only the recordkeeping requirements set forth in SectionSeetions 229, 182(c), (f) and (g) ofthis Part, provided that the owncr or operator ofan HMIWI provides, by December IS, 1999, both the Agency and the USEPA with a written certification ofits status as an HMIWI burning onlythe 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 thatthe owner or operator ofthe combustor is subjectto apermitcondition limiting its fuel feed streamto co-fired combustor status, provides, by December 15, 1999, both the Agency and USEPA with awritten certification ofits status as a co-fired combustor, including an estimate ofthe relative weight ofhospital waste, medical/infectious waste, and otherfuels and/or waste combusted atthe facility.e) Any hospital that does not operate an HMIWI but that sends any ofits hospital waste or mcdicallinfectious waste to an off-site HMIWI is subject onlyto the waste management plan provisions set forth at Section 229.178 ofthis Part. 

### fl Before Januarv 

### 1. 2014. each owner or operator ofan HMIWl, as defined in subsection (a)(I) ofthis 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 afterJanuary 

### 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) ofthis 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 provisionSJlLthisp,jIt 

## !:!l On and ancrJanuary I. ;014. cach owner and operator ofan HMIWI as defincd in subsection (a)(2) ofthis 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 subjectto 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 otherprovisions ofthis Part, the following emission units are exemptfrom the requirements ofthis Part: a) Any combustorrequired to have apermit under Section 3005 ofthe Solid Waste Disposal Act, 42 USC**~.6925;** b) Any municipal waste combustorthat meets the applicabilityprovisions for municipal waste combustors under Subparts Cb, EaorEb of40 CFR 60; c) Anypyrolysis unit (i.e., a unit that uses endothermic gasification to treathospital wastc ormedical/infectious waste in orderto render such waste harmless); d) Any cementkiln firing hospital waste ormedical/infectious waste; or Any HMIWI thatmeets thc applicability provisions for Standards ofPerformance for Hospital/Medical/Infectious Waste Incinerators under subpart Ec of40 CFR 60.
Af!Y HMIWI subjectto the 

### 8tendards efPei"fernumeeler HespitellMedieabiln/eetiellS Waste !ncineratersfer Which Censtructien 

### is CemmeneedAf'cerJune 2Q, 1996, contaif!ed if! SubpartEe of10 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 ofan 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) ofthis Part. shall comply with all the applicable provisions ofthis Part accordingto the following schedules: 1ft) 

### Except as provided in subsection

### Will \-l'>-) 

### ofthis Section and unless another date is specified in the provisions ofthis Part, all owners or operators ofHMIWls shall be in compliance with all ofthe provisions of this Part by September 15,2000. ;?,e) Except as provided in subsection

### Will ofthis Section, the owner or operatorofan HMIWI may have up to September 15,2002, to come into compliance withthis Part. To avail themselves ofthis extended compliance timeframe, the owner oroperatorofan HMIWI shall: A+) Submit its CAAPP application to the Agency, on or before November 15, 1999, requesting an extended compliance schedule, pursuantto 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, afinal control plan for the HMIWI and incremental steps to be taken toward compliance with this Part that, at a minimum, meetthe increments ofprogress specified in subsection (a)(2)(8) ofthis Section; B.20) Meetthe following increments ofprogress bythe dates indicated: iA) Finalize all contracts for the purchase ofeitherpollution control equipment, process modification orcontrol systems by February 29,2000; 

### liB) Commence the implementation ofeitherthe process modifications orthe necessaryconstruction or installation ofairpollution control devices for the HMIWI by November 30, 2000; iiiG) Complete eitherthe process modifications orthe installation orconstruction ofthe new airpollution control equipment by August 31, 200I; ivG) Perform initial startup ofthe retrofitted HMIWI by January 15,2002; andyE;) Complete the initial performance test in accordance with Section 229.142 ofthis Part within 180 days after initial startup. 

### 1") Any owner or operator ofan HMIWI that fails to demonstrate compliance with this Part by September 15,2002, shall cease operation ofthe HMIWI until compliance with the provisions ofthis Part is achieved. 14) Notwithstanding subsection Uili1} 

## EB1 ofthis Section, all owners or operators ofHMIWls shall be in full compliance with all ofthe HMIWI operatorprovisions ofSubpartJ ofthis Part by September 15,2000. 

### ill. On and afterJanuary l, 2014, each owner or operator ofan HMIW\. as defined in Section 229.1 10 (a)(I) or (a)(2) ofthis Part. and subjectto the emissions limits under Section 229.125(c) ofthis Part as applicable. or Section 229.126(c) ofthis Part. shall comply with the applicable provisions ofthis 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 ofan 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 itselfofthis extended compliance timeframe, the owner or operator ofan HMIWI shall: 

## ill Submit its CAAPP application and construction permitto the Agency, on orbefore January I, 2012, requesting an extended compliance schedule, pursuantto Section 39.5(5)(d) ofthe Act [415 !LCS 5/39.5(5)(d)]. This compliance schedule shall include documentation supporting the need for an extension, afinal control plan for the HMIWI and incremental steps to be taken toward compliance with this Part that, at a minimum. meet the increments ofprogress specified in subsection (b)(2)(B) ofthis Section; 

