i

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

State Performance Standards for Specific Existing Sources

CHAPTER 4

TABLE OF CONTENTS

Section 1. Introduction to state performance standards for specific

existing sources ....................................................................................... 4-1

Section 2. Existing sulfuric acid production units ................................................... 4-1

Section 3. Existing nitric acid manufacturing plants................................................ 4-1

Section 4. Existing municipal solid waste landfills.................................................. 4-1

Section 5. Existing hospital/medical/infectious waste incinerators.......................... 4-5

Section 6. Incorporation by reference..................................................................... 4-19

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WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

State Performance Standards for Specific Existing Sources

CHAPTER 4

Section 1. Introduction to state performance standards for specific existing

sources.

(a) This chapter establishes state performance standards for specific existing 

sources. Most of the sections under this chapter were required by the Environmental 

Protection Agency under section 111(d) of the Clean Air Act. Each of the standards 

listed has an accompanying New Source Performance Standard (NSPS) under Chapter 5, 

Section 2 which applies to new sources. Section 6 incorporates by reference all Code of 

Federal Regulations (CFRs) cited in this chapter, including their Appendices.

Section 2. Existing sulfuric acid production units.

(a) Sulfuric Acid Mist. Any existing facility producing sulfuric acid by the 

contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic 

sulfides, mercaptans, or acid sludge shall limit the atmospheric discharge of acid mist in 

the effluent to not more than 0.50 pounds per ton of acid produced (0.25 kgm per metric 

ton)--maximum 2-hour average, expressed as H2SO4. Reference method: Method 8, 

Appendix A, 40 CFR part 60 or an equivalent method.

(b) Sulfur Dioxide. Any existing facility producing sulfuric acid by the contact 

process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, 

mercaptans, or acid sludge shall limit the atmospheric discharge of sulfur dioxide in the 

effluent to not more than 2,000 ppm--maximum 2-hour average.

Section 3. Existing nitric acid manufacturing plants.

(a) The emission of nitrogen oxides from existing nitric acid manufacturing 

plants, calculated as nitrogen dioxide shall be limited to 5.5 pounds per ton (2.8 

kilograms per metric ton) of acid produced, maximum 2-hour average.

Section 4. Existing municipal solid waste landfills.

(a) Definitions. For purposes of this section:

(i) The term “Municipal solid waste landfill” shall mean the entire 

disposal facility in a contiguous geographical space where household waste, commercial 

solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, 
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or industrial solid waste is placed in or on land. Portions of the municipal solid waste 

landfill may be separated by access roads. A municipal solid waste landfill may be 

publicly or privately owned. A municipal solid waste landfill may be a new landfill, an 

existing landfill, or a lateral expansion.

(ii) The term “Existing municipal solid waste landfill” shall mean a 

municipal solid waste landfill that commenced construction, reconstruction or 

modification before May 30, 1991. An existing municipal solid waste landfill may be 

active or closed. Physical or operational changes made to an existing municipal solid 

waste landfill solely to comply with the emission limits are not considered a modification 

or reconstruction.

(b) Chapter 6, Section 3 applicability:

(i) For purposes of obtaining an operating permit under Section 30, the 

owner or operator of a MSW landfill subject to this section with a design capacity less 

than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement 

to obtain an operating permit for the landfill under Chapter 6, Section 3. For purposes of 

submitting a timely application for an operating permit under Chapter 6, Section 3, the 

owner or operator of a MSW landfill subject to this section with a design capacity greater 

than or equal to 2.5 million megagrams and 2.5 million cubic meters on July 31, 1998 

and not otherwise subject to Chapter 6, Section 3, becomes subject to the requirements of 

Chapter 6, Section 3(c)(i)(A) on October 29, 1998.

(ii) When a MSW landfill subject to this section is closed, the owner or 

operator is no longer subject to the requirement to maintain an operating permit under 

Chapter 6, Section 3 for the landfill if the landfill is not otherwise subject to the 

requirements of Chapter 6, Section 3 and if either of the following conditions are met:

(A) The landfill was never subject to the requirement for a control 

system under Chapter 4, Section 4(d); or

(B) The owner or operator meets the conditions for control system 

removal specified in Chapter 5, Section 2(b), Subpart WWW §60.752.

(c) The owner or operator of an existing municipal solid waste landfill that meets 

the following conditions (i)-(iii) shall comply with (d) through (j) of this section.

