2

IEPA ATTACHMENT NO._

ILLINOIS POLLUTION CONTROL BOARD

January 6, 2011

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL ADM. CODE )

PART 229: )

HOSPITAL/MEDICAL/INFECTIOUS )

WASTE INCINERATORS )

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

Rll·20

(Rulemaking . Air)

On December 23,2010, the llIinois Environmental Protection Agency (Agency or !EPA)

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

to the general rulemakings provisions of Section 27 ofthe llIinois Environmental Protection Act

(Act), 415 ILCS 5/27 (2008) and the Boards procedural rules at 35 Ill. Adm. Code 102, The

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

motion waiver of copy submission requirements, and a motion for expedited review (MER).

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

proposal contains amendments to 35 Ill. Adm. Code Part 229 "HospitallMedical/Infectious

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 (NSPS) and emissions guidelines (EG), SR at I,

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

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

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

The compliance date for the new mles 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.

, In the interest of clarity, the Board has slightly revised the Agency's caption for this

rulemaking to better reflect the nature ofthe proposal. The Board requests that the participants

use the caption above in future filings,

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

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

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

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

ofthe new rules, i.e. by October 6,2010, Section I29(b)(3) ofthe federal Clean Air Act, 42

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

offederal rule promulgation i.e, by October 6, 20 II.
2

The Board finds that the petition meets the content requirements of 35 III. Adm. Code

102.202. The Board accordingly accepts the petition for hearing.

The Board reserves ruling on the pending motions, as participants' time to respond to

them has not yet elapsed. The Board is mindful that, in the MER, IEPA says that Illinois can

avoid a FlP, if Illinois submits a SIP revision by October 6, 201 I (MER at 2). The Board will

rule on the pending motions promptly once they are ripe.

IT IS SO ORDERED.

I, John 1'. Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that

the Board adopted the above order on January 6, 20 I I by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
IEPA ATTACHMENT NO, 3

ORIGINAL

February 22, 2011

Warren Ribley, Director

Department of Commerce and Economic Opportunity

620 East Adams Street, S-6

Springfield, Illinois 62704

Re: Request for Economic Impact Study for: Amendments to 35 lIt Adm,

Code Part 229: HospitallMedicallInfectious Waste Incinerators, RII-20

Dear Director Ribley:

On December 23,2010, the Board accepted for hearing an April 20, 2010

regulatory proposal filed by the Illinois Environmental Protection Agency in

Amendments to 35 Ill, Adm, Code Part 229: HospitallMedical/lnfectious Waste

Incinerators, RII-20, The proposal was accompanied by a motion for expedited

consideration On January 6, 2011, the Board authorized first-notice publication

ofthe proposal without comment on the proposal's merits under the

Administrative Procedure Act (APA), 415 ILCS 5/100 et, seq, (2008), I am

writing to request that your Department conduct an economic impact study

concerning this proposal, For reasons explained below, if at all possible, we

would appreciate your response to this request no later than March 25, 201 L

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

stated that this proposal contains amendments to 35 Ill, Adm, Code Part 229

"HospitallMedical/lnfectious Waste Incinerators" (HMIWI), The proposed rules

would reflect amendments promulgated by the United States Environmental

Protection Agency (USEPA) to federal air quality standards, including new

source performance standards (NSPS) and emissions guidelines (EG), See

"Standards of Performance for New Stationary Sources and Emissions

Guidelines for Existing Sources: HospitallMedical/lnfectious. Waste Incinerators"

at 74 Fed. Reg. 51368 (Oct. 6, 2009); SR at 1. Changes inclUde revised emission

standards (more stringent than existing ones) revised waste management plan

provisions (for greater flexibility in demonstrating compliance), and removal of

an existing startup, shutdown, and malfunction provision. Jd

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

Agency reports Illinois currently has only one HMIWI to which the new rules

would apply: the Stericycle, Inc. facility located in Clinton.

Since 1998, Section 27 (b) ofthe Environmental Protection Act has

required the Board to:
2

(1) request that the Department ofCommerce and Economic Opportunity (formerly

the Department of Commerce and Community Affairs) conduct a study ofthe

economic impact of the proposed rules. The Department may within 30 to 45 days

ofsuch request produce a study ofthe economic impact ofthe proposed rules. At a

minimum, the economic impact study shall address a) economic, environmental, and

public health benefits that may be achieved through compliance with the proposed

rules, b) the effects ofthe proposed rules on employment levels, commercial

productivity, the economic growth ofsmall businesses with 100 or less employees,

and the State's overall economy, and c) the cost per unit of pollution reduced and the

variability of company revenues expected to be used to implement the proposed

rules; and

(2) conduct at least one public hearing on the economic impact ofthose rules. At

least 20 days before the hearing, the Board shall notify the public ofthe hearing and

make the economic impact study, or the Department ofCommerce and Economic

Opportunity's explanation for not producing an economic impact study, available to

the public. Such public hearing may be held simultaneously or as a part of any

Board hearing considering such new rules. 415 ILCS 5/27(b) (2008).

Completion ofthis rulemaking is driven by requirements ofthe federal Clean Air

Act (CAA). 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. Section 129(b)(3) ofthe federal Clean Air Act, 42 USC

7429(c), requires USEPA to develop a Federal Implementation Plan (FIP) within two years

offederal rule promulgation i.e. by October 6, 2011. The Agency has asked the Board to

have rulemaking completed so as to allow the Agency to have a SIP revision in USEPA's

offices by October 6, 2011, to avoid imposition ofa FIP.

To that end, the Board has expedited the scheduling of hearings. The Board has

scheduled hearings on this proposal for March 22, 20 I I in Clinton and April 18, 20 I I in

Chicago, and due to budget constraints does not intend to hold a third hearing. Under these

circumstances, the Board asks that you respond to this request as soon as you conveniently

can, but ill any event no later than March 25, 20 I0; this would allow the Board to give the

public the 20-day notice ofthe results of your decision making required by Section 27(b) of

the Act in advance ofthe second hearing on April J8, 20 II.

If I, or any ofmy staff, can provide you with any additional information, please let

me know.
Sincerely,

G. Tanner Girard

cc: John T. Therriault, Assistant Clerk ofthe Board
ILLINOIS POLLUTION CONTROL BOARD

February 1,2011

IN THE MATTER OF:

AMENDMENTS TO 35 ILL. ADM. CODE

PART 229:

HOSPITAUMEDICAUINFECTIOUS

WASTE INCINERATORS

)

)

)

)

)

)

R 11-20

(Rulemaking - Air)

NO.!L

NOTICE OF HEARING

DATES, TIMES, PLACES:

Tuesday, March 22, 2011

9:00a.m.

Dewitt County Building

CourtroomB

201 W. Washington

Clinton, IL

PURPOSE OF HEARING:

ATTENDING BOARD MEMBER:

HEARING OFFICER:

Wednesday, April 20, 2011

11:00 a.m.

JAMES R. THOMPSON CENTER

Room 9-039

100 W. Randolph St.

Chicago, IL

Merit and economic

Carrie Zalewski

Kathleen M. Crowley

HEARING OFFICER ORDER

Procedural History

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

filed a proposal for amendments to the Board's air rules pursuant to the general rulemakings

provisions of Section 27 of the Illinois Environmental Protection Act (Act), 415 ILCS 5/27

(2008) and the Boards procedural rules at 35 Ill. Adm. Code 102.

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

proposal contains amendments to 35 Ill. Adm. Code Part 229 "HospitallMedical/Infectious

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

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

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

Guidelines for Existing Sources: HospitallMedicallInfectious Waste Incinerators" at 74 Fed.

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

In compliance with the Americans With Disabilities Act and other applicable federal and State laws, the hearings will be accessible to individuals

with disabilities. Persons requiring auxiliary aids should contact John T. Therriault, Assistant Clerk of the Board, 100 West Randolph Street,

Suite 11-500, Chicago, lllinois 60601, at telephone number (312) 814-3620, or TDD number (312) 814-6032, at least five days before the

particular hearing.
2

including new source perfonnance standards (NSPS) and emissions guidelines (EO). SR at l.

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

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

of an existing startup, shutdown, and malfunction provision. [d.

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.

In a January 6,2011 order, the Board accepted the proposal for hearing. The Board

reserved ruling on two motions that accompanied the proposal: a motion waiver of copy

submission requirements, and a motion for expedited review (MER). In the MER, TEPA says

that Illinois can avoid a FIP, if Illinois submits a SIP revision to USEPA by October 6, 2011

(MER at 2). In recognition of the Agency's desire for expeditious movement in this proceeding,

the hearing officer has established two hearing dates, after consultation with the Agency, that are

among the earliest available on the Board's crowded spring calendar.

The Hearings

The Board will conduct two hearings in order to allow the proponent and any other

interested participants the opportunity to present testimony on the merits and economic impact of

the rulemaking proposal. At hearing, all persons who testify will be sworn in and subject to

questioning.

As indicated above in the notice of hearings, the first hearing will begin on Tuesday,

March 22, 2010 and will continue until the day's business is completed, but in no event later than

5:00 p.m. The second hearing is scheduled to begin Wednesday, April 20, 2010

and will continue until the day's business is completed, but in no event later than 4:30 p.m.

However, given the hearing officer's present inability to assess the length of these hearings, and

potential participants are advised to arrive in timely fashion.

Pre-Filing Deadlines

Participants who intend to testify must pre-file their testimony and serve the testimony on

the hearing officer and all persons on the Service List. Before filing pre-filed testimony or any

other document with the Clerk, please check for the most recent version of the Service List with

the hearing omcer or the Clerk's Office.

Participants in the first hearing are directed to pre-file all of their testimony and any

related exhibits no later than Tuesday, February 22, 2011. Under Section 27 of the Act (415

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

of the new rules, i.e. by October 6,2010. Section 129(b)(3) of the federal Clean Air Act, 42

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

offederal rule promulgation i.e. by October 6, 2011.
3

ILCS 5/27 (2006», the first hearing is not limited to the testimony of the proponent. But, the

hearing officer presently intends to allow the Agency as proponent to present the testimony of all

of its witnesses before bearing the testimony of other participants. Therefore, any other person

wishing to testify at the first hearing should also pre-file their testimony by February 22,2011.

To further maximize hearing efficiency, participants are requested to review testimony pre-filed

by others, and to pre-file questions concerning that testimony on or before March 8, 2011

Participants wishing to testify at the second hearing are directed to pre-file all of their

testimony and any related exhibits no later than Wednesday, April 4, 2011. Participants are

again requested to review testimony pre-filed by others, and to pre-file questions concerning that

testimony on or before April 18, 2011.