## ill Meet the following increments ofprogress by the dates indicated: 

## il Finalize all contracts for the purchase ofpollution control equipment, process modification orcontrol systems 

### Qy August I, 2012; 

## ill Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofair pollution control devices for the HMIW! by March I, 2013;jjj} Complete eitherthe process modifications orthe installation orconstruction 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 laterthan June I, 2014: 

### vl Complete the initial performance test in accordance with Section 229.142 ofthis Part no laterthan October 6, 2014: 

## ill Submit the results ofthe initial performance test and revised waste management plan to the Agency no laterthan 60 days following the initial performance test: and vii) Submit notification to the Agency within 10 business days after completing (orfailing to complete bv the applicable date) each ofthe increments ofprogress specified in subsection (b)(2)(8) ofthis Section. The notification must be signed by the owner's oroperator's representative responsible for the management ofthe HMIWI. 

## II Ifa petition for compliance extension is granted, the owneror operator of an HMIWI, as defined in Section 229.110 (a)(l) or(a)(2), must continue to comply with the provisions ofits current CAAPP permit during the interim

. 

# .:u Any owner or operator ofan HMIWI that fails to demonstrate compliance with this Part by October 6, 2014 shall cease operation ofthe 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 ofthe HMIWI operator provisions ofSubpart 

### .I ofthis Part before January I, 2014. (Source: Amended at 35 

### III. Reg., , effective

_ )


### Section 229,116 

### Compliance Schedules for HMIWIs 

### ThatWill 

### ShutDown
All owners oroperators ofHMIWls that intend to permanently shut down theirHMIWI as a means ofcomplying with this Part shall:

### ill. Provide the Agency with written notice oftheir 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) ofthis 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) ofthis 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 owneror 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) ofthe 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 ofwhy 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 Ifan onsite alternative waste treatment technology is needed to be installed before the HMIWI is shut down, an application for complianceextension shall include the following elements ofincrements ofprogress and completion date for each step ofprogress: 

### ill finalize contract with an alternative waste treatmenttechnology vcndor: 

### ill Initiate onsite construction or installation ofalternative waste treatment technology: 

### g Complete onsite construction or installation ofalternative 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 Ifan onsite alternative waste treatmenttechnology 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 Ifa petition for compliance extension is granted, the owneroroperator of an HMIWI, as defined in Section 229.110 (a)(1) or (a)(2) must continue to comply with the provisions ofits current CAAPP permitduring the interim. 

## 21 Any owner oroperator ofan HMIWI that fails to demonstrate compliance with this Part by October 6, 20I4 shall cease operation ofthe HMIWluntil compliance with the provisions ofthis Part is achieved. 

### §2 Notwithstanding subsection (c)(1) ofthis Section, all owners oroperators ofHMIWls shall be in full compliance with all ofthe HMIWI operator provisions ofSubpart

### J ofthis Partby January 1, 2014. (Source: Amended at 35 Ill. Reg. , effective -')
SUBPART D: CAAPP PERMIT REQUIREMENTS
Section 229.120 CAAPP PermitRequirements 

## !!2 All HMIWls subjectto the emissions limits in this Part shall operate pursuantto 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 1,20I4, for an HMIWI as defined in Section 2)9.110 (a)(I) or (a)(2) ofthis Part. 

### Ql For any HMIWI subjectto the emission limits in this Part that is lirst required to obtain a CAAPP permitbecause it is subjectto the emission limits in this Part, the owneror 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) ofthis 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 subjectto the emissions limits in this Part shall operate pursuafltto 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 subjectto the ernission limits ifl this Part, the ovmer or operator shall subffiit a complete applicatiofl for a CAAPI' permitby September 15, 200Q, e)ccept as provided for ifl Sectiofl 229.1 15(b)(I) ofthis Part. c) Upon submittal ofa timely and complete CAAPP application, the owner or operator ofan HMIWr shall not be in violation ofthe requirement, specified in subsection (a) ofthis Section, to have a CAAPP permit, to the extentprovided 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 permithas 3 ormore years remaining on the permitterm, the owner oroperator ofan HMIWI shall apply for revision to the CAAPP permitto incorporate the applicable requirements ofthis Part, as follows: 01'101' before November 15, 1999; or 

## AI On orbefore November 15,1999, for an HMIWI as defined in Section 229.1 10 (a)(I) ofthis Part: and 

### ill On or before January 1, 2013, for an HMIWI as defined in Section 229.110 (a)(I) or(a)(2) ofthis Part: or 2) Ifthe CAAPP permit has less than 3 years remaining on the permitterm, the CAAPP permit shall be revised to incorporate the applicable requirements ofthis Part, upon renewal ofthe 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 ofa small. medium. or large HMIWI as defined in Section 279.110(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 IMilligrams 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 perdry 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 perbillion dry standard cubic feet (gr/109 dsct)) or ng/dscm TEQ (gr/I09 dscfl