(i) The landfill has accepted waste at any time since November 8, 1987 or 

has additional design capacity available for future waste deposition;

(ii) The landfill has a design capacity greater than or equal to 2.5 million 

megagrams and 2.5 million cubic meters (3.27 million cubic yards);
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(iii) The landfill has a non-methane organic compound emission rate of 

50 megagrams per year (55 tons per year) or more. The calculation of the landfill nonmethane organic compound emission rate shall follow the test methods and procedures in 

Chapter 5, Section 2(b), Subpart WWW §60.754, to determine the landfill non-methane

organic compound emission rate;

(iv) The owner or operator of each existing municipal solid waste landfill 

meeting the condition in subsection (i) shall submit a design capacity report within 90 

days of the effective date of this regulation. If the design capacity of the landfill meets 

the condition in subsection (ii), then the owner or operator shall also submit an initial 

non-methane organic compound emission rate report in accordance with the procedures 

in Chapter 5, Section 2(b), Subpart WWW §60.754, within 90 days of the effective date

of this regulation and annually or every five years thereafter in accordance with Chapter 

5, Section 2(b), Subpart WWW §60.757(b). If the facility meets the conditions of 

subsections (i)-(iii), then the facility is considered to be an affected facility for purposes 

of this regulation.

(d) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section shall install a collection and 

control system that meets the conditions provided in Chapter 5, Section 2(b), Subpart 

WWW §60.752(b)(2)(ii). The control system must meet one of the following 

requirements:

(i) An open flare designed and operated in accordance with the 

parameters established in Chapter 5, Section 2(m);

(ii) A control system designed and operated to reduce non-methane

organic compounds by 98 weight percent; or

(iii) An enclosed combustor designed and operated to either reduce nonmethane organic compounds by 98 weight percent or the outlet non-methane organic 

compound concentration to 20 parts per million as hexane by volume, dry basis at three 

percent oxygen or less.

(e) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section shall submit plans and 

specifications for the collection and control system for review and approval by the 

Division. The collection and control system design plan shall be prepared by a 

professional engineer. The Division shall review and approve or disapprove the design 

plan within 60 days from date of receipt.

(f) Compliance schedules: The owner or operator of an existing solid waste 

municipal landfill that is defined as an affected facility under (c) of this section shall 

comply with the control requirements on the following schedule:
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(i) If the landfill’s non-methane organic carbon emission rate is equal to 

or greater than 50 megagrams/yr, then the owner or operator shall submit a final control 

plan to the Division for review and approval no later than one year from the date of 

submission on the first annual emission rate report. The final control plan shall include:

(A) A date for the award of contracts for a gas collection and 

control system, no later than 20 months after the effective date of this regulation;

(B) A date for initiating on-site construction or installation of the 

collection and control systems, no later than 24 months after the effective date of this 

regulation;

(C) A date for completing on-site construction or installation of 

collection and control systems, no later than 30 months after the date the initial NMOC 

emission rate report shows NMOC emissions equal or exceed 50 megagrams per year; 

and

(D) A date demonstrating compliance, no later than 180 days after 

the installation of the collection and control system.

(ii) The owner and operator of each existing municipal solid waste landfill 

meeting the conditions of Chapter 4, Sections 4(c)(i) and (ii) whose non-methane organic 

compound emission rate is less than 50 megagrams per year on the effective date of this 

regulation shall submit a final control plan to the Division within one year after its nonmethane organic compound emissions exceed 50 megagrams per year. The final control 

plan shall include:

(A) A date for the award of contracts for a gas collection and 

control system, no later than 20 months after the landfill becomes an affected facility 

under Chapter 4, Section 4(c)(iv);

(B) A date for initiation on-site construction or installation of the 

collection and control systems, no later than 24 months after the landfill becomes an 

affected facility under Chapter 4, Section 4(c)(iv);

(C) A date for completing on-site construction or installation of 

collection and control systems, no later than 30 months after the landfill becomes an 

affected facility under Chapter 4, Section 4(c)(iv); and

(D) A date for demonstrating compliance, no later than 180 days 

after the installation of the collection and control system.

(iii) Upon submission and review of the final control plan by the Division, 

the compliance schedule described in Chapter 4, Section 4(f)(i) or (ii) shall be 

incorporated into a Department Order.
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(g) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section, shall meet the operational 

standards for collection and control systems in Chapter 5, Section 2(b), Subpart WWW 

§60.753.

(h) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section, shall meet the compliance 

provisions in Chapter 5, Section 2(b) Subpart WWW §60.755.

(i) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section, shall meet the monitoring 

provisions in Chapter 5, Section 2(b), Subpart WWW §60.756.

(j) The owner or operator of an existing municipal solid waste landfill that is 

defined as an affected facility under (c) of this section, shall meet the reporting provisions 

in Chapter 5, Section 2(b), Subpart WWW §60.757, and the recordkeeping provisions in 

Chapter 5, Section 2(b), Subpart WWW §60.758.

Section 5. Existing hospital/medical/infectious waste incinerators.