The "mailbox rule" at 35 Ill. Adm. Code 101.300(b)(2) does not apply to the filing of this

pre-fIled testimony, and the Board's Clerk must therefore receive these documents before the

close of business on the specified dates. However, pre-filed testimony and other documents

maybe filed electronically though the Clerk's Office On-Line (COOL) from the Board's Web site

at www.ipcb.state.il.us. Any questions about electronic filing through COOL should be directed

to the Clerk's Office at (312) 814-3629.

Order of Hearings

All pre-filed testimony will be entered into the record as if read, unless unanticipated

circumstances dictate otherwise. See 35 Ill. Adm. Code 102.424(f). A brief summary of

testimony will be allowed if a witness wishes to provide one before responding to questions.

Participants who do not pre-file testimony will be allowed to testify as time pennits only after the

conclusion of pre-filed testimony and questions based upon it. Similarly, any participant who

wishes to offer a public comment will be allowed to do so as time permits at the close of prefiled testimony and the questions based upon it. Consequently, any person wishing to testify at

either of the two hearings is urged to pre-file their testimony in order to ensure that they have an

opportunity to testify. In addition, the Board's procedural rules provide that "[t]he Board will

accept written comments from any person concerning the proposed regulations during the first

notice period." 35 Ill. Adm. Code 102.604.

The hearing scheduled to begin on March 22, 2011, will begin with the Agency's

presentation of its case as the proponent. After the Agency has answered all questions from other

participants, and if time permits before the conclusion of the first hearing, other persons who

have pre-fIled may testify. The Board has reserved sufficient time for each hearing and

anticipates that any person who wishes to testify will have an opportunity for testimony and any

cross-examination. In the event that any person who pre-files testimony for the first hearing

cannot testify on March 22, 2011, because time does not allow it, that person will be given

priority to testify on April 20, 2011. Persons who pre-file questions will be given priority in

questioning other participants.

The April 20, 2011 hearing will begin with any testimony from any participant who prefiled testimony for the first hearing and who was not able to testify at that time. Participants who
4

pre-filed testimony for the second hearing will then present that testimony. Persons who pre-file

questions will be given priority in questioning other participants.

Any participant who wishes to offer a public comment at either hearing will be allowed

to do so if time permits at the close of pre-filed testimony and the questions based upon it.

Again, written public comments may be submitted to the Board. See 35 !II. Adm. Code 102.604.

Finally, the hearing officer, upon agreement of the participants or upon motion to the

hearing officer, may change the order of testimony at these hearings. See 35 Ill. Adm. Code

102.420, citing 35 Ill. Adm. Code 101.Subpart F.

Service and Notice Lists

The Board will establish a notice list and a service list for this proceeding. Persons

wishing to be added to either list may contact the Clerk's Office or the hearing officer.

All persons on the notice list will receive notice of Board opinions and orders and hearing

officer orders. 35 Ill. Adm. Code 102.422(a).

Under Section 102.422(b) of the Board's procedural rules,

[t]he hearing officer may establish a service list for any regulatory proceeding, in

addition to the notice list. The hearing officer may direct participants to serve

copies of all documents upon the persons listed on the service list. For

purposes of fast-track rulemakings under Section 28.5 of the Act, participants of

record will be the individuals on the service list. 35 !II. Adm. Code 102.422(b).

In addition to receiving notice of all Board actions and hearing officer orders, persons on the

service list will receive pre-filed testimony and other filings in this proceeding.

The service list is intended for persons such as those who will testify and participate

actively in this rulemaking. Persons on the Service List for this rulemaking receive not only the

Board's opinions and orders but also other filings such as pre-filed testimony and public

comments. But, persons on the service list are also required to serve copies of the filings they

make on other persons on the service list.

Interested persons may now request electronic notice of filings by providing their e-mail

address through COOL under this docket number: RI I-20. This electronic notice includes notice

of the filing of documents that are not typically provided to persons on the Notice List. In

addition, COOL provides links to documents filed with the Board, and those documents can be

viewed, downloaded, and printed free of charge as soon as they are posted to the Board's Web

site. For more information about the option of electronic notice or COOL, consult either the

Board's Web site at www.ipcb.state.il.usorJohnTherriault.theBoard·sAssistantClerk.at

(312) 814-3629.
5

At the close of the second hearing, the hearing officer will set a date by which the record

will close and all public comments must be submitted. See 35 Ill. Adm. Code 102.108. As the

Board is aware that the Agency would appreciate Board decision making as soon as possible, the

post-hearing comment period will not be lengthy unless unanticipated circumstances dictate

otherwise.

IT IS SO ORDERED.

f!a~,~~ Kathleen M. Crowley - , \

Hearing Officer, illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, illinois 60601

(312) 814-6929 crowlek@ipcb.state.il.us
s~

IEPA ATTACHMENT NO._

IlLINOIS POLLUTION CONTROL BOARD

April 20, 2011

IN THE MATTER OF )

)

AMENDMENTS TO 35 lLL. ADM. CODE )

PART 229: )

HOSPITAlJMEDICAlJINFECTIOUS )

WASTE INCINERATORS )

R H-20

(Rulemaki ng - Air)

NOTICE OF HEARING

DATES, TIMES, PLACES:

Wednesday, June 8, 2011

9:00 a.m.

Dewitt County Building

Courtroom B

201 W. Washington

Clinton, lL

PURPOSE OF HEARING:

ATTENDING BOARD MEMBER:

HEARING OFFICER:

Tuesday, June 28, 2011

11:00 a.m.

JAMES R. THOMPSON CENTER

Room 11-512

100 W. Randolph Sl.

Chicago, IL

Merit and economic

Carrie Zalewski

Kathleen M. Crowley

HEARING OFFICER ORDER

Procedural History

In summary, this order reschedules hearing in this matter for June 8 and June 28,2011.

To expedite hearings, attached to the order are questions concerning the previously filed

testimony developed by the Board's Technical Unit.

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

filed a proposal for amendments to the Board's air rules pursuant to the general rulemakings

provisions of Section 27 of the rllinois Environmental Protection Act (Act), 4l5lLCS 5/27

(2008) and the Boards procedural rules a[ 35 Ill. Adm. Code 102.

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

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

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

In complia.nce with the Americans With Disabilities ACI and olher applicable federal and St'l.Ie laws<, the he.nrings will be accessible lO indilliduals

willi disilbililit."'5. Persons requiring Jluxilimy aids should contaCI John T. Therriault, Assistant Clerk or the Boord. 100 West Randolph Sl1Cel,

Suite J I "500. Chicago. Illinois 60601. at telephone number (3J 2) a14--3620, or TOO numbet (312) 814.6032. at leaSt five days berorelhc

p<lrllcUWr hearing.
2

the United States Environmental Protection Agency (USEPA) to federal air quality standard~, I

including new source performance standards (NSPS) and emissions guidelines (EG). SR at l.

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

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

of an existing startup, shutdown, and malfunction provision. [d.

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.

In a January 6, 2011 order, the Board accepted the proposal for hearing. The Board

reserved ruling on two motions that accompanied the proposal: a motion waiver of copy

subntission requirements, and a motion for expedited review (MER). In the MER, IEPA says

that Illinois can avoid a FIP, if Illinois submits a SIP revision to USEPA by October 6,2011

(MER at 2). In recognition of the Agency's desire for expeditious movement in this proceeding,

the hearing officer has established two hearing dates, after consultation with the Agency, that are

among the earliest available on the Board's crowded spring calendar.

By order of February 1,2011, hearing dates were set of March 22, 2011 and April 20, 2011.

Consistent with the hearing officer order, the Agency pre-filed testimony on February 18 and

Stericycle pre-filed testimony on February 22, 2011. But, due to an error in the office of the

Board's Clerk, timely newspaper notice of these hearings was not properly provided as required by

the Act and the federal Clean Air Act, so they were cancelled.

The rescheduled hearing dates are June 8 and June 28,2011.

The Hearings

The Board will conduct two hearings in order to allow the proponent and any other

interested participants the opportunity to present testimony on the merits and economic impact of

the rulemaking proposal. At hearing, all persons who testify will be sworn in and subject to

questioning. See, generally, the Board's procedural rules for rulemaking at 35 TIL Adm. Code

102.

As indicated above in the notice of hearings, the first hearing will begin on Wednesday,

June 8, 2011 and will continue until the day's business is completed, but in no event later than

5:00 p.m. The second hearing is scheduled to begin Tuesday, June 28, 2011, and will continue

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

Guidelines for Existing Sources: HospitallMedical/1nfectious 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 of the date of USEPA promulgation

of the new rules, i.e. by October 6,2010. Section 129(b)(3) of the federal Clean Air Act, 42

USC7429(c), n~(juires USEPA to develop a Federal Implementation Plan (FIP) within two years

of federal rule promulgation i.e. by October 6,2011.
3

until the day's business is completed, but in no event later than 4:30 p,m, As always, given the

hearing officer's present inability to assess the length of these hearings, any potential participants

are advised to arrive in timely fashion,

Unless driven by statutory due dates, the Board typicaIJy prefers to hold one or more

hearings on a proposal before issuing a first notice opinion and order for publication in the

Illinois Register to begin the rulemaking process under the Illinois Administrative Procedure

Act. Cancellation of the first set of hearings has narrowed the Board's options. But, the hearing

officer notes that the Board could still timely adopt rules on the schedule preferred by the Agency if

the Board adopts a first notice proposal no later than the Board meeting scheduled for June 16,

2011.

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

without commenting on the merits of the proposal in advance of any hearings. But, given

Stericycle's prefiled testimony concerning the proposed compliance dates, Board action in advance

of hearing could be misconstrued as prejudgment on the merits of the proposal without allowing

Stericycle to be heard.

Under these circumstances, it would be most helpful if the June 8 hearing could develop a

record for Board deliberation that makes clear any agreements or disagreements the Agency and

Stericycle have concerning the other's respective positions on the proposal. So, Board staff has

taken steps to encourage the participants to refine their thinking concerning the Agency's proposal

and StericycJe's testimony concerning the proposed compliance dates. Attached to this order are

questions concerning the previously-filed testimony, which this order requests that the Agency and

Stericyle respond to in writing In advance of hearing, on or before May 23, 2011.

Pre-Filing Deadlines

Participants who intend to testify must pre-file their testimony and serve the testimony on

the hearing officer and all persons on the Service List. Before filing pre-filed testimony or any

other document with the Clerk, please check for the most recent version of the Service List with

the hearing officer or the Clerk's Office.