· Hydrogen (ppmv) orpercent reduction 100 or 100 or 100 or

chloride 93% 93% 93% Sulfurdioxide (oomv) 55 55 55 Nitrogen (ppmv) 250 250 250

, oxides

Lead mg/dscm (grains per thousand 

### U U U**!i!'Y-§!~DEtard** cubic teet (grll0' (0.52) or (0.52) or (0.52) or dset}) or percent reduction 70% 70% 70o/L Cadmium Img/dscm (grll0' 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 (Qrll0' 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 I13 (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 perbillion dset), or nanograms perdsem TEQ (grains per billion tIsef) HGI ppm\' orpercent 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% or70% 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 owneroroperatorofa small, medium. or large HMIWI subjectto 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 ofa 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 greaterthan 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)9.104Ed) ofthis 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/l09 dscf) Hydrogen (ppmv) 44' 7.7 6.6 chloride 

## W Sulfurdioxide (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/I

### 0' 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 owneror operator ofa 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 ofthis Part, whichever datecomes first, no owner or operator ofan HMIWL as defined in Section 229.110 (a)(I) or ('1)(2) ofthis Part and subject to the emissions limits under subsection (c) ofthis Section. shall cause to be discharged into the atmosphere visible emissions ofcombustion ash from an ash conveying svstem (including conveyortransfer points). enclosures ofash conveying systems. buildings. or other sources in excess of5 percent ofthe observation period of9 minutes per 3-hourperiod. according to Method 22. 40 CrR 60. appendix A. incorporated by reference in Section 229.1 04(d) ofthis Patio except as provided by the following exclusions: 

### 12 Visible emissions discharged inside buildings or enclosures ofash conveying systems; or 

## ;u During maintenance and repair ofash conveying svstems. Maintenance and/orrepair shall not exceed 10 operating davs per calendarquarter unless the owner or operator ofan 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 atNotwithstandingthe 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 oftHis 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,mil£r/dscD 197 matter (0.086) Carbon J)J?lllY 40 monoxide Dioxins/furans ng/dscm total dioxins/furans 800 (350) or (grllO'l dscO or ng/dscm TEQ 15 (6.6) .) (gr/l0 ciscO Hydrogen ppmv 3100 chloride Sulfurdioxide J)J?lllY 55 Nitrogen ppmv 250 oxidesLead 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 owneror operator ofa 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) ofthis Part, from any stack used by an HMIWI.
No owner or operator ofa rural 

### HMIWI shall cause or allow any emissions that cause greaterthan 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) ofthis Part, from any stade HseEi by an IIMIWI. 

### tl On and afterJanuary 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 lElIaIdi**o,~ 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 Sulfurdioxide 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/I03dscD (0.0022) 

## ill No owner oroperator ofarural HMIWI subjectto 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 afterthe date on which tbe initial performance test is completed or required to be completed under Section 229.142 ofthis Part, whichever date comes first, no owneror operator ofa rural HMIWL as defined in Section 229.1 10 (a)(I) or (a)(2) ofthis Part, subjectto the emissions limits under subsection (c) ofthis Section, shall cause to be discharged into the atmosphere visible emissions ofcombustion ash from ash conveying system (including conveyortransferpoints), enclosures ofash conveying systems, buildings, or other sources in excess of5 percent ofthe observation period of9 minutes per 3- hourperiod, 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 orenclosures ofash conveying systems: or 

## 2i During maintenance and repair ofash conveying systems. Maintenance and/orrepair shall not exceed 10 operating days percalendarquarter, unless the owner or operator ofan HMIWI makes arequest to the Agency in writing for a longerperiod 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 ofStartup, 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) ofthis Section are met.
No waste shall ee charged to an I-lMPNI during periods ofstartup. shutdmvn or malfunctiOll,
The shutdm\n ofaRy HMIWI shall proceed accordiRg to the follo'Ning reqHirements: 

## B For cORtiRHOUS HMIWls. shutdown may commeRce no less thaR 2 hOHrs after the I ast charge to an HMIWI;
For intermittent HMI'Nls, shutdovm may com,nence no less thaR 4hours afterthe last charge to an HMIWI; aRd
For eatch HMPNls, shHtdovm may commence no less than 5 hours after the high air phase ofcomeustion has eeen completed, DuriRg periods ofmalftlRction. the owner or operator ofan 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 priorto resuming the charging ofany waste to an HMIWI. (Source: Amended at 33 Ill. Reg, "effective J SUBPART 

### 11': COMPLIANCE REQUIREMENTS



### Section 229.142 Initial Performance Testing and EstablishmentofOperating Parameters for All HMIWls

### !!l Before Januarv 1.2014. each owner or operator ofan 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) ofthis Part shall comply with the following requirements:
THe O'"nerOF 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€jofthis Section, in the initial performance test, test for all pollutants limited pursuantto Subpart E of this Part" 

## 2") During the initial performance test, rural HMIWls are notrequired to test for HCI, Pb or Cd" :1:4) Ifan HMIWI is equipped with a dry scrubberfollowed by afabric filter, a wet scrubber, 

### '*' a dry scrubberfollowed 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 ofthis Part for the relevant control system during the initial performance test, provided thatthe performance test demonstrates compliance with the emission limits specified in Section 229.125 ofthis Part" 2.e) Ifairpollution control equipment otherthan a dry scrubberfollowed by a fabric filter, a wet scmbber, 