Scope:

This section contains emission limits, compliance times and general requirements 

for the control of certain designated pollutants from hospital/medical/infectious waste 

incinerator(s) (HMIWI) in accordance with sections 111 and 129 of the Clean Air Act 

and 40 CFR part 60, subpart B. These rules supersede the provisions of 40 CFR part 

60.24(f) of subpart B.

(a) Definitions.

Terms used but not defined in this section have the meaning given them in the 

Clean Air Act and in 40 CFR part 60, subparts A, B, and Ec.

“Standard Metropolitan Statistical Area or SMSA” means any areas listed in 

OMB Bulletin No. 93-17 entitled “Revised Statistical Definitions for Metropolitan 

Areas” dated June 30, 1993 (incorporated by reference, see 40 CFR part 60.17).

(b) Applicability.

(i) Except as provided in paragraphs (ii) through (viii) of this subsection, 

the designated facility to which this regulation applies is each individual HMIWI:

(A) For which construction was commenced on or before June 20, 

1996, or for which modification was commenced on or before March 16, 1998.
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(B) For which construction was commenced after June 20, 1996 

but no later than December 1, 2008, or for which modification is commenced after March 

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

(ii) A combustor is not subject to this subsection during periods when 

only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste (all 

defined in 40 CFR part 60.51c) is burned, provided the owner or operator of the 

combustor:

(A) Notifies the Department of Environmental Quality - Air 

Quality Division (AQD) Administrator and EPA Administrator of an exemption claim; 

and

(B) Keeps records on a calendar quarter basis of the periods of 

time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic 

waste is burned.

(iii) Any co-fired combustor (defined in 40 CFR part 60.51c) is not 

subject to this subsection if the owner or operator of the co-fired combustor:

(A) Notifies the AQD Administrator and EPA Administrator of an 

exemption claim;

(B) Provides an estimate of the relative weight of hospital waste, 

medical/infectious waste, and other fuels and/or wastes to be combusted; and

(C) Keeps records on a calendar quarter basis of the weight of 

hospital waste and medical/infectious waste combusted, and the weight of all other fuels 

and wastes combusted at the co-fired combustor.

(iv) Any combustor required to have a permit under Section 3005 of the 

Solid Waste Disposal Act is not subject to this subsection.

(v) Any combustor which meets the applicability requirements under 40 

CFR part 60 subpart Cb, Ea, or Eb (standards or guidelines for certain municipal waste 

combustors) is not subject to this subsection.

(vi) Any pyrolysis unit (defined in 40 CFR part 60.51c) is not subject to 

this subsection.

(vii) Cement kilns firing hospital waste and/or medical/infectious waste 

are not subject to this subsection.
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(viii) Physical or operational changes made to an existing HMIWI unit 

solely for the purpose of complying with emission limits under this subsection are not 

considered a modification and do not result in an existing HMIWI unit becoming subject 

to the provisions of 40 CFR part 60, subpart Ec (see 40 CFR part 60.50c).

(ix) Beginning September 15, 2000, designated facilities subject to this 

subsection shall operate pursuant to a permit issued under Wyoming Air Quality 

Standards and Regulations (WAQSR) Chapter 6, Section 3.

(x) The requirements of 40 CFR part 60 subpart Ce as promulgated on 

September 15, 1997, shall apply to the designated facilities defined in paragraph (b)(i)(A) 

of this subsection until the applicable compliance date of the requirements of 40 CFR part 

60 subpart Ce, as amended on October 6, 2009. Upon the compliance date of the

requirements of 40 CFR part 60 subpart Ce, designated facilities as defined in paragraph 

(b)(i)(A) of this subsection are no longer subject to the requirements of 40 CFR part 60 

subpart Ce, as promulgated on September 15, 1997, but are subject to the requirements of 

40 CFR part 60 subpart Ce, as amended on October 6, 2009.

(xi) The authorities listed under 40 CFR part 60.50c(i) shall be retained 

by the EPA Administrator and not be transferred to a state.

(c) Emissions Limits.

(i) Emissions limits for each HMIWI facility defined below shall be:

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as promulgated on September 15, 1997, the requirements 

listed in Table 1A of this subsection, except as provided in paragraph (ii) of this 

subsection.

Table 1A. Emissions Limits for Small, Medium, and Large HMIWI at Designated 

Facilities as Defined in Subsection (b)(i)(A)

Pollutant

Units

(7 percent oxygen,

dry basis)

Emission Limits

Averaging Time1

Method for 

Demonstrating 

Compliance2 HMIWI Size

Small Medium Large

Particulate matter Milligrams per dry 

standard cubic meter 

(mg/dscm) (grains 

per dry standard 

cubic foot (gr/dscf)).