Except for the Agency and Stericycle (who have previously pre-filed testimony), any

persons wishing to testify at the first hearing are directed to pre-file all of their testimony and any

related exhibits no later than Monday, May 23, 2011. Under Section 27 of the Act (415 ILCS

5/27 (2006)), the first hearing is not limited to the testimony of the proponent. But, the hearing

officer presently intends to allow the Agency as proponent to present the testimony of all of its

witnesses before hearing the testimony of other participants. To further maximize hearing

efficiency, all participants are requested to review testimony pre-filed by others.

The Agency and Stericycle are directed to consider the questions appended to this

hearing officer order, and to pre-file answers to these questions on or before May 23, 2011.

Except for the Agency and Stericycle, participants Wishing to testify at the second

hearing are directed to pre-file all of their testimony and any related exhibits no later than
4

Monday, June 14, 2011. Participants are again requested to review testimony pre~filed by others

in advance of hearing. As to the Agency and StericycJe, any prefiJing deadlines for the second

hearing wiJJ be discussed during the June 8 hearing.

The "mailbox rule" at 35 [1]. Adm. Code 101.300(b)(2) does not apply to the filing of thIs

pre~filed testimony, and the Board's Clerk must therefore receive these documents before the

close of business on the specIfied dates. However, pre~filed testimony and other documents may

be filed electronically though the Clerk's Office On-Line (COOL) from the Board's Web site at

www.ipcb.state.il.us. Any questions about electronic filing through COOL should be directed to

the Clerk's Office at (312) 8l4~3629.

Order of Hearings

All pre-filed testimony will be entered into the record as if read, unless unanticipated

circumstances dictate otherwise. See 35 111. Adm. Code 102.424(f). A brief summary of

testimony will be allowed if a witness wishes to provide one before responding to questions.

Participants who do not pre~file testimony will be allowed to testify as time permits only after the

conclusIon of pre-filed testimony and questions based upon it. Similarly, any participant who

wishes to offer a public comment will be allowed to do so as time pemllts at the close of prefiled testimony and the questions based upon it. Consequently, any person wishing to testify at

either of the two hearings is urged to pre-file their testimony in order to ensure that they have an

opportunity to testify. In addition, the Board's procedural rules provide that "[t]he Board will

accept written comments from any person concerning the proposed regulations during the first

notice period." 35 111. Adm. Code 102.604.

The hearing scheduled to begin on June 8, 2011, will begin with the Agency's

presentation of its case as the proponent. After the Agency has answered all questions from other

participants, Stericycle may present its testimony. If time permits before the conclusion of the

first hearing, other persons who have pre-filed may testify. The Board has reserved sufficient

time for each hearing and anticipates that any person who wishes to testify will have an

opportunity for testimony and any cross-examination. In the event that any person who pre-files

testimony for the first hearing cannot testify on June 8, 2011, because time does not allow it, that

person will be given priority to testify on June 28, 2011. Persons who pre-file questions will be

gi ven priority in questioning other participants.

The June 28, 2011 hearing will begin with any testimony from any participant who prefiled testimony for the first hearing and who was not able to testify at that time. Participants who

pre-filed testimony for the second hearing will then present that testimony. Persons who pre-file

questions will be given priority in questioning other participants.

Any participant who wishes to offer a public comment at either hearing will be allowed

to do so if time permits at the close of pre-filed testimony and the questions based upon it.

Again, written public comments may be submitted to the Board. See 35111. Adm. Code 102.604.
5

Finally, the hearing officer, upon agreement of the participants or upon motion to the

hearing officer, may change the order of testimony at these hearings. See 35 III. Adm. Code

102.420, citing 35 III. Adm. Code 101.Subpart F.

Service and Notice Lisls

The Board wi1l establish a notice list and a service list for this proceeding. Persons

wishing to be added to either list may contact the Clerk's Office or the hearing officer.

All persons on the notice list will receive notice of Board opinions and orders and hearing

officer orders. 35 111. Adm. Code 102.422(a).

Under Section 102A22(b) of the Board's procedural rules,

[t]he healing officer may establish a service list for any regulatory proceeding, in

addition to the notice list. The hearing officer may direct participants to serve

copies of all documents upon the persons listed on the service list. For

purposes of fast-track rulemakings under Section 28.5 of the Act, participants of

record will be the individuals on the service list. 35 ill. Adm. Code 102.422(b).

In addition to receiving notice of all Board actions and hearing officer orders, persons on the

service list will receive pre-filed testimony and other filings in this proceeding.

The service list is intended for persons such as those who will testify and participate

actively in this rulemaking. Persons on the Service List for this rulemaking receive not only the

Board's opinions and orders but also other filings such as pre-filed testimony and public

comments. But, persons on the service list are also required to serve copies of the filings they

make on other persons on the service list.

Interested persons may now request electronic notice of filings by providing their e-mail

address through COOL under this docket number: R11-20. This electronic notice includes notice

of the filing of documents that are not typically provided to persons on the Notice List. In

addition, COOL provides links to documents filed with the Board, and those documents can be

viewed, downloaded, and printed free of charge as soon as they are posted to the Board's Web

site. For more information about the option of electronic notice or COOL, consult either the

Board's Web site at www.ipcb.state.il.usorJohnTherriault.theBoard·sAssistantClerk.at

(312) 814-3629.

At the close of the second hearing, the hearing officer will set a date by which the record

will close and all public comments must be submItted. See 3S Ill. Adm. Code 102.108. As the

Board is aware that the Agency would appreciate Board decision making as soon as possible, the

post-hearing comment period will not be lengthy unless unanticipated circumstances dictate

otherwise.

IT IS SO ORDERED
6

Kathleen M. Crowley

Hearing Officer, D1inois PollutIOn Control Board

lOa West Randolph Street, Suite 11-500

Chicago, Dlinois 60601

(312) 814-6929 crowlek@ipcb.state.il.us
7

ATTACHMENT A

Board Staff Questions

Although the questions below are directed to specific participants, anyone is free to address any

of the questions posed below:

Questions for IEPA

1. Section 229.102 Definitions

In the definition of "Commercial HMlWr', please clarify whether the term "unrelated"

means "not owned or operated by the owner of the HMIWr'.

The definitions of the terms "Minimum reagent flow rate" and "Minimum secondary

chamber temperature" require demonstration of compliance with the applicable emission

limits, including the limit for nitrogen oxide (NO,). Would it be acceptable to the

Agency if a cross reference to the emissions limit of Subpart E of Part 229 is added to

both the definitions?

2. Section 229.104 Incorporations by Reference

!EPA has requested a waiver for filing copies of the items proposed to be incorporated by

reference in Section 229.104. (The Board has yet to rule on the motion for waiver.)

Although IEPA provided an original of the items in proposed Section 229.104(h) and (i),

JEPA did not file originals of proposed Section 229.l04(f), (g), and 0). Since the latter

are not items that need to be purchased, the Agency is requested to please provide one

original of each so that the record reflects the version that appears as of the date of the

proposal.

Rules incorporating materials by reference must also include the name and address of the

entity/organization from which a copy of the material may be obtained by interested

persons. The Agency is requested to please provide the relevant information for the

materials proposed to be incorporated by reference at Sections 229.104 (h), (i) and (j).

3. Section 229.110 General Applicability

The proposed subsection (a) sets forth the applicability requirements that cover HMIWls

for which construction commenced before December I, 2008, or for which modifications

commenced before April 6, 2010. The Agency is requested to please clarify whether

HMIWIs for which construction commenced after December I, 2008, or for which

modification commenced after April 6, 2010 are subject to the New Source Performance

Standards (NSPS) for HMIWIs under 40 CFR § 60 Subpart Ec. If so, would it be

acceptable to the Agency to add a new subsection (a)(3) reflecting the applicability of the

NSPS to HMlWIs beyond the dates specified in subsection (a)(2).
8

The proposed subsection (h) appears to have a typographical error. The Agency is

requested to clarify whether the proposed cross reference to the emission limits under

Section 229.l25(e) should be actually Section 229.125(c).

4. Section 229.115 Compliance Schedules for HMIWIs that will Continue to Operate

(a) Stericycle submitted an alternate proposal under 229.l15(b), basically suggesting

different dates for the increments of progress. Are these dates acceptable to the

Agency? If not, the Agency is requested to please explain why not. If possible,

the Agency is further requested to propose an alternate timeline for Stericycle's

consideration. (The hearing officer notes that the Agency and Stericycle remain

free to discuss this matter between themselves in advance of hearing, and are

encouraged to present any mutually acceptable alternative timelines at or before

hearing on June 8, 2011.)

(b) Would it be acceptable to the Agency if the term "paragraph" is replaced by the

term "subsection" (as the Joint Committee on Administrative Rules may require)

in the proposed subsections (b)(I) and (b)(2).

5, Section 229.116 Compliance Schedules for HMIWIs that will Shut Down

Under Section 229.116, is there an opportunity for HMIWls pursuing the extended

compliance timeframe with a deadline of October 6,2014 (proposed 35 lAC 229.115(b)

to decide to shut down at a dater later than January 1, 2014?

If so, should the rules include a provision under Sections 229.1l5(b)(3) and 229.116(b) to

recognize a later date than January 1,2014 for those HMTWls pursuing the extended

compliance timeframe under Section 229.115(b)(2), as suggested below?

Possible language (the Agency is encouraged to suggest alternate language ifthe

following is not acceptable):

Section 229.115(b)(3)

ill Any owner or operator of an HMIWI that fails to demonstrate

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

the HMIWI until compliance with the provisions of this Part is

achieved; or

(B) Any owner or operator of an HMIWI pursuing the extended

compliance timeframe under subsection (b)(2) of this Section that

chooses to [}ermanently shut down the HMIWI will comply with

the requirements of Section 229.116.

Section 229.116(b)

Take the following affirmative steps to demonstrate that the HMIWI has

been rendered permanently inoperable by September 15, 2000, for an

HMIWI as defined in Section 229.11O(a)([), or by January 2, 2014 for an
9

HMlWl as defined in Section 229.11O(a)(1) and (a)(2) of this Part, or by

October 6, 2014 for an HMIWI pursuing the extended compliance

timeframe pursuant to Section 229.115Cb)(2).

6. Section 229.120 CAAPP Permit Requirements

Section 229.1 15(b)(2) allows for extending the deadline for compliance with Part 229

requirements from January 1, 2014 to October 6, 2014 if certain conditions are met. The

proposed Section 229.120(a)(2) requires compliance with the permit requirements by

January 1,2014, but does not provide for the extended compliance deadline of October 6.