### !!'*' dry scrubberfollowed by afabric filter and awet 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 notbe 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) Formral HMIWl, establish the maximum charge rate and minimum secondary chambertemperature as site-specific parameters during the initial performancetest, 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 afterJanuary 1, 2014. each owner or operator ofan HMIWI. as defined in Section 229.110 (a)(1) or (a)(2) ofthis Part. and subjectto the emissions limitsunder 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; )ofthis Part. conduct an initial performance test on its HMIWIby 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 Ifan HMIWI is equipped with a dry scrubberfollowed by afabric filter. a wet scrubber. a dry scrubberfollowed by afabric filter and wet scrubber, or a selective noncatalytic reduction system. establish the appropriate maximum and minimum operating parametervalues indicated in Appendix B ofthis 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 ofthis Part. 

## 12 Ifan air pollution control device otherthan a dry scrubber followed by a fabric filter, a wet scrubber. a dry scrubberfollowed by a fabric filter and a wet scrubber. ora 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 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 airpollution control device, establish the maximum charge rate and minimum secondary chambertemperature as site-specific parameters during the initial performanee test. provided thatthe performanee test demonstrates thatthe HMIWI is in compliance with the emission limits specified in Seetion 229.126(c) ofthis Part. §l The owneror operator ofan HMIWI mav use results ofprevious performance tests for initial compliance demonstrationwith 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. orUSEPAaccepted voluntary consensus standards; 

## ill The testresults are certified as representative ofcurrent operations; and 

### g The previous emissions tests were conducted no earlierthan 1996.

## 7J The owner or operator ofan 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 ofan HMIWI, as defined in Section 229.11 O(a)(I) or (a)(2) ofthis Part, and subjectto 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 ofthis Section, the owners or operators ofall 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 ofeaen year.


### !!l By September 15 ofeach year, for an HMIWI, as defined in Section 229.110 (a)(1) of this Part and subjectto the emissions limits under subsection 229.125(a) or subsection 229. 126(a) ofthis Part; and 

### Ql By January 1 ofeach year, for an HMIWI, as defined in Section 229.110 (a)(1) or (a)(2) ofthis Part, and subjectto the emissions limits under Section 229. 125(c), as applicable, or Section 229.126(c) ofthis 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 ofthis Part, all ovmers or operators sfsB'lall, meE!ium, or large HMIWIs each owner or operator ofan 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 ofthis Part, using the applicable test procedures and methods specified in Section 229.140 ofthis Part. 

### !!l Annual performance test schedules are as follows: 

## 12 Before January I, 2014. each owner oroperatorofa small, medium, or large HMIWI as defined in Section 229.IIO(a)(I), subjectto the emissionslimits under Section 229.125(a) ofthis Part shall complete an annual performance test bv September 15 ofeach war: and 

### Il On and afterJanuarv 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). subjectto 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 ofeach year. !La) Ifall 3 annual performance tests over a 3-yearperiod indicate compliance with the applicable emission limits for PM, CO, or HCI specified in Section 229. I25f13f ofthis Part, the owneror operator ofan 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. I25f13fofthis Part, the owner or operator ofan HMIWI may forego a performance test for that pollutant for an additional 2 years from the date ofthe previous performance test. "B) Ifany performance test indicates noncompliance with the respective emission limit, the owner or operator ofan HMIWI shall conducta performance test for that pollutant annually until all annual performance tests over a 3-yearperiod indicate compliance with thc respective emission limits. 

## ill The owner or operator ofan 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 ofpressure drop across the wet scrubber. ifapplicable; 

### Il CO CEMS: replace annual CO testing and monitoring ofminimum secondary chambertemperature: 

### Il HCI CEMS: replace annual HCI testing and monitoring ofminimum HC] sorbent flow rate and minimum scrubber liquorpH. (Source: Amended at 35 III. Reg. ,effective -----')
Section 229.150 Compliance with Operating Parameter Valnes a) Followingthe date on which the initial performance test is completed, or is required to be completed under as provided in Section 229.] 42 ofthis Subpart, whichever date comes first f!arl, an HMIWI, using a dry scrubberfollowed by a fabric filter, a wet scrubber, or !Ldry scrubberfollowed by a fabric filter and a wet scrubberto comply with the emission limits ofthis Part, shall not operate above any ofthe applicable maximum orbelow any ofthe applicable minimum operating parameters values specified in Appendix B ofthis Part. All operating parameter,:;:shall be measured as a 3-hourrolling average (calculated each hour as a 3-hour rolling average ofthe previous 3 operating hours) at all times, except during period" ofstartup, shutdov, 11, and malfunction (calculated each hour a[1 a 3 hour rolling average ufthe previous 3 operating 11BtlfS}. Forbatch HMIWls, the charge rate shall be measured on a per batch basis. 

## ill Except as provided in Section 229. I64 ofthis Subpart for an HMIWI equiDDed with a selective noncatalytic reduction svstem, operation ofthe HMIWI above the maximum charge rate, below the minimum secondarv chamber temperature, and below the minimum reagent flow rate simultaneously shall constitute a violation ofthe NOx emissions limit. 