115 (0.05) 69 (0.03) 34 (0.015) 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 5 

of appendix A-3 of part 

60, or EPA Reference 

Method 26A or 29 of 

appendix A-8 of part 60.

Carbon monoxide Parts per million by 

volume (ppmv). 40 40 40 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

10 or 10B of appendix A4 of part 60.
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Pollutant

Units

(7 percent oxygen,

dry basis)

Emission Limits

Averaging Time1

Method for 

Demonstrating 

Compliance2 HMIWI Size

Small Medium Large

Dioxins/furans Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(ng/dscm) (grains per 

billion dry standard 

cubic feet (gr/109

dscf)) or ng/dscm 

TEQ (gr/109 dscf).

125 (55) or 

2.3 (1.0)

125 (55) or 

2.3 (1.0)

125 (55) or 

2.3 (1.0) 3-run average (4-

hour minimum 

sample time per 

run).

EPA Reference Method 

23 of appendix A-7 of 

part 60.

Hydrogen chloride ppmv or percent 

reduction.

100 or 93% 100 or 93% 100 or 93% 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

26 or 26A of appendix A8 of part 60.

Sulfur dioxide ppmv 55 55 55 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 6 

or 6C of appendix A-4 of 

part 60.

Nitrogen oxides ppmv 250 250 250 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 7 

or 7E of appendix A-4 of 

part 60.

Lead mg/dscm (grains per 

thousand dry standard 

cubic feet (gr/103

dscf)) or percent 

reduction.

1.2 (0.52) or 

70%

1.2 (0.52) or 

70%

1.2 (0.52) or 

70% 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

Cadmium mg/dscm (gr/103

dscf) or percent 

reduction.

0.16 (0.07) or 

65%

0.16 (0.07) or 

65%

0.16 (0.07) or 

65% 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

Mercury mg/dscm (gr/103

dscf) or percent

reduction.

0.55 (0.24) or 

85%

0.55 (0.24) or 

85%

0.55 (0.24) or 

85% 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.

2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).

(B) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as amended on October 6, 2009, the requirements listed in 

Table 1B of this subsection, except as provided in paragraph (ii) of this subsection.

(C) For a designated facility as defined in subsection (b)(i)(B), the 

more stringent of the requirements listed in Table 1B of this subsection and Table 1A of 

40 CFR part 60 subpart Ec.
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Table 1B. Emissions Limits for Small, Medium, and Large HMIWI at Designated 

Facilities as Defined in Subsections (b)(i)(A) and (b)(i)(B)

Pollutant

Units

(7 percent oxygen,

dry basis)

Emission Limits

Averaging Time1

Method for 

Demonstrating 

Compliance2 HMIWI Size

Small Medium Large

Particulate matter Milligrams per dry 

standard cubic meter 

(mg/dscm) (grains 

per dry standard 

cubic foot (gr/dscf)).

66 (0.029) 46 (0.020) 25 (0.011) 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 5 

of appendix A-3 of part

60, or EPA Reference 

Method 26A or 29 of 

appendix A-8 of part 60.

Carbon monoxide Parts per million by 

volume (ppmv). 20 5.5 11 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

10 or 10B of appendix A4 of part 60.

Dioxins/furans Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(ng/dscm) (grains per 

billion dry standard 

cubic feet (gr/109

dscf)) or ng/dscm 

TEQ (gr/109 dscf).

16 (7.0) or 

0.013 (0.0057)

0.85 (0.37) or 

0.020 (0.0087)

9.3 (4.1) or 

0.054 (0.024) 3-run average (4-

hour minimum 

sample time per 

run).

EPA Reference Method 

23 of appendix A-7 of 

part 60.

Hydrogen chloride ppmv 44 7.7 6.6 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

26 or 26A of appendix A8 of part 60.

Sulfur dioxide ppmv 4.2 4.2 9.0 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 6 

or 6C of appendix A-4 of 

part 60.

Nitrogen oxides ppmv 190 190 140 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 7 

or 7E of appendix A-4 of 

part 60.

Lead mg/dscm (grains per 

thousand dry standard 

cubic feet (gr/103

dscf)).

0.31 (0.14) 0.018 (0.0079) 0.036 (0.016) 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

Cadmium mg/dscm (gr/103

dscf).

0.017 (0.0074) 0.013 (0.0057) 0.0092 (0.0040) 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

Mercury mg/dscm (gr/103

dscf).

0.014 (0.0061) 0.025 (0.011) 0.018 (0.0079) 3-run average (1-

hour minimum 

sample time per 

run).

EPA Reference Method 

29 of appendix A-8 of 

part 60.

1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.

2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).