2014 under Section 229.1l5(b)(2). The Agency's proposal includes several provisions in

other sections of the rules that prescribe the January 1.2014 deadline without accounting

for the extended compliance deadline of October 6.2014. Please comment on whether

the following requirements should be amended, as suggested, to recognize the extended

deadline under Section 229.1 15(b)(2):

Section 229.120Ca)(2)

By January I, 2014, except as provided for in Section 229.115(b)(2)(A)

of this Part, for an HMIWI as defined in Section 229.11O(a)(1) or (a)(2)

of this Part.

Section 229. I25(c)

On or after January 1,2014, except as provided for in Section

229.11S(b)(2), each owner or operator of a small, medium, or large

HMlWl as defined in Section 229.11O(a)(I) and (a)(2) of this Part...

Section 229.126(c)

On or after January 1, 2014, except as provided for in Section

229. l1S(b)(2), a rural HMIWI, ...

Section 229.162(e) and CD

On or after January 1, 2014, except as provided for in Section

229.115(b)(2),the owner or operator...

Section 229.166(a)(2)

On or after January 1,2014, except as provided for in Section

229.115(b)(2),for a small, medium or largeHMlWI, ."

Section 229. I68(a)(2)

On Or after January 1,2014, except as provided for in Section

229.llS(b)(2),for a rural HMlWI, ...

Section 229. 184Cb)(2)

On or after January 1,2014, except as provided for in Section

229.115(b)(2),the test data and values...
10

,$_~<:tion 229184(c)(2)

By January I, 2014, except as provided for in Section 229.115(b)(2), and by

January I of each year thereafter,

Section 229. I84(c)(3)(B)

On or after January 1,2014, except as provided for in Section 229.115(b)(2), the

values for site-specific ...

7. ~ction 229.126 Emissions Limits for Rural HMIWIs

Should Section 229.126(c) and (e) also apply to rural HMI\Vls as defined in Section

229.110(a)(2)1

Possible language (the Agency is encouraged to suggest alternate language ifthe

following is not acceptable):

Section 229.l26(c): On or after January 1,2014, except as provided for

in Section 229.115(b)(2), a rural HMIWI, as defined in Section

229.IIO(a)(I) and (a)(2) shall comply with ...

Section 229. 126(e): ... no owner or operator of a rural HJvlTWI, as

defined in Section 229.11O(a)(1) and (a)(2) of this Part...

8. Section 229.146 Annual Testing for Opacity

Proposed Section 229. 146(a) and (b) do not specify "Before January 1,2014" and "On

and after January 2,2014" as in proposed Section 229.148(a)(I) and (2). Should an

initial timeframe be specified to indicate that HMIWls subject to emissions limits under

Section 229.125(c) do not need to comply with the opacity test schedule until "On or

after January 1,2014"1

9. Section 229.150 Compliance with Operating Parameter Values

Section 229.150(a) states, "... an HJvlTWI...shall not operate above any of the applicable

maximum or below any of the applicable minimum operating parameter values specified

in Appendix B of this Part." Appendix B does not actually appear to list "operating

parameter values", but rather "Operating Parameters to be Monitored... " Would you

please comment on a possible clarification ofthis section since no actual minimum or

maximum values are listed in Appendix B?

Should Section 229.150(a) reference proposed Section 229.152(b) for instances where

applicable operating parameter values are not specified in Appendix B of this Part 229?

Possible language:

Section 229. 150(a) ... an HJvlTWL .shall not operate above any of the

applicable maximum or below any of the applicable minimum operating

parameter values specified in Appendix B of the Part, except as provided

for in Section 229.152(b).
11

10. Section 229.160 Compliance Requirements for Rural HMlWls

For the benefit of the record, would you please explain how "Operating parameter limits

do not apply during performance tests" (proposed Section 229. 160(c», yet "Operation

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

determined during the initial performance test shall constitute a violation of the

established operating parameter(s)" (Proposed Section 229.160(d))? Similar wording

appears at proposed Section 229.150(d).

Question for Stericycle, Inc.

1. Section 229.184 Reporting Requirements

Stericycle's prefiled testimony provides an alternative proposal for the compliance

schedule proposed by the IEPA in Section 229.115(b)(2)(B)(i) - (v) for HMIWI.

Stericycle's proposed date to complete the initial performance test [Section

229.115(b)«(2)(B)(v)] is "August 2, 2014". Stericycle is requested to please clarify

whether the reponing requirements deadline of January 1, 2014 under Section

229.184(c)(2) needs to account for the extended compliance timeframe of 229.1 15(b)(2).

Ifso, Stericyc1e is requested to please suggest an alternate date of compliance for

reporting requirements.
12

CERTIFICATE OF SERVICE

It is hereby certified that true copies of the foregoing order were mailed, first class, on

April 20,

2011. to each of the persons on the attached service list.

It is also hereby certified that a true copy of the foregoing order was hand delivered to the

following on April 20.201 l:

John T. Therriault

minois Pollution Control Board

James R. Thompson Center

100 W. Randolph St, Ste. 11-500

Chicago, IL 60601

Kathleen M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 W. Randolph St. Ste. 11-500

Chicago, IL 60601
Rl1-20 Notice List 4/20111

Charles E. Matoesian

Assistant Counsel

IEPA

1021 N. Grand Avenue East

P.O. BOX 19276

Springfield, lL 62794-9276

Matthew J. Dunn

Office of the Attorney General

69 W. Washington St, Suite 1800

Chicago, lL 60602

Jonathan Furr

Chief Legal Counsel

IDNR

524 S. Second St.

Springfield, lL 62701-1787

Selin Hoboy

Vice President, Legislative & Regulatory Affairs

Stericycle, Inc.

Suite 200 BMP#105

Denver. CO 80209

Wade Van Zee

Stericycle, Inc.

5815 Weldon Springs Rd.

Clinton, lL 61727

13
IEPA ATTACHMENT NO._£

Dir(';0 () r •...•...................... PrJI Ouinl1, GovernGr '" W(lrren Rib

May 5, 2011

Dear Chairman Girard:

Mr. G. Tanner Girard

Acting Chairman

Illinois PolIution Control Board

1021 North Grand Ave. East

Springfield, lL 62794-9274

RECEIVED

CLERK'S OFFICE

MAy' 232011

STATE OF ILLINOIS

Pollution Control Board

I am in receipt of your request that the Department of Commerce and Economic Opportunity

(hereafter "Department") do an economic impact study, pursuant to 415 ILCS 5/27(b), on a

proposal entitled Amendments to 35 IlL Adm. Code Part 229: HospitallMedical/lnfectious

Waste Incinerators, Rll-20.

At this time, the Department is unable to undertake such an economic impact study. Therefore, I

must respectfully decline your request.

Sincerely,

WarreniJ~~ Ribley --

Director

500 to,1 Montt)t)

Springfield, Wll10il 62701·1643

217/181)\00 • TOO 800/185·6055

2309 We~J Moin, Suile 118

MiJrion, l!iirJois 62959·11 80

618/99),4394 • 100.800/78\6055
IEPA ATTACHMENT NO. _

,.

•

••

••••• Protecting People. Reducing Risk:

May 23,2011

Illinois Pollution Control Board

Attn: Kathleen Crowley, Hearing Officer

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

RE: Stericycle, Inc. Response to April 20, 2011 Hearing Officer Order and

Coordination with IEPA regarding Amendments to 35 iii. Adm. Code Part 229,

HMIWI

Dear Hearing Officer,

Stericycle, Inc. (Stericycle) owns and operates a hospitallmedicallinfectious waste incineration

facility located in Clinton, Illinois. Stericycle is subject to the Illinois regulations (35 111. Adm.

Code Part 229 HospitallMedicallInfectious Waste Incinerators) that were developed to comply

with the US EPA "Emission Guidelines for Existing Hospital, Medical and InfectiOUS Waste

Incinerators (HMlWl)" (40 CFR Part 60, Subpart Ce).

In order to provide comments on 35 TIl. Adm. Code Part 229, Stericycle provided pre-filed

testimony to the lllinois Pollution Control Board on February 22, 2011. The Illinois Pollution

Control Board, in an April 20, 2011 Hearing Officer Order, requested that Stericycle respond in

writing in advance of hearing, on or before May 23, 2011. Stericycle understands that public

hearings have been rescheduled for June 8, 2011 and June 28, 2011.

The board asked Stericycle to address the following related to Section 229.184, Reporting

Requirements:

Stericycle's pre-filed testimony provides an alternative proposal for the compliance

scheduled proposed by IEPA in Section 229. Jl5(b)(2)(B)(i) - (v) for HMIWI.

Stericycle's proposed date to complete the initial performance test [Section

229.Jl5(b)(2)(B)(v)] is "August 2, 20/4." Stericycle is requested to please clarify

whether the reporting requirements deadline of January I, 2014 under Section

229.J84(c)(2) needs to account for the extended compliance timeframe of 229. Jl5(b)(2).

If so, Stericycle is requested to please suggest an alternate data of compliance for

reporting requirements. [Stericycle comment: Based on our discussions with the IEPA,

we understand that these dates will be adjusted accordingly per the original pre-filed

testimony by Stericycle.]

Additionally, the board encouraged the Agency (or the Illinois Environmental Protection

Agency, or IEPA) and Stericycle to consider the IEPA's proposed rule and Stericycle's

previously filed testimony concerning the proposed compliance dates.
Illinois Pollution Control Board

Kathleen Crowley, Hearing Officer

Page 2 of 3

At the board's recommendation, !EPA, Stericycle, and AIl4 Inc. discussed the following topics

via phone conversations and emails. Specifically, on May 13,2011, Stericycle's Selin Hoboy

and Jim Nold and !EPA's Dixon Nwaji and Charles Matoesian held a conference call. On May

17, 201 I !EPA's Dixon Nwaji followed up with a subsequent question via email and on May 18,

2011, Stericycle's Jim Nold, ALL4's Kristin Gordon and !EPA's Dixon Nwaji held a conference

call. The conclusions of the discussions are as follows:

I. Stericycle and !EPA discussed Stericycle's proposcd extended compliance timeframe and

are recommending a revised schedule, which is provided in the table below for reference:

Increments of progress Stericycle

Prooosed Date

Stericycle will submit Construction Permit Application January 1,2012

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

control eauioment, orocess modification or control svstems

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

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Completc either the process modifications or the September 1,2013

installation or construction of the new air pollution control

equipment

iv) Final Compliance ,,) June 21, 2014

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

Section 229.142 of this Part (b)

(,) As part of Final Compliance, Stericycle will complete shakedown actiVities

including an evaluation of the APC system. The APC evaluation will require

engineering evaluations to confirm proper system operation and the ability to

demonstrate compliance with the new limits over a variety of operating conditions

and waste feed scenarios. Actual shakedown of the HMIWI with retrofit APC will

include lining up APC vendors and a possible testing company for engineering

data, performing engineering evaluations, analyzing data, and possibly reevaluating or making minor system adjustments, as necessary, to demonstrate

future compliance. This is especially true with the very low emission limits

associated with the new rule. Reliable compliance with these limits will likely

require a lengthy shakedown period. As a result, Stericycle must plan for

contingency time to perform the shakedown of the new equipment at the Clinton

facility in advance of conducting the Initial Performance Test. Per discussions with

!EPA, to be in "Final Compliance" means to incorporate all process changes or

complete retrofit construction in accordance with the final control plan and to

connect the air pollution control changes or process changes such that, if the

HMIWI is brought on line, all necessary process changes or air pollution control

equipment will operate as designed.