# "e) For HM1W1s using airpollution control equipment otherthan a dry scrubber followed by a fabric filter, a wet scrubber, ordry scrubber followed by a fabric filter and a wet scrubberto 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 ofthis Part, an HM1WI shall not operate above any applicable maximum orbelow 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 ofan 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, ifprovided 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 houras 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 of40 CFR 60, incorporated by reference at Section 229.104(e) ofthis Part. 

## ill In the case ofCEMS for which USEPA has not published performance specifications, the option to use the CEMS takes effect on the date ofpublication ofthe 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 ofan 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 emissionsemission limit; b) Simultaneous operation ofan 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 ofan 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 ofan HMIWI above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hourrolling average) shall be a violation ofthe Hg emissionsemissioH n limit; eT e) Use ofthe bypass stack (e)[eept duriHg startup, sflutdovm orrnalfUl'16tioH) at any time during operation ofan HMIWI is a violation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emissionsemissioA limits;, 

## fl Ifa 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;
Ifa bag leakdetection system is used, failure to initiate corrective action within one hourafter the bag leak detection system alarm, orfailure to operate and maintain the fabric filter so that the alarm is not engaged for more than 5 percent ofthe total operatingtime in a 6-month blockreporting period shall be a violation ofthe PM emissions limit: h} Ifa bag leak detection system is used to demonstrate compliance with the opacity limit, failure to initiate corrective action within one hour afterthe bag leak detection system alarm shall be a violation ofthe opacity emissions limit; j} Ifa 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 bythe CEMS shall be aviolation 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 ofthe dioxin/furan emissions limit: or 

## kl lfa continuous automated sampling system is used, operation ofthe HMIWI above the Hgemissions limit as measured by the continuous automated sampling system shall be aviolation ofthe 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 awet scrubber: a) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum pressure drop across the wet scrubber orbelow the minimum horsepower or amperage to the system (each measured on a 3-hourrolling average) is aviolation ofthe PM emissionsemission limit; b) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) is aviolation ofthe CO emissionsemission limit; e) Simultaneous operation ofan HMIWI abovethe maximum charge rate, below the minimum secondary chambertemperature and belowthe minimum scrubber liquorflow rate (each measured on a 3-hourrolling average) 

### is a violation ofthe dioxin/furan emissionsemission limit; d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum scrubber liquorpH (each measured on a 3-hourrolling average) is a violation ofthe HCI emissionsemission limit; e) Simultancous operation ofan HMIWI abovethe maximum flue gas temperature and above the maximum charge rate (each measured on a 3-hourrolling average) 

### is aviolation ofthe Hg emissionsemission limit; Bf f) Use ofthe bypass stack (eJ<eeptdlifiEg starllip, slmtdown, Ofmalf,metion) atany time during operation ofan HMIWI 

### is a violation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emissionsemission**Iimits~,** Ifa 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; 

## hl Ifa CEMS is usedto determine com-pliance 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 aviolation ofthe emissions limit;

### II Ifa continuous automated sampling svstem is used, operation ofthe 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 Ifa continuous automated sampling svstem 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 -.J)
Section 229,158 Violations by HMIWls Equipped with a Dry ScrubberFollowed by a Fabric Filter and a Wet Scrubber Except as provided in Section 229. I64 ofthis Subpart, for an HMIWI equipped with adry scrubber followed by a fabric filter and a wet scrubber: a) Simultaneous operation ofan JIMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hour rolling average) is a violation ofthe CO emissionsemission limit; h) Simultaneous operation ofan 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-hourrolling average) is a violation ofthe dioxin/furan emissionsemission limit; c) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum scrubber liquorpH (each measured on a 3-hourrolling average) is a violation ofthe HCI emissionsemisClion limit; d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hourrolling average) is aviolation ofthe Hg emissionsemission limit; er e) Use ofthe bypass stack (elwept during startup, shutdown, or malfun6tion) at any time during operation ofan HMIWI is a violation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emissionsemission**limits~,** IfCO CEMS is used to determine compliance with a CO emissions limit, operation ofthe HMIWI above the CO emissions limit as measured bythe CO CEMS shall be a violation ofthe emissions limit; 

### g) Ifa bag leak detection system is used, failure to initiate corrective action within one hour afterthe 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 blockreporting period, shall be a violation ofthe PM emissions limit

## ill Ifa bag leak detection system is usedto 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 ofthe opacity emissions limit: 

### il IfCEMS 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: 

## 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 ofthe 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 ofthe Hg emissions limit. (Source: Amended at 35 Ill. Reg. , effective
Section 229.160 Compliance Requirements for Rural HMIWIs )



## ill Priorto January 1. 2014, the requirements set forth in subsections (c) through (e) ofthis Section shall apply to all rural HMIWIs subjectto the emissions limits under Section 229.126 ofthis Part. 

### QJ On and afterJanuary 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 subjectto 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 eitherabove the maximum charge rate or below the minimum secondary chambertemperature measured as 3-hourrolling averages at all times, e*6ej3t duriflg periods ofstartup or slmtdovifl (calculated each hour as the average ofthe previous a 3 nour rolliflg average oftne previous 3 operating hours) at all times. 