(ii) Any small HMIWI constructed on or before June 20, 1996, which is 

located more than 50 miles from the boundary of the nearest Standard Metropolitan 

Statistical Area (defined in subsection (a) of these regulations) and which burns less than 

2,000 pounds per week of hospital waste and medical/infectious waste shall meet the 
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emissions limits required in paragraphs (c)(ii)(A) and (B) of this subsection, as 

applicable. The 2,000 lb/week limitation does not apply during performance tests.

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as promulgated on September 15, 1997, the requirements 

listed in Table 2A of this subsection.

Table 2A. Emissions Limits for Small HMIWI Which Meet the Criteria Under 

Subsection (c)(ii)(A)

Pollutant

Units

(7 percent oxygen,

dry basis)

HMIWI Emission Limits Averaging Time1 Method for Demonstrating 

Compliance2

Particulate matter mg/dscm (gr/dscf) 197 (0.086) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 5 of 

appendix A-3 of part 60, or EPA 

Reference Method 26A or 29 of 

appendix A-8 of part 60.

Carbon monoxide ppmv 40 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 10 or 

10B of appendix A-4 of part 60.

Dioxins/furans ng/dscm total 

dioxins/furans 

(gr/109 dscf) or 

ng/dscm TEQ 

(gr/109 dscf)

800 (350) or 15 (6.6) 3-run average (4-hour minimum 

sample time per run).

EPA Reference Method 23 of 

appendix A-7 of part 60.

Hydrogen chloride ppmv 3,100 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 26 or 

26A of appendix A-8 of part 60.

Sulfur dioxide ppmv 55 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 6 or 6C 

of appendix A-4 of part 60.

Nitrogen oxides ppmv 250 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 7 or 7E 

of appendix A-4 of part 60.

Lead mg/dscm (gr/103

dscf)

10 (4.4) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

Cadmium mg/dscm (gr/103

dscf)

4 (1.7) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

Mercury mg/dscm (gr/103

dscf)

7.5 (3.3) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.

2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).

(B) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as amended on October 6, 2009, the requirements listed in 

Table 2B of this subsection.

Table 2B. Emissions Limits for Small HMIWI Which Meet the Criteria Under 

Subsection (c)(ii)(B)

Pollutant

Units

(7 percent oxygen,

dry basis)

HMIWI Emission Limits Averaging Time1 Method for Demonstrating 

Compliance2

Particulate matter mg/dscm (gr/dscf) 87 (0.038) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 5 of 

appendix A-3 of part 60, or EPA 

Reference Method 26A or 29 of 

appendix A-8 of part 60.

Carbon monoxide ppmv 20 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 10 or 

10B of appendix A-4 of part 60.

Dioxins/furans ng/dscm total 

dioxins/furans 

(gr/109 dscf) or 

240 (100) or 5.1 (2.2) 3-run average (4-hour minimum 

sample time per run).

EPA Reference Method 23 of 

appendix A-7 of part 60.
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Pollutant

Units

(7 percent oxygen,

dry basis)

HMIWI Emission Limits Averaging Time1 Method for Demonstrating 

Compliance2

ng/dscm TEQ 

(gr/109 dscf)

Hydrogen chloride ppmv 810 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 26 or 

26A of appendix A-8 of part 60.

Sulfur dioxide ppmv 55 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 6 or 6C 

of appendix A-4 of part 60.

Nitrogen oxides ppmv 130 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 7 or 7E 

of appendix A-4 of part 60.

Lead mg/dscm (gr/103

dscf)

0.50 (0.22) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

Cadmium mg/dscm (gr/103

dscf)

0.11 (0.048) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

Mercury mg/dscm (gr/103

dscf)

0.0051 (0.0022) 3-run average (1-hour minimum 

sample time per run).

EPA Reference Method 29 of 

appendix A-8 of part 60.

1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.

2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).

(iii) Stack opacity requirements for each HMIWI facility defined below 

shall be:

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as promulgated on September 15, 1997, the requirements 

in 40 CFR part 60.52c(b)(1) of subpart Ec.

(B) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits as amended on October 6, 2009 and a designated facility 

as defined in subsection (b)(i)(B), the requirements in 40 CFR part 60.52c(b)(2) of 

subpart Ec.

(d) Operator Training and Qualification Requirements. The owner or operator of 

a designated facility shall comply with the operator training and qualification

requirements listed in 40 CFR part 60.53c of subpart Ec. Compliance with these 

requirements shall occur according to the schedule specified in subsection (i)(v).

(e) Waste Management Plan. The owner or operator of a designated facility shall 

prepare a waste management plan in accordance with the requirements listed in 40 CFR 

part 60.55c of subpart Ec.

(f) Inspection Requirements.

(i) Each small HMIWI subject to the emissions limits under subsection 

(c)(ii) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and 

(C) shall undergo an initial equipment inspection within one year following EPA 

approval of the State plan, but not later than October 6, 2014.