(b) Upon successful shakedown and Final Compliance, Stericycle will conduct the

initial performance testing. Actual testing of the HMIWI with retrofit APC will

include developing a test protocol, scheduling a testing company, submitting the

protocol to !EPA for approval, performing the compliance test, receiving the test

results, and submitting the test results to lEPA to demonstrate compliance with the
lIlinois Pollution Control Board

Kathleen Crowley, Hearing Officer

Page 3 of 3

new emission limits, On or after the date on which the initial performance test is

completed or is required to be completed, whichever date comes first, Sterieycle

shall not cause to be discharged to the atmosphere any gases that contain stack

emissions in excess of the limits presented in Section 229,125 (c),

2, Stericycle will submit written documentation to !EPA to confinn that each of the above

increments of progress are satisfied per agreed upon timelines and procedures as

detennined in the Construction Pennit Application process,

3, Stericycle will submit a construction pennit application to !EPA no later than January I,

2012 which will address the retrofit activities that Stericycle will perfonn in order to

demonstrate compliance with the Section 229, I25(c) emission limits,

4, Stericycle will continue to comply with the recordkeeping and reporting requirements of

Stericycle's current CAAPP, Once the CAAPP is revised to incorporate the retrofit

activities, which will be pennitted initially via the construction pennit process, Stericycle

will meet the revised recordkeeping and reporting requirements, By complying with

their CAAPP, Stericycle will meet the intent of Section 229, 184(c), Stericycle also

understands that !EPA will remove the January 1, 2014 dates associated with Section

229, I 84(c), Stericycle believes that this discussion and approach; that !EPA and

Stericycle have agreed to, serves as an appropriate response to the Board's question to

Stericycle regarding Section 229,184,

Thank you for your consideration of Stericycle's response, Stericycle looks forward to working

with the Illinois Pollution Control Board and !EPA as 35 111. Adm, Code Part 229 is finalized,

Should you have any questions in the interim, please do not hesitate to contact me at

shoboy@stericyc!e,com or 847-943-6685,

Sincerely,

Stericycle, Inc.

Selin Hoboy

VP - Legislative and Regulatory Affairs

Cc: Rick Gabey, Stericycle

Jim Nold, Stericycle

Wade Van Zee, Stericycle

Kristin GordonlWilliam Straub, All4 Inc,
IEPA ATTACHMENT NO, '8

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

l~ JR/GINAL

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITAL/MEDICAL/INFECTIOUS )

WASTE INCINERATORS )

)

)

NOTICE

TO:

Rl1-20

(Rulemaking - Air)

52011

""':lIIIJtion OF IlL/NO'''' ., Control~

John Therriault, Clerk

Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Mitchell Cohen

ChiefLegal Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

WadeVanZee

Stericycle, Inc.

5815 Weldon Springs Rd.

Clinton, IL 61727

Matthew J. Dunn, Chief

Environmental

Enforcement/Asbestos

Litigation Division

Illinois Attorney General's Office

69 West Washington Street, 18th

Floor

Chicago,IL 60602

Selin Hoboy

Vice President, Legislative &

Regulatory Affairs, Stericycle, Inc.

Suite 200 BMP105

Denver, CO 80209

Kathleen M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

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

Board the ILLINOIS EPA ANSWERS AND FIRST ERRATA TO QUESTIONS

REGARDING HOSPITALIMEDICAL/INFECTIOUS WASTE INCINERATORS ofthe

Illinois Environmental Protection Agency a copy ofwhich is herewith served upon you,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY
DATED: May 23, 2011

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

By:

Charles E. Matoesian

Assistant Counsel

Division ofLegal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITAL/MEDICAL/INFECTIOUS )

WASTE INCINERATORS )

)

)

Rll-20

(Rulemaking - Air)

ILLINOIS EPA ANSWERS AND FIRST ERRATA TO QUESTIONS REGARDING

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS

NOW COMES Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA" or "Agency"), by its attorney, Charles E. Matoesian, and files this response to the

questions ofthe Illinois Pollution Control Board's ("Board") attached to the Hearing Officer's

Order ofApril 20, 2011.

1. Section 229.102 Definitions

IPCB: (a) In the definition of "Commercial HMIWI", please clarify whether the term

"umelated" means "not owned or operated by the owner ofthe HMIWI".

IEPA: The definition of" Commercial HMIWI" is as provided in the Emissions

Guidelines. The USEPA did not define the term "unrelated" in the amended

NSPS\Emissions Guidelinesfor HMIWls. We interpret the term, for example, as

in a situation where the firm that owns the HMIWI and the firm that generated the

waste offiite. are not owned or operated by the same parent company.

IPCB: (b) The definitions ofthe terms "Minimum reagent flow rate" and "Minimum

secondary chamber temperature" require demonstration of compliance with the

applicable emission limits, including the limit for nitrogen oxide (NO,) Would it

be acceptable to the Agency if a cross reference to the emissions limit of Subpart

E of Part 229 is added to both the definitions?

IEPA: A cross reference has been added to the definitions ofthe terms "Minimum

reagentflow rate" and "Minimum secondary chamber temperature".

1
"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 secondary chamber temperature" means 90 percent ofthe highest 3-hour average

secondary chamber temperature (taken, at a minimum, once every minute) measured during the

most recent performance test demonstrating compliance with the PM, CO, dioxin/furan, and

applicable NOX emissions limits specified in Subpart E ofthis Part.

Section 229.104 Incorporations by Reference

lPCB: IEP A has requested a waiver for filing copies ofthe items proposed to be

incorporated by reference in Section 229.104. (The Board has yet to rule on the

motion for waiver.)

Although IEPA provided an original ofthe items in proposed Section 229.1 04(h)

and (i), IEPA did not file originals ofproposed Section 229.104(f), (g), and 0).

Since the latter are not items that need to be purchased, the Agency is requested to

please provide one original of each so that the record reflects the version that

appears as ofthe date ofthe proposal.

Rules incorporating materials by reference must also include the name and

address ofthe entity/organization from which a copy ofthe material may be

obtained by interested persons. The Agency is requested to please provide the

relevant information for the materials proposed to be incorporated by reference at

Sections 229.104 (h), (i) and (j).

IEPA:

The address for ASTM is:

ASTM International

100 Barr Harbor Drive

POBoxC70

West Conshohocken, PA, 19428-2959 USA

The address for ANSI is:

Mailing Address:

ANSI Attn: Customer Service Department

25 W 43rd Street, 4th Floor

New York, NY, 10036

2
The following is the ANSI Customer Service contact information:

E-mail: in fo(a)ansi .0["((

Phone: 212.642.4980

Fax: 212.302.1286

Attached to the original copy (only) are the hardcopies ofthe materials requested.

3. Section 229.11 0 General Applicability

ICPB: (a) The proposed subsection (a) sets forth the applicability requirements that

cover HMIWIs for which construction commenced before December 1,2008, or

for which modifications commenced before April 6,2010. The Agency is

requested to please clarify whether HMIWls for which construction commenced

after December I, 2008, or for which modification commenced after April 6, 2010

are subject to the New Source Performance Standards (NSPS) for HMIWIs under

40 CFR § 60 Subpart Ec. Ifso, would it be acceptable to the Agency to add a new

subsection (a)(3) reflecting the applicability ofthe NSPS to HMIWIs beyond the

dates specified in subsection (a)(2).

IEPA: HMIWlsfor which construction commenced after December 1, 2008, orfor which

modification commenced after April 6, 2010 are subject to the New Source

Peiformance Standards (NSPS) under 40 CFR Part 60, Subpart Ec, and are

exemptfrom Part 229 requirements as specified under Section 229.112.

Owners or operators ofHM1WIs that are potentially subject to Subpart Ec

requirements are encouraged to review the applicability requirements described

under 40 CFR 60.50c(a) and (m) to determine iftheir units are subject to NSPS

requirements.

IPCB: (b) The proposed subsection (h) appears to have a typographical error. The

Agency is requested to clarify whether the proposed cross reference to the

emission limits under Section 229.125(e) should be actually Section 229.125(c).

IEPA: The IEPA submits the following amendment to Section229.110(h):

h) On and after January 1, 2014, each owner and operator of an HMIWI as

defined in subsection 229.110 (a)(2) ofthis subpart is no longer subject to

the provisions under New Source Performance Standards for

Hospital/MedicallInfectious Waste Incinerators (40 CFR 60, Subpart Ec),

but is subject to the emissions limits under Section 229.125~He1 or

Section 229.126(c), and shall comply with all the applicable provisions of

this Part.

3
4. Section 229.115 Compliance Schedules for HMIWls that will Continue to Operate

IPCB: (a) Stericyc1e submitted an alternate proposal under 229.115(b), basically

suggesting different dates for the increments ofprogress. Are these dates

acceptable to the Agency? Ifnot, the Agency is requested to please explain why

not. If possible, the Agency is further requested to propose an alternate timeline

for Stericycle's consideration. (The hearing officer notes that the Agency and

Stericycle remain free to discuss this matter between themselves in advance of

hearing, and are encouraged to present any mutually acceptable alternative

timelines at or before hearing on June 8, 2011.)

IEPA: Stericycle has not responded to our last email concerning this date. Accordingly.

the Illinois EPA is keeping February 1,2014 as the final compliance date as

Stericycle indicated in their February 18, 2011, filing with the Board.

IPCB: (b) Would it be acceptable to the Agency ifthe term "paragraph" is replaced

by the term "subsection" (as the Joint Committee on Administrative Rules may

require) in the proposed subsections (b)(I) and (b)(2).