## ill Operatingparameter limits do not apply during performance tests.**~13)** Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation ofa rural HMIWr above the maximum charge rate and below the minimum secondary chambertemperature (calculated as a 3-hourrolling 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 HMIWIsa) Before Januarv 1, 2014, each owner or operator ofa rural 11MIWI subjectto the emission limits under Section 229.126 ofthis Part shall inspect the HMIWI according to the following schedule: Each owner or**e~erator** ofa 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 ofeach 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 ofall burners, pilot assemblies, and pilot sensing devices, cleaningthe pilot flame sensor, as necessary; 2) An inspection ofthe primary and secondary chambercombustion air flow, adjusting, as necessary; 3) An inspection ofthe hinges and door latches, lubricating, as necessary; 4) An inspection ofdampers, fans, and blowers; 5) An inspection ofthe HM1W1 door and door gaskets; 6) An inspection ofall HM1Wl motors; 7) An inspection ofthe primary chamberrefractory lining, cleaning, repairing orreplacing the lining, as necessary; 8) An inspection ofthe incinerator shell for corrosion orhot spots; 9) An inspection ofthe secondary/tertiary chamher and stack, cleaning as necessary; 10) Where applicable, 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 ofairpollution control devices to ensure theirproper operation; 13) Where applicable, an inspection ofthe waste heatboiler systems; 14) An inspection ofall bypass stackcomponents;15) Calibration ofthennocouples, sorbent feed systems and monitoring equipment; and 16) A general inspection ofall equipmentto ensure that it is maintained in good operating condition. c) The owner or operator ofan 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, orrepairs identified during the equipment inspection required under this Section shall be completed within 10 days after the inspection. The owner or operator ofan HMIWI may have a longerperiod 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 owner or operator ofan HMIWI's request in writing.
The owner or operatorofa small. rural, medium, or large HMIWI subjectto the emission limits under Section 229.125(c) as applicable, or Section 229,126 ofthis Part, shall inspectthe 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 ofeach yearthereafter. 

## fl The owner or operator ofan HMIWI subjectto 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 ofeach yearthereafter.
gl Each air pollution control device inspection, as applicable. shall be conducted to ensurethe proper operation ofthe device and, at a minimum. shall consist ofthe following steps: 

### 11 Where applicable. an inspection ofthe thermocouples, sorbentfeed 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 owneroroperatorofan HMIW1may have a longer period oftime in which to complete any repairs identified as a result ofthe 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 owneror operator ofan HMIWI subjectto the emissionsemission limits under Section 229.125(c1. as applicable. or Section 229.126(c1ofthis Part. shall comply with requirements ofthis Section according to the following schedule: 

### D Before January 1,20]4, for a small, medium orlarge HMIWI: £) On and afterJanuary 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 arural 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 parametervalues have been established, the owner oroperator ofan a small, medium or large HMIWI, as applicable, shall continuously monitorthose parameters. 

### fe) The owner or operator ofan a small, medium orlarge HMIWI, as applicable, shall complywith 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 atthe frequencies indicated in Appendix B of this Part at all times eJleept during periods ofstartup and shutdown; 2) Install, calibrate according to manufacturer's specifications, maintain, and operate a device or establish a method for identifyingthe use ofthe bypass stack, including date, time, and duration ofuse;3) Ifcontrol 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 equipmentnecessary to monitor the site-specific operating parameters developed and approved pursuant to Section 229.142(a)(5) or (b)(5) Seetion ))9.112 (e) ofthis Part; and 4) Record monitoring data at all times during HMIWI operation, except during the periods ofmonitoring equipmentmalfunction, calibration, or repair. At aminimum, valid monitoring data shall be recorded for 75 percent ofthe operating hours per day atl6 for 90 percent ofthe operating days per calendarquarter that an HMIWI is combusting hospital waste or medical/infectious waste. 

## ill Ifan 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 operatorofthe HMIWI may use a bag leak detection system to determine compliance with the PM emissions limit. The owneror operator shall meet the following requirements for each bag leakdetection 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 ofdetecting 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 adevice 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 ofthe 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 ofthe "Fabric Filter Bag Leak Detection Guidance." as incorporated by reference in Section 229.104: 

### lQ..l Following initial adjustment ofthe 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 thatthe fabric filter is in good operating condition. Each adjustment shall be recorded: 

### ill Records ofthe results ofeach 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 afterthe alarm. (Source: Amended at 35 Ill. Reg

.. , effective ..J 

### Section 229.168 Monitoring Requirements for Rural HMIWIs 

### !!l Each owner or operator ofa 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 afterJanuary 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 ofeach 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 ofthe secondary chamber on a continuous basis, the output ofwhich shall be recorded, at a minimum, once every minute ofoperation; 

### l17) Install, calibrate according to manufacturer's specifications, maintain, and operate a device that automatically measures and records the date, time, and weight ofeach charge fed into an lIMIWI; and }e) Record monitoring data at all times during lIMIWI operation, except during periods ofmonitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be recorded for 75 percent ofthe operating hours per day ai*I for 90 percent ofthe 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 ManagementRequirements for Commercial HMIWls Aeeeflting 'Naste Generated OffSite a) The owner or operator ofany 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 ofwaste management practices for reducing the volume and toxicity ofwaste 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 aminimum, the following elements: 