(A) At a minimum, an inspection shall include the following:
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(I) Inspect all burners, pilot assemblies, and pilot sensing

devices for proper operation; clean pilot flame sensor, as necessary;

(II) Ensure proper adjustment of primary and secondary 

chamber combustion air, and adjust as necessary;

(III) Inspect hinges and door latches, and lubricate as 

necessary;

(IV) Inspect dampers, fans, and blowers for proper 

operation;

(V) Inspect HMIWI door and door gaskets for proper 

sealing;

(VI) Inspect motors for proper operation;

(VII) Inspect primary chamber refractory lining; clean and 

repair/replace lining as necessary;

(VIII) Inspect incinerator shell for corrosion and/or hot 

spots;

(IX) Inspect secondary/tertiary chamber and stack, clean as 

necessary;

(X) Inspect mechanical loader, including limit switches, 

for proper operation, if applicable;

(XI) Visually inspect waste bed (grates), and repair/seal, as 

appropriate;

(XII) For the burn cycle that follows the inspection, 

document that the incinerator is operating properly and make any necessary adjustments;

(XIII) Inspect air pollution control device(s) for proper 

operation, if applicable;

(XIV) Inspect waste heat boiler systems to ensure proper 

operation, if applicable;

(XV) Inspect bypass stack components;

(XVI) Ensure proper calibration of thermocouples, sorbent 

feed systems and any other monitoring equipment; and
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(XVII) Generally observe that the equipment is maintained 

in good operating condition.

(B) Within 10 operating days following an equipment inspection 

all necessary repairs shall be completed unless the owner or operator obtains written 

approval from the AQD Administrator establishing a date whereby all necessary repairs 

of the designated facility shall be completed.

(ii) Each small HMIWI subject to the emissions limits under subsection 

(c)(i) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and (C) 

shall undergo an equipment inspection annually (no more than 12 months following the 

previous annual equipment inspection), as outlined in paragraph (i) of this subsection.

(iii) Each small HMIWI subject to the emissions limits under subsection 

(c)(ii)(B) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and 

(C) shall undergo an initial air pollution control device inspection, within one year 

following EPA approval of the State plan, but not later than October 6, 2014.

(A) At a minimum, an inspection shall include the following:

(I) Inspect air pollution control device(s) for proper 

operation, if applicable;

(II) Ensure proper calibration of thermocouples, sorbent 

feed systems, and any other monitoring equipment; and

(III) Generally observe that the equipment is maintained in 

good operating condition.

(B) Within 10 operating days following an air pollution control 

device inspection, all necessary repairs shall be completed unless the owner or operator 

obtains written approval from the AQD Administrator establishing a date whereby all 

necessary repairs of the designated facility shall be completed.

(iv) Each small HMIWI subject to the emissions limits under subsection 

(c)(ii)(B) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and 

(C) shall undergo an air pollution control device inspection, as applicable, annually (no 

more than 12 months following the previous annual air pollution control device 

inspection), as outlined in paragraph (iii) of this subsection.

(g) Compliance, Performance Testing, and Monitoring Requirements.
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(i) Except as provided in paragraph (ii) of this subsection, requirements 

for compliance and performance testing of a designated facility are listed in 40 CFR part

60.56c of subpart Ec, with the following exclusions:

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits in subsection (c)(i)(A), the test methods listed in 40 CFR 

part 60.56c(b)(7) and (8), the fugitive emissions testing requirements under 40 CFR part 

60.56c(b)(14) and (c)(3), the CO CEMS requirements under 40 CFR part 60.56c(c)(4), 

and the compliance requirements for monitoring listed in 40 CFR part 60.56c(c)(5)(ii) 

through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), 

and (h).

(B) For a designated facility as defined in subsections (b)(i)(A) 

and (B) subject to the emissions limits in subsections (c)(i)(B) and (C), the annual 

fugitive emissions testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS 

requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for 

monitoring listed in 40 CFR part 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through 

(10), (f)(7) through (10), and (g)(6) through (10). Sources subject to the emissions limits 

under subsections (c)(i)(B) and (C) may, however, elect to use CO CEMS as specified 

under 40 CFR part 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR 

part 60.57c(h).

(ii) Except as provided in paragraphs (ii)(A) and (B) of this subsection, 

each small HMIWI subject to the emissions limits under subsection (c)(ii) shall meet the 

performance testing requirements listed in 40 CFR part 60.56c of subpart Ec. The 2,000 

lb/week limitation under subsection (c)(ii) does not apply during performance tests.