IEPA: The Illinois EPA proposes amending subsections 229. 115(b)(1) and (b)(2) to read

asfollows:

1) Except as provided in subsection 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.

Except as provided in subsection paragraph (3) ofthis subsection, the

owner or operator of an HMIWI may have until October 6, 2014, to

comply with this Part. To avail themselves ofthis extended compliance

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

following:

Section 229.116 Compliance Schedules for HMIWls that will Shut Down

IPCB: Under Section 229.116, is there an opportunity for HMIWls pursuing the

extended compliance timeframe with a deadline ofOctober 6, 2014 (proposed 35 lAC

229.115(b) to decide to shut down at a dater later than January I, 2014?

Ifso, should the rules include a provision under Sections 229.115(b)(3) and 229.Il6(b) to

recognize a later date than January 1,2014 for those HMIWIs pursuing the extended

compliance timeframe under Section 229.115(b )(2), as suggested below?

4
IEPA: Any HMIWI unit that is granted compliance extension but later decides to shut

down must do so no later the final compliance date as specified in the increments

ofprogress to avoid enforcement action. Since the unit is shutting down, not

retrofitting, the owner or operator must submit a request to have the increments

ofprogress revised.

6. Section 229.120 CAAPP Permit Requirements

IPBC: Section 229.115(b)(2) allows for extending the deadline for compliance with Part

229 requirements from January 1,2014 to October 6,2014 if certain conditions are met.

The proposed Section 229. 120(a)(2) requires compliance with the permit requirements

by January 1,2014, but does not provide for the extended compliance deadline ofOctober

6,2014 under Section 229.l15(b)(2). The Agency's proposal includes several provisions

in other sections ofthe rules that prescribe the January 1,2014 deadline without

accounting for the extended compliance deadline ofOctober 6,2014. Please comment on

whether the following requirements should be amended, as suggested, to recognize the

extended deadline under Section 229.1 15(b )(2):

IEPA: No changes are needed to existing requirements timeline.

The purpose ofa compliance extension is to allowfor additional time for

compliance demonstration by OWners or operators ofHMIWl units that need to

construct, reconstruct equipment orfor process modification in order to achieve

compliance. The issuance ofa compliance extension to an HMIWI unit does not

preclude its owner or operatorfrom continuing to comply with applicable existing

Part 229 requirements while the owner or operator takes steps to achievefinal

compliance with amended requirements.

An owner or operator ofan HM1WI unit as defined under Section 229.11O(a)(1)

or (a)(2) that is granted a compliance extension will continue to comply with all

applicable existing Part 229 or HMIWINSPS requirements until the final

compliance date specified in the increments ofprogress. Upon achievingfinal

compliance, the units that were granted compliance extension will start

complying with the applicable amended requirements under Part.

HMIWl units that were not granted, or that did not requestfor compliance

extension are required to comply with all applicable requirements ofthe amended

Part starting January 1, 2014.

7. Section 229.126 Emissions Limits for Rural HMIWls

5
IPCB: Should Section 229, 126(c) and (e) also apply to rural HMIWls as defined in

Section

229.1 1O(a)(2)?

IEPA: Subsections 229,I26(c) and (e) introductory texts have been revised to indicate

applicability ofthese subsections to HMIWls as defined in subsection

229,IIO(a)(2),

c) On and after January 1,2014, except as provided for in Section 229.1 15(b)(2), a

rural HMIWI, as defined in Section 229.1 lO(a)(l) or (a)(2) ofthis Part, shall

comply with the following emissions limits:

***

e) On and after the date on which the initial perfonnance test is completed or

required to be completed under Section 229,142 ofthis Part, whichever date

comes first, no owner or operator of a rural HMIWI, as defined in Section

229,110 (a)(I) or (a)(2) ofthis Part, subject to the emissions limits under

subsection (c) ofthis Section, shall cause to be discharged into the atmosphere

visible emissions of combustion ash from ash conveying system (including

conveyor transfer points), enclosures of ash conveying systems, buildings, or

other sources in excess of 5 percent ofthe observation period of9 minutes per 3-

hour period, according to Method 22, 40 CFR 60, Appendix A, incorporated by

reference at Section 229,104(d) ofthis Part, except as provided by the following

exclusions:

8. Section 229.146 Annual Testing for Opacity

IPCB: Proposed Section 229 ,146( a) and (b) do not specify "Before January 1, 2014"

and "On and after January 2,2014" as in proposed Section 229, 148(a)(l) and (2). Should

an initial timeframe be specified to indicate that HMIWIs subject to emissions limits

under Section 229.125(c) do not need to comply with the opacity test schedule until "On

or after January I, 2014"?

IEPA: A timeline currently exists in Section 229,]4, This timeline gives meaning and

context to the Illinois EPA's wording in Section 229.146(a) and (b).

9. Section 229.150 Compliance with Operating Parameter Values

6
IPCB: Section 229.l50(a) states, " ... an HMTWI ... shall not operate above any ofthe

applicable maximum or below any ofthe applicable minimum operating

parameter values specified in Appendix B ofthis Part." Appendix B does not

actually appear to list "operating parameter values", but rather "Operating

Parameters to be Monitored ... " Would you please comment on a possible

clarification of this section since no actual minimum or maximum values are

listed in Appendix B7

Should Section 229. l50(a) reference proposed Section 229.152(b) for instances

where applicable operating parameter values are not specified in Appendix B of

this Part 2297

IEPA: Subsections 229.150(a) and (c) original texts have been revised to provide more

clarity.

a) Following the date on which the initial performance test is completed, or is

required to be completed under Section 229.142 ofthis subpart, whichever

date comes first, an HMIWI, using a dry scrubber followed by a fabric filter,

a wet scrubber, or dry scrubber followed by a fabric filter and a wet

scrubber ef-ll;-Wlective f1sfleatal)'tie reduetisfi system to comply with the emission

limits ofthis Part, shall not operate above any ofthe applicable maximum

operating parameters or below any ofthe applicable minimum operating

parameter values specified in Appendix B ofthis Part. All operating parameters

shall be measured as a 3-hour rolling average (calculated each hour as a 3-hour

rolling average the average ofthe previous 30perating hours) at all times. For

batch HMIWls, the charge rate shall be measured on a per batch basis.

***

Ql;) For HMIWls using air pollution control equipment other than a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber sr a selective f1sflcatalytie reduetisfi system to comply

with the emission limits under Section 229.125 or Section 229.126 ofthis Part,

following the date on which the initial performance test is completed, as provided

in Section 229.142 ofthis Part, an HMIWI shall not operate above any applicable

maximum or below any applicable minimum operating parameter values

established in its CAAPP permit.

QC) Operating parameter limits do not apply during performance tests.

10. Section 229.160 Compliance Requirements for Rural HMIWIs

7
IPCB: For the benefit ofthe record, would you please explain how "Operating parameter

limits do not apply during perfonnance tests" (proposed Section 229. l60(c», yet

"Operation above the maximum charge rate or below the minimum secondary chamber

temperature detennined during the initial perfonnance test shall constitute a violation of

the established operating parameter(s)" (proposed Section 229.160(d»? Similar wording

appears at proposed Section 229. 150(d).

IEPA: In conducting an initialpeiformance test operating parameter limits at which

compliance is achieved with applicable emissions limits are established. The

established values are required to be monitored to determine continuous

compliance with applicable emissions limits. Ifa subsequent peiformance test is

required, new operatingparameter limits at which compliance is achieved with

applicable emissions limits are required to be established. This is so because the

operating scenarios when the initial and the subsequent tests were conducted may

or may not be the same, and this may result in different outcomes in terms ofthe

level ofemissions oftested pollutants during each test.

Illinois EPA suggests the following changes to Section 229.142:

c) 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 of a rural HMIWI shall not operate their

HMIWI either above the maximum charge rate or below the minimum secondary

chamber temperature measured as 3-hour rolling averages (calculated each hour

as the average ofthe previous 3 operating hours) at all times. Operatiag

parameter limits do aot apply dooag perfeIHlaRSe tests.

d) Operating parameter limits do not apply during perfonnance tests.

d) Operation aboye the miBl!mlim eharge rate or below the miaimlim seeoadary

ehaJ.'i"lber temperatme deteIHliaed dooag the iaitial perfeIHlaRee test shall

eonstitlite a violation ofthe established operating parameter(s).

8
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

RIO-

(Rulemaking - Air)

PROOF OF SERVICE

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

ANSWERS AND FIRST ERRATA TO QUESTIONS REGARDING

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS ofthe Illinois

Environmental Protection Agency upon the persons to whom it is directed, by placing it

in envelopes addressed to:

TO:

John Therriault, Clerk

Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Mitchell Cohen

Chief Legal Counsel

Illinois Dept. of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702-1271

Wade Van Zee

Stericycle,Iuc.

5815 Weldon Springs Rd.

Clinton,IL 61727

Matthew J. Dunn, Chief

Environmeutal

EnforcementJAsbestos

Litigation Division

Illinois Attorney General's Office

69 West Washington Street, 18th

Floor

Chicago, IL 60602

Selin Hoboy

Vice President, Legislative &

Regulatory Affairs, Stericycle, Inc.

Suite 200 BMPI05

Denver, CO 80209

Kathleen M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

and mailing same by First Class Mail from Springfield, lllinois on May 23, 2011 with

sufficient postage affixed.
SUBSCRJBED AND SWORN TO BEFORE ME

this th day of~Oll

tj~~
ILLINOIS POLLUTION CONTROL BOARD

June 3, 2011

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL. ADM. CODE )

PART 229: )

HOSPITALIMEDlCALIINFECTlOUS )

WASTE INCINERATORS )

R 11-20

(Rulemaking - Air)

HEARING OFFICER ORDER

The first hearing in this matter is scheduled for June 8, 2011 in Clinton. In response to

the hearing officer order of April 20, 2011 concerning the prefiling oftestimony and responses to

questions in advance ofthat hearing, and Stericycle, Inc. filed answers on May 23, 2011. On

May 25,2011, the rule proponent, the Illinois Environmental Protection Agency (IEPA), filed

answers and a first errata sheet, including Exhibits A to H.

Board staff has examined these participants' filings, and intends to ask a few follow-up

questions concerning them. To facilitate hearing efficiency and participants' ability to provide

information, these questions are attached to this hearing officer order, beginning at p. 2. As the

hearing date is fast approaching, the hearing officer will e-mail this order to rEPA and Stericycle

today, in addition to having the Clerk's Office make usual mail service.