### Ai Segregation ofrecyclable wastes such as paperproducts, glass, batteries and metals; 

### ill Segregation ofnon-recyclable wastes such as polyvinyl chloride plastics, pharmaceutical waste, and mercury-containing waste; and 

## 9 Purchasing recycled or recyclable products. 12) Submit awaste management plan to the Agency, in accordance with Section 229.I84(b) ofthis Part, that outlines the efforts that wiIl beundertaken to implement the requirements distribute information as specified in subsection§. (a)(I) through (a)(3) ofthis Section. and identifies the information that will be distributed. b) Paper or electronic copies ofthe materials disseminated underthis 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 ofan HMIWI subject to the emissionsemission limits under Subpart Eofthis Part shall maintain records ofthe following information: I) The calendardate ofeach record; 2) The following data, where applicable: A) Concentrations ofall applicable pollutants listed in Section 229.125 (a) (c), or in Section 229.126 (a) or (c) ofthis Part (as determined by the CEMS, ifapplicable), and any measurements of opacity as required under Section 229.125(b), (d), or If) or Section 229.126(b) odd):
Concentrations ofall applicable llollutants listed in Section 229.125(b) or 229.126(b) ofthis 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) Ifa fabric filter is used, the fabric filter inlettemperatures during each minute ofoperation; D) The amount and type ofdioxin/furan sorbent used during each hour ofoperation; E) The amount and type ofHg sorbentused during each hour of operation; F) The amount and type ofHCI sorbentused during each hourof operation; 

## ill Ifa selective noncatalytic reduction systcm is used to comply, the amount and type ofNOx reagent used during each hour of operation;

## ill Ifa selective noncatalvtic reduction system is used to comply, the minimum secondarv chambertemperature recorded during each minute ofoperation: [ft) 

### The secondary chambertemperatures recorded during each minute ofoperation; JH) The liquorflow rateto the wet scrubber inletduring each minute of operation; K1) The horsepower or amperage to the wet scrubberduring each minute ofoperation; 1J) 

### Any pressure drop across the wet scrubber system during each minute ofoperation; MKc) The temperature atthe outlet from the wet scrubberduring each minute ofoperation; Nb) 

### The pH at the inletto the wet scrubber during each minute of operation; OM) Identification ofany use ofthe bypass stack, including dates, times, andthe duration ofsuch use; 

## ana .eN) For sources complying with Section 229.166{0**~ofthis** 

### Part, all operating parameterdata colleeted monitored; and 

## ill Ifa bag leakdetection system is used, maintain records ofthe system alann, the time ofthe alarm, the time corrective action was initiated and completed, and a briefdescription ofthe cause ofthe alann and the corrective action taken, as applicable; 3) Identification ofany calendardays for which data on emissionsemission rates or operatingparameters specified under subsection (a)(2) ofthis Section have notbeen 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 ofanymalfunctions, includingthe calendardate, the time and duration, and a description ofthe malfunction and ofthe corrective action taken to remedy it; 5) Identification ofcalendardays for which data on emissionsemissiol1 rates or operating parameters specified under subsection (a)(2) ofthis Section exceeded the applicable limits, with a description ofthe 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, ofhow the operating parameters were established or re-established, ifapplicable; 7) Records ofcalibration ofany 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 ofall HMIWI operators who have met the criteria for qualification under Section 229.170 ofthis 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) ofthis Part, as required by Section 229. I72(b) ofthis Part. b) The owner or operator ofan HMIWI claiming an exemption from the emissionsemission limits in this Partpursuantto 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 calendardate and duration ofsuch periods. c) The owner or operator ofan HMIWI claiming an exemption pursuantto Section 229.11 O(c) ofthis Part shall keep records on a calendar quarterbasis demonstrating that only pathological waste, low-level radioactive waste, or chemotherapeutic waste is burned. d) The owner or operator ofa co-fired combustor claiming an exemption from the emissionsemission limits under Section 229.IIO(d) ofthis Part shall maintain records on a calendarquarterbasis ofthe relative weight ofhospital waste and/or medical/infectious waste, and ofall otherfuels or waste combusted. 

### 5<l The owner or operator ofeach HMIWI subjectto 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 ofeach 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 ofeach HMIWI subject to the emissions limits under Section ?29.125(c1. or 229.] 26(c) ofthis Part. shall maintain records ofthe annual air pollution control device inspection required under Section 229.162 ofthis Part. gl Ifa bag leak detection system is used. the owner or operator shall maintain records ofthe system alarm. the time ofthe alarm. the time corrective action was initiated and completed. a briefdescription ofthe cause ofthe alarm and the corrective action taken. as applicable. 