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to the emissions limits under subsection (c)(ii)(A), the test methods listed in 40 

CFR part 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and (14), the annual PM, CO, and HCl 

emissions testing requirements under 40 CFR part 60.56c(c)(2), the annual fugitive 

emissions testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS 

requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for 

monitoring listed in 40 CFR part 60.56c(c)(5) through (7), and (d) through (k) do not 

apply.

(B) For a designated facility as defined in subsection (b)(i)(B) 

subject to the emissions limits under subsection (c)(ii)(B), the annual fugitive emissions 

testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS requirements under 

40 CFR part 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 

CFR part 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through 

(10), and (g)(6) through (10) do not apply. Sources subject to the emissions limits under 

subsection (c)(ii)(B) may, however, elect to use CO CEMS as specified under 40 CFR 

part 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR part 60.57c(h).
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(iii) Each small HMIWI subject to the emissions limits under subsection 

(c)(ii) that is not equipped with an air pollution control device shall meet the following 

compliance and performance testing requirements:

(A) Establish maximum charge rate and minimum secondary 

chamber temperature as site-specific operating parameters during the initial performance 

test to determine compliance with applicable emission limits.

(B) Following the date on which the initial performance test is 

completed or is required to be completed under 40 CFR part 60.8, whichever date comes 

first, ensure that the designated facility does not operate above the maximum charge rate 

or below the minimum secondary chamber temperature measured as 3-hour rolling 

averages (calculated each hour as the average of the previous 3 operating hours) at all 

times. Operating parameter limits do not apply during performance tests. Operation 

above the maximum charge rate or below the minimum secondary chamber temperature 

shall constitute a violation of the established operating parameters(s).

(C) Except as provided in paragraph (iii)(D) of this subsection, 

operation of the designated facility above the maximum charge rate and below the 

minimum secondary chamber temperature (each measured on a 3-hour rolling average) 

simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emissions 

limits.

(D) The owner or operator of a designated facility may conduct a

repeat performance test within 30 days of violation of applicable operating parameter(s) 

to demonstrate that the designated facility is not in violation of the applicable emissions 

limit(s). Repeat performance tests conducted pursuant to this paragraph must be 

conducted under process and control device operating conditions duplicating as nearly as 

possible those that indicated a violation under paragraph (iii)(C) of this subsection.

(iv) Any HMIWI subject to the emissions limits under subsections (c)(i) 

and (ii), except as provided for under paragraph (v) of this subsection, shall meet 

monitoring requirements listed in 40 CFR part 60.57c of subpart Ec.

(v) Small HMIWI subject to the emissions limits under subsection (c)(ii) 

that are not equipped with an air pollution control device shall meet the following 

monitoring requirements:

(A) Install, calibrate (to manufacturers’ specifications), maintain, 

and operate a device for measuring and recording the temperature of the secondary 

chamber on a continuous basis, the output of which shall be recorded, at a minimum, 

once every minute throughout operation.
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(B) Install, calibrate (to manufacturers’ specifications), maintain, 

and operate a device which automatically measures and records the date, time, and 

weight of each charge fed into the HMIWI.

(C) The owner or operator of a designated facility shall obtain 

monitoring data at all times during HMIWI operation except during periods of 

monitoring equipment malfunction, calibration, or repair. At a minimum, valid 

monitoring data shall be obtained for 75 percent of the operating hours per day for 90 

percent of the operating hours per calendar quarter that the designated facility is 

combusting hospital waste and/or medical/infectious waste.

(vi) The owner or operator of a designated facility as defined in 

subsection (b)(i)(A) or (B) subject to emissions limits under subsection (c)(i)(B), (i)(C), 

or (ii)(B) may use the results of previous emissions tests to demonstrate compliance with 

the emissions limits, provided that the conditions in paragraphs (vi)(A) through (C) of 

this subsection are met:

(A) The designated facility’s previous emissions tests must have 

been conducted using the applicable procedures and test methods listed in 40 CFR part 

60.56c(b) of subpart Ec. Previous emissions test results obtained using EPA-accepted 

voluntary consensus standards are also acceptable.

(B) The HMIWI at the designated facility shall currently be 

operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that 

would be expected to result in the same or lower emissions than observed during the 

previous emissions test(s), and the HMIWI may not have been modified such that 

emissions would be expected to exceed (notwithstanding normal test-to-test variability) 

the results from previous emissions test(s).

(C) The previous emissions test(s) must have been conducted in 

1996 or later.

(h) Reporting and Recordkeeping Requirements.

(i) Except as provided in paragraphs (i)(A) and (B) of this subsection, any 

designated facility shall meet the reporting and recordkeeping requirements listed in 40 

CFR part 60.58c(b) through (g) of subpart Ec.