The hearing officer encourages participants to provide answers at the June 8 hearing to

the extend they can. But, if additional time is necessary to formulate responses, it is of course

acceptable to defer answers until the hearing scheduled for June 28, 2011.

IT IS SO ORDERED.

Kathleen M. Crowley

Hearing Officer, Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 6060 I

(312) 814-6929 crowlek!Olipcb.state.il.us
Rl1-20

ATTACHMENT

To Hearing Offieer Order ofJune 30, 2011

Board Staff Follow-up Questions to Information provided May 23 and 25, 20U

in Response to April 20, 2011 Hearing Officer Order

Although the questions below are directed to specific participants, anyone is free to address any

ofthe questions posed below:

Follow up questions to the 4-20-11 Hearing Officer Order:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

I. Section 229.104 Incorporations by Reference

For the incorporations by reference, the Agency was requested to please provide the

name and address ofthe entity or organization from which a copy ofthe material may be

obtained.

(a) The Agency did not provide contact information for the USEPA document

proposed at 229.104(j), The USEPA address given on the face of the document

"Fabric Filter Bag Leak Detection Guidance" is:

USEPA

Office ofAir Quality Planning and Standards

Emissions, Monitoring and Analysis Division

Emission Measurement Center (MD-19)

Research Triangle Park, NC 27711

Usually, the general address for USEPA incorporations by reference seems to be:

GPO. Superintendent of Documents, U.S. Government Printing Office,

Washington, DC 20401, (202) 783-3238.

Would the Agency please confirm the correct contact information for obtaining

this document?

(b) The Agency did not provide an address for the existing Incorporation by

Reference for Office ofManagement and Budget for 229.1 04(b) "Revised

Statistical Definitions for Metropolitan Areas," OMB Bulletin No. 93-17, Office

of Management and Budget, Washington, D.C. (June 30,1993).

Would the Agency please provide the correct contact information for this

document as well?
]

2. Section 229.116 Compliance Schedules for HMIWls that Will Shut Down

The Agency was requested to clarify if Section 229.116 provided an opportunity for

HMIWIs pursuing the extended compliance timeframe to decide to shut down at a date

later than January 2, 2014.

IEPA responded by saying,"

"Any HMIWI unit that is granted compliance extension but later decides

to shut down must do so no later the final compliance date as specified in

the increments ofprogress to avoid enforcement action. Since the unit is

shutting down, not retrofitting, the owner or operator must submit a

request to have the increments ofprogress revised."

If an HMIWI that previously pursued an extended compliance timeframe later decides to

shut down, what reason would there be to request a revision ofthe increments of

progress? In this case, wouldn't they simply need to submit a "written notice oftheir

intention to permanently shut down" as provided in 229.116(a)?

In this light, please review the draft language at pp.5-6 and indicate what, if any,

revisions should be made.

Section 229.120 CAAPP Permit Requirements

The Agency was requested to clarify if certain sections ofthe proposed rule should

recognize the extended compliance deadline under Section 229.115(b)(2). The Agency's

response clarified that the purpose of a compliance extension is to allow time for

compliance with the new requirements, but it does not preclude the HMIWI from

complying with the old requirements during the interim.

However, the proposed language does not seem clear on that point. As proposed, the

compliance extension is "to comply with this Part." It doesn't refer to just the new

requirements. The language should be clear that the compliance extension applies only to

the new/amended requirements. Based on that, please review the draft language at pp.5-6

and indicate what, if any, revisions should be made.

Section 229.150 Compliance with Operating Parameter Values

The Agency was asked to clarify language relating to operating parameters to be

monitored. In response, the Agency proposed revised language.

Did the Agency intend to strike the reference to "a selective noncatalytic reduction

system" that was proposed adding in the original proposal? Stat. ofReas. at 11.

Is the selective non-catalytic reduction system no longer a compliance option?
4

Ifso, please explain why, as the selective non-catalytic reduction system still remains in

proposed 229.150(b). (e.g. was the strikeout a typo?)

!EPA and STERICYCLE

5. Section 229.115 Compliance Schedules for HMIWls that will Continue to Operate

This question regards the extended compliance schedule proposed under Section

229.115(b)(2).

IEPA and Stericycle were requested to comment on a revised schedule for the increments

of progress. Although IEPA stated that Stericycle did not respond to its email (TEPA

Answers at 4), Stericycle may have believed it was responding to IEPA and the Board by

submitting its response to the HOO on May 23, 2011. Stericycle suggested revisions to

IEPA's proposal as well as Stericycle's own original proposal.

The Board's staff noted that Stericycle did not propose an alternate date for step "(iv)

Perform initial startup ofthe retrofitted HMIWI by January 15,2002".

Based on this, please review the draft schedule provided at p. 7 and indicate if both

participants concur. If not, please specify what, mutually agreeable revisions should be

made. Ifthere is no agreement, each participant should be prepared to state its own

position.
5

Draft Rule Revision Lauguage for Review and Concurrence or Revision by IEPA and

Stericycle:

(Prepared by Board's staff)

The rulemaking language drafted below in bold underline reflects possible changes to the

!EPA's proposal. All provisions are codified at 35 Ill. Adm. Code:

229.115(b)(2)

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

an HMIWI may have until October 6, 2014, to comply with the amended

requirements ofthis Part, but must continue to comply with the provisions of

their current CAAP permit during the interim. To avail themselves ofthis

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

following:

Section 229.I15(b)(3)

!Ai Any owner or operator of an 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; or

(m Any owner or operator of an HMIWI pursuing the extended

compliance timeframe under subsection (b)(2) ofthis Section

that chooses to permanently shut down the HMIWI will

comply with the requirements of Section 229.116.

229.116 (a)ill.

On or before October 6, 2014, for an HMIWI as defined in Section 229.110(a)(l) or

(a)(2) of this Part subject to the emissions limits under Section 229.12S(c), as

applicable, or Section 229.126(c) ofthis Part, which had pursued the extended

compliance timeframe pursuant to Section 229.115(h)(2).

Section 229.120la)l2)

By January 1,2014, except as provided for iu Section 229.115(h)(2)(A) of this

Part, for an HMIWI as defined in Section 229.11 O(a)(I) or (a)(2) ofthis Part.

Section 229.125lc)

On or after January 1,2014, except as provided for in Section 229.115(b)(2),

each owner or operator of a small, medium, or large HMIWI as defined in Section

229.1 IO(a)(l) and (a)(2) ofthis Part...
Section 229.126(c)

On or after January 1,2014, except as provided for in Section 229.115(b)(21, a

rural HMIWI, ...

Section 229. I62(e) and CD

On or after January 1,2014, except as provided for in Section 229.115(b)(21,the

owner or operator. ..

Section 229.1 66(a)(2)

On or after January 1,2014, except as provided for in Section 229.115(b)(2), for

a small, medium or large HMIWI, ...

Section 229. 168(a)(2)

On or after January I, 2014, except as provided for in Section 229.115(b)(2), for

a rural HMIWI, ...

Section 229. I 84(b)(2)

On or after January 1,2014, except as provided for in Section 229.115(b)(2),

the test data and values...

Section 229. I 84(c)(2)

By January 1,2014, except as provided for in Section 229.115(b)(2), and by January I

of each year thereafter, .. ,

Section 229.1 84(c)(3)(B)

On or after January 1,2014, except as provided for in Section 229.115(b)(2), the values

for site-specific...

Draft Schedule for Review and Concurrence or Revision by IEPA and Stericycle:

(Prepared by Board's stajJ)

35 llt Adm. Code 229.115(b)(2)

A) Submit CAAPP application to the Agency, on Or before Januarv 1,

2013 ..

B) Meet the following increments of progress by the dates indicated:

iI Finalize all contracts for the purchase of either pollution control

equipment, process modification or control systems by August 1,

2012;
7

ii) Commence the implementation of either the process modifications

or the necessary construction or installation of air pollution control

devices for the HMIWI bv March 1,2013:

iii) Complete either the process modifications or the installation or

construction ofthe new air pollution control equipment by

September 1, 2013;

iv) Perform initial startup ofthe retrofitted HMIWI by June 21, 2014;

and

v) Complete the initial performance test in accordance with Section

229.142 ofthis Part bv October 6, 2014.

Draft Schedule for Review and Concurrence or Revision by !EPA and Stericycle:

(Prepared by Board's stafJ)

35 IlL Adm. Code 229.1 j 5(b)(2)

A) Submit CAAPP application to the Agency. on or before January 1,

2013...

B) Meet the following increments of progress by the dates indieated:

i) Finalize all contracts for the purchase of either pollution control

equipment. process modification or control systems by August 1,

2012:

in Commence the implementation of either the process modifications

or the necessary construction or installation of air pollution control

devices for the HMIWI by March 1,2013;

iii) Complete either the process modifications or the installation or

construction ofthe new air pollution control equipment bv

September 1, 2013;

iv) Perform initial startup ofthe retrofitted HMIWI by June 21, 2014;

and

v) Complete the initial performance test in aceordanee with Seetion

229.142 ofthis Part by October 6,2014.
CERTIFICATE OF SERVICE

It is hereby certified that true copies ofthe foregoing order were mailed, first class, on

June 3, 2011, to each ofthe persons on the attached service list. Copies were also e-mailed to

Charles Matoesian ofthe Illinois Environmental Protection Agency and Selin Hoboy of

Stericycle Inc.

It is also hereby certified that a true copy ofthe foregoing order was hand delivered to the

following on June 3, 2011:

John T. Therriault

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St, Ste. 11-500

Chicago, IL 6060 I

Kathleen

~.-'M.~ M. Crowley

Hearing Officer

Illinois Pollution Control Board

100 W. Randolph St. Ste.II-500

Chicago, IL 60601
Rl1-20 Notice List 6/3/11

Charles E. Matoesian

Assistant Counsel

!EPA

1021 N. Grand Avenue East

P.O. BOX 19276

Springfield, 1L 62794-9276

Matthew J. Dunn

Office ofthe Attorney General

69 W. Washington St, Suite 1800

Chicago, IL 60602

Jonathan Furr

ChiefLegal Counsel

IDNR

524 S. Second St.

Springfield, IL 62701-1787

Selin Hoboy

Vice President, Legislative & Regulatory Affairs

Stericycle, Inc.

Suite 200 BMP#105

Denver, CO 80209

Wade Van Zee

Stericycle, Inc.