## h2 The owner or operator ofeach HMIWL when applicable, shall maintain records ofany required maintenance, adjustments. or repairs identified during an inspection required under Section 229.] 62 ofthis Part not completed within 10 days after the inspection orthe timeframe approved in writing by the Agencv. if) All records required under this Section shall be maintained onsite for a period of5 years, in eitherpaper 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 pursuantto this Section shall be made available to the Agency upon request. (Source: Amended at 35 Ill. Reg. , effective JSection 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 ofan HMIWI shall submit to the Agency the results ofany 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 I5(b)(3) or Section 229. Il6(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, ofhow the operating parameters were established during the initial performance test for an HMIWI subjectto 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 pursuaRtto either SeNiOR 229.1 12(d), (e) or (I) ofthis Part, as applicable; aRd 2) On and after January I, 20I4, the test data and values for the site-specific operating parameters established pursuantto Seetion 229. I42(b)(3), (4) or (5), as applieable, and a description, including sample calculations, ofhow the operating parameters were established during the initial performance test for an HMIWI subjectto the emissions limits under Section 229.I25(c) or Section 229.1 26(c) ofthis Part; 

## .ll Ifa 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 managementplan required under Subpart K ofthis Part. 

### f.l All owners oroperators ofHMIWls shall submit the information specified under this subsection (c) to the Agency, as follows:
All owners or operators ofHMIWls shall submit

### the iRformatioR specified under this subsection (c) to the AgoRcy by September 15,200] aRd by September 15 of each yearthereafter. Once an HMIW] is issued a CAAPP permit, 

### the OWRer or operator ofan HMI'N] shall submitthese reports semi annually, in accordance 'n'ith subsectioA (d) ofthis SectioA. 

### The annual rell0rt shall iAclude the folio,,", ing informatioR:61 

### D Bv September 15,200I, and by September 15 ofeach 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 ofeach year thereafter, except as provided for in Section 229.115(b)(3) or Section 229.116(c)(4), as applicable, for an HMIWI subjectto 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) ofthis Section shall include the following information:
AB Before January L 2014, the values for site-specific operating parameters established pursuantto Section 229. 142(a)(4), (5) or (6) ofthis Part, as applicable: 

### ill On and afterJanuary 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 pursuantto Section 229.142(b)(3), (4) or (5) ofthis Part, as applicable:**~~** The highest maximum operating parameterand the lowest minimum operating parameter, as applicable, for each operating parameter, recorded for the calendaryearbeing 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 ealendaryear preeeding the year being reported: 

## ill The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameterrecorded pursuantto Section 229,142(a)(4), (5) or (6) or Section 229.142(b)(3). (4) 01'(5), ofthis Part, as applicable, for the calendar yearpreceding the yearbeing reported, in orderto provide the Agency with a summary ofthe performance ofthe affected facility over a 2-yearperiod; 

## j;i'B Any information recorded pursuantto Section 229.I82(a)(3) through (5) ofthis Subpart for the calendaryear being reported and for the calendar yearpreceding the year being reported; 

## E4f Ifno exceedences ormalfunctions were recorded under Section 229.182(a)(3) through (a)(5) ofthis Subpart for the calendaryear being reported, a statementthat nO exceedences occurred during the reporting period; and62**G~)** Any use ofthe bypass stack, the duration ofuse, the reason for malfunction, and the corrective actions taken. d) Once an HMIWI is issued a CAAPP permit, the owner or operator ofthe HMIWI shall submit the reports required under subsection (c) ofthis 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 ofeach year and the second semiannual reporting period ends on December 31 ofeach year. Once the ovmer or operator ofan 

### 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 ofeach year and the second semiannual reporting period ends on September 15 ofeach

e) The owneror operator ofeach rural HMIWI subjectto 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 subjectto pennitting requirements underthe 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 orAmperage 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 ofthatj'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 Rate65

For batch HMIWls, record the charge perbatch. 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 

### orAmperage 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 ofdemonstrating compliance with the emissionsemission limits established under this Part. a) All performance tests shall consist ofa minimum of3 test runs conducted under representative operating conditions. The minimum sample time ofI hour pertest run shall be used unless otherwise indicated. In orderto demonstrate compliance with the emissionsemission limits set forth in Subpart E ofthis Part, the arithmetic average ofall 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 selectthe sampling location and number oftraverse points. c) Method 2, at40 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 ofoxygen 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 ofm'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 usedto 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 ofa bag leak detection system or a PM CEMS to demonstrate compliance with the PM standards is considered demonstrative ofcompliance with the opacity requirements.67 

## in) Method 10 or lOB, at 40 CFR 60, shall be used to measure CO emissions. As an alternative, aCO 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 pertest run. Ifthe affected facility has selected the TEQ for dioxin/furans (set out in Appendix A ofthis Part), as provided under Section 229.125Wor 229.126W ofthis Part, whichever is applicable, the following procedures shall be used to determine compliance: 1) Measure the concentration ofeach 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 congenerconcentration 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 ofdioxin/furans emitted in tenns ofTEQ. 

## !ill) Method 26 or26A, 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, 125WWor 229.l26WW ofthis Part, whicheveris 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 atthe 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 ofthis 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 ofmetal emissions (Pb, Cd, or Hg) achieved; E, =metal emissions concentration (Pb, Cd, or Hg) measured atthe control device inlet, corrected to 7 percentoxygen (dry basis); and
Eo =metal emissions concentration (Pb, Cd, or Hg) measured atthe 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 of5-0.

John 

### 1. Therriault, Assistant Clerk lllinois Pollution Control Board