(A) For a designated facility as defined in subsection (b)(i)(A) 

subject to emissions limits under subsection (c)(i)(A) or (ii)(A), excluding 40 CFR part 

60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) (NOx reagent), (b)(2)(xvii) (air pollution 

control device inspections), (b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) 

(CO CEMS data), and (b)(7) (siting documentation).
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(B) For a designated facility as defined in subsection (b)(i)(A) or 

(B) subject to emissions limits under subsection (c)(i)(B), (C), or (ii)(B), excluding 40 

CFR part 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS 

data), and (b)(7) (siting documentation).

(ii) The owner or operator of each HMIWI subject to the emissions limits 

under subsection (c) shall be required to:

(A) As specified in subsection (f), maintain records of the annual 

equipment inspections that are required for each HMIWI subject to the emissions limits 

under subsections (c)(i)(B), (C), and (ii), and the annual air pollution control device 

inspections that are required for each HMIWI subject to the emissions limits under 

subsections (c)(i)(B), (C), and (ii)(B), any required maintenance, and any repairs not 

completed within 10 days of an inspection or the timeframe established by the AQD 

Administrator; and

(B) Submit an annual report containing information recorded 

under paragraph (ii)(A) of this subsection no later than 60 days following the year in 

which data were collected. Subsequent reports shall be sent no later than 12 calendar 

months following the previous report (once the unit is subject to permitting requirements 

under WAQSR Chapter 6, Section 3, the owner or operator must submit these reports 

semiannually). The report shall be signed by the facilities manager.

(i) Compliance Times.

(i) Except as provided in paragraphs (ii) and (iii) of this subsection, all 

designated facilities shall comply with all requirements of this plan within one year of 

EPA’s approval of this plan, or by October 6, 2014, whichever occurs first.

(ii) Except as provided in paragraphs (iii) and (iv) of this subsection,

designated facilities shall comply with all requirements of the State plan on or before the 

date one year after EPA approval of the State plan, but not later than October 6, 2014, 

regardless of whether a designated facility is identified in the State plan inventory 

required by 40 CFR part 60.25(a) of subpart B.

(iii) Any designated facility demonstrating measurable and enforceable 

incremental steps of progress towards compliance, planning to install the necessary air 

pollution control equipment, must be in compliance on or before the date three years after 

EPA approval of the State plan, but not later than October 6, 2014, for the emissions 

limits as amended on October 6, 2009. Measurable and enforceable activities necessary 

for this demonstration shall include:

(A) Date for submitting a petition for site-specific operating 

parameters under 40 CFR part 60.56c(j) of subpart Ec.
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(B) Date for obtaining services of an architectural and engineering 

firm regarding the air pollution control device(s):

(C) Date for obtaining design drawings of the air pollution control 

device(s):

(D) Date for ordering the air pollution control device(s):

(E) Date for obtaining the major components of the air pollution 

control device(s):

(F) Date for initiation of site preparation for installation of the air 

pollution control device(s):

(G) Date for initiation of installation of the air pollution control 

device(s);

(H) Date for initial startup of the air pollution control device(s); 

and

(I) Date for initial compliance test(s) of the air pollution control 

devices(s).

(iv) A designated facility petitioning the AQD Administrator for 

extensions beyond the compliance times required in paragraph (ii) of this subsection 

shall:

(A) Submit the following information in time to allow the AQD 

Administrator adequate time to grant or deny the extension within one year after EPA 

approval of the State plan, but not later than October 6, 2014:

(I) Documentation of the analyses undertaken to support 

the need for an extension, including an explanation of why up to three years after EPA 

approval of the State plan is sufficient time to comply, while within one year after EPA 

approval of the State plan is not sufficient. The documentation shall also include an

evaluation of the option to transport the waste offsite to a commercial medical waste 

treatment and disposal facility on a temporary or permanent basis; and

(II) Documentation of measurable and enforceable 

incremental steps of progress to be taken towards compliance with the emissions limits.

(B) The AQD Administrator will grant or deny all extensions; and

(C) If an extension is granted, the designated facility shall comply 

with the emissions limits on or before the date three years after EPA approval of the State 
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plan, but not later than October 6, 2014, for the emissions limits as amended on October 

6, 2009.

(v) A designated facility shall comply with subsection (d) - Operator 

Training and Qualification Requirements and subsection (f) - Inspection Requirements by 

the date one year after EPA approval of a State plan, but not later than October 6, 2014.

Section 6. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations 

(CFRs) cited in this chapter, including their Appendices, revised and published as of July 

1, 2012, not including any later amendments, are incorporated by reference. Copies of 

the Code of Federal Regulations are available for public inspection and copies can be 

obtained at cost from the Department of Environmental Quality, Division of Air Quality, 

122 W. 25th Street, Cheyenne, Wyoming 82002. Copies of the CFRs can also be 

obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge 

Summit, PA 17214.