5815 Weldon Springs Rd.

Clinton, IL 61727

9
IEPA ATTACHMENT NO.

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL. ADM. CODE )

PART 229: HOSPITAUMEDICAU )

INFECTIOUS WASTE INCINERATORS )

Updated June 9,2011

R Il-20 (Rulemaking 1J:9M!.1,_

EXHIBIT LIST

Exhibit I

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Testimony of Dixon Nwaji, Environmental Protection Enginerer, Air Quality

Planning Planning Section in the Illinois Environmental Protection Agency

(!EPA)(4 page testimony, prefiled 21l8/2011;adrnitted into record as if

read)

Amendments Agreed to by !EPA & Stericycle to 35 TIL Adm. Code 229.115

"Compliance Schedules for HMlWIs That Will Continue to Operate (2 page

document dated 6/8/11, further agreed to change in Sec. 229.115(b)(2)(B)(vii) on

p. 2, strike-through initialed by hearing officer)

!EPA Answers and First Errata to Questions Regarding HospitallMedical/

Infectious Waste Incinerators, filed 5/25/2011(excluding Exhibit A-H) (12-pages)

Stericycle Inc. Testimony on Amendments to 35 TIL Adm. Code Part 229:

HMIWI, filed 2/22/2011(6-page letter signed by Selin Hoboy, VP Legislative and

Regulatory Affairs)

Stericycle Inc. Testimony on Amendments to 35 lil. Adm. Code Part 229:

HMlWI, filed 5/23/2011(3-page letter signed by Selin Hoboy,.VP Legislative and

Regulatory Affairs)

6/23/2011 Hearing officer order in RII-24addressing questions to !EPA and

Stericycle re respective filings of 5/25/2011 & 5/23, 2011 (9-pages)

The next hearing is scheduled for June 28, 2011 DDRIGINAL
IEPA ATTACHMENT NO. +1-

Page 1

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

AMENDMENTS TO 35 ILL. ADM. CODE

PART 229, HOSPITAL!MEDICAL!

INFECTIOUS WASTER INCINERATORS

)

)

) DOCKET Rll-20

) (Rulemaking - Air)

) RECEIVED

) CLERK'S OFFICE

JUN 09 2011

STATE OF fLUNOIS

Polluliol1 Control Board

Hearing held, pursuant to notice, on Wednesday,

June 8, 2011, at the hour of 9:00 a.m. at Dewitt

County Building, 201 W. Washington, Clinton,

Illinois, before KATHLEEN CROWLEY, duly appointed

Hearing Officer.

L.A. REPORTING SERVICE

(312)419-9292

REPORTER: LAUREL A. PATKES, CSR #084-001340
Page 2

1 BOARD MEMBERS:

2 CARRIE ZALEWSKI

GARY BLANKENSHIP

3

STAFF:

4

ALISA LID

5 Environmental Scientist

Illinois Pollution Control Board

6

7 APPEARANCES:

8 CHARLES MATOESIAN

IEPA

9 1021 North Grand Avenue East

Springfield, Illinois 62794

10

appearing on behalf of IEPA;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

SELIN HOBOY

303 S. Broadway

Suite 200 PMB#105

Denver, Colorado 80209.

appearing on behalf of Stericyle.

PRESENT:

STERICYCLE REPRESENTATIVES:

RICK GABEY

JIM NOLD

WADE VAN ZEE
1

2

3

NUMBER

4

Exhibit 1

5

Exhibit 2

6

7 Exhibit 3

8

Exhibit 4

9

Exhibit 5

10

11 Exhibit 6

12

13

14

15

16

17

18

19

20

21

22

23

24

I N D E X

EXHIBITS

DESCRIPTION

Mr. Nwaji's testimony

Section 229.115, Compliance

Schedules

Answers in first errata to

questions

Prefiled testimony

Answers to questions filed by

Stericycle

Hearing Officer order

Page 3

PAGE

9

10

11

16

16

18
1

Page 4

HEARING OFFICER CROWLEY: Good

2 morning. My name is Kathleen Crowley, and I am the

3 assigned hearing officer in this rulemaking. This

4 is the first of two presently scheduled hearings

5 being conducted by the Illinois pollution Control

6 Board in our Docket R-11-20 in the matter of

7 Amendments to 35 Illinois Administrative Code

8 Part 229: Hospital/Medical/Infectious Waste

9 Incinerators.

10 At today's hearing, the Board

11 will begin its receipt of testimony on the merits

12 and economic effects of the Illinois Environmental

13 Protection Agency's December 23, 2010 regulatory

14 proposal.

15 As I see, we have no one in

16 the courtroom today who is oh, there is one

17 gentleman that I'm not familiar with so I'll give a

18 synopsis of the rules.

19 The proposed rules would

20 reflect amendments promulgated by the United States

21 Environmental Protection Agency or USEPA to federal

22 air quality standards including new source

23 performance standards and emissions guidelines.

24 Changes include revised emission standards to be
Page 5

1 more stringent than existing ones, revised waste

2 management plan provisions for greater flexibility

3 in demonstrating compliance, and removal of an

4 existing startup, shutdown and malfunction

5 provision. The compliance date for the new rules

6 would be January 1, 2014, and the Agency reports

7 that Illinois currently has only one facility to

8 which the new rules would apply, and that is the

9 Stericycle facility located here in Clinton.

10 As we have very few people

11 today, I'll shorten up some of the usual opening

12 remarks.

13 All hearings before the Board

14 are transcribed by the court reporter you see with

15 us today. We ask that persons speak one at a time

16 and that you speak loudly enough for her to hear.

17 All witnesses will be sworn in by the court reporter

18 prior to giving testimony, but you can give public

19 comment if you care to without being sworn in, and

20 that will be a little bit later in this hearing.

21 Any person may ask questions

22 of any witness giving testimony but please wait

23 until I calIon you before speaking. Questions

24 asked by the Board or its staff are not intended to
Page 6

1 indicate any prejudgment of the merits of any

2 testimony or of a proposal. They are asked to make

3 sure that there is a full and complete record for

4 deliberation by the three other board members not

5 present today.

6 Seated to my immediate right

7 is board member Carrie Zalewski, the board member

8 coordinating this proceeding. Seated to her

9 immediate right is Board environmental scientist

10 Alisa Liu, and seated to my left and one level down

11 at his choice is board member Gary Blankenship.

12 Do you have any opening

13 remarks you'd like to make, Member Zalewski?

14 MEMBER ZALEWSKI: No. Just thank

15 you for coming out, and we appreciate everyone's

16 prefiled questions and responses. That really helps

17 a lot so thank you.

18 HEARING OFFICER CROWLEY: So at

19 this point, we'll ask for appearances.

20 Mr. Matoesian?

21 MR. MATOESIAN: Yes. Charles

22 Matoesian appearing for the Illinois Environmental

23 Protection Agency, and here with me today we have

24 Dixon Nwaji who is an environmental protection
Page 7

1 engineer. He will provide some testimony and answer

2 any questions the Board would have.

3 HEARING OFFICER CROWLEY: Thank

4 you.

5 And I understand Stericycle is

6 not represented by an attorney today but you are

7 participating through ... Your name, please?

8 MS. HOBOY: Selin Hoboy with

9 Stericycle, Vice President of Legislative and

10 Regulatory Affairs.

11 HEARING OFFICER CROWLEY: And if

12 you would introduce who you brought with you here

13 today just briefly?

14

15

MS. HOBOY: Sure.

I have with me Rick Gabey.

16 He's our regional operations director. Next to him

17 is Jim Nold, and he is our plant operations manager,

18 and Wade Van Zee who is our manager of Environmental

19 Quality.

20 HEARING OFFICER CROWLEY: And there

21 is one member of the public in the room. We welcome

22 you, sir.

23 Before we begin with the

24 agency's testimony and then stericycle's testimony,
Page 8

1 there's just a couple of housekeeping things I have

2 to get on the record.

3 On February 22nd, the Board

4 submitted a written request to the Department of

5 Commerce and Economic Opportunity known as DCEO that

6 it perform an economic affect study, or an EelS, as

7 provided for in Section 27 of the Environmental

8 Protection Act.

9 On May 23rd, the Board

10 received DCEO's response to the request. DCEO

11 stated that, "At this time, the Department is unable

12 to undertake such an economic impact study." No

13 study has been filed.

14 Section 27(b) requires the

15 Board to hold a hearing on the economic impact of

16 the rules, any EclS submitted, and on any

17 explanation DCEO provides for not conducting one.

18 Section 27(b) allows the Board

19 to dovetail that hearing with any other hearing, and

20 so any DCEO hearing issues can be addressed at

21 today's hearing.

22 Order of hearing. To

23 streamline the hearing and save everybody'S time, I

24 issued hearing officer orders on February 1,
Page 9

1 May 23rd, and June 3, 2011. These orders asked

2 persons to prefile testimony and to answer questions

3 developed by Board staff.

4 The only two entities who

5 filed testimony in response to these orders have

6 been the Agency and Stericycle. The Agency prefiled

7 testimony on February 18, 2011 and answers to

8 questions on May 25, 2011. stericycle prefiled

9 testimony on February 22, 2011 and answers to

10 questions on May 23, 2011.

11 We will first allow the Agency

12 to deliver testimony and answer questions. Next

13 we'll hear from stericycle, and then we'll take any

14 testimony or oral public comments from anyone else

15 today concerning the merits, it's expected economic

16 impacts and any other matters.

17

18 up.

19

20

Okay. Mr. Matoesian, you're

MR. MATOESIAN: Thank you.

I would like to introduce an

21 eXhibit, Mr. Nwaji's testimony, as if read. This is

22 prefiled testimony.

23 HEARING OFFICER CROWLEY: So we'll

24 mark that as Exhibit 1.
1 MR. MATOESIAN: And then on

Page 10

2 speaking with Stericycle, we've come to an agreement

3 on change on a few dates, so we have drafted a new

4 Section 229.115 which I would like to enter as an

5 exhibit.

6

7

8 one copy?

9

HEARING OFFICER CROWLEY: Okay.

MEMBER ZALEWSKI: You just have the

HEARING OFFICER CROWLEY: No,

10 actually, I've got another one.

11

12

MEMBER ZALEWSKI: Okay. Great.

HEARING OFFICER CROWLEY: Okay.

13 And, Mr. Matoesian, would you mind just scrawling a

14 date on this?

15

16

MR. MATOESIAN: Oh, okay.

HEARING OFFICER CROWLEY: And I

17 assume that Stericycle representatives have a copy

18 of this already.

19 MS. HOBOY: Yes.

20 HEARING OFFICER CROWLEY: Okay.

21 Great. Thanks very much. It will just keep it

22 separate from many of the others. Okay. That's

23 Exhibit 2, a document dated 6-8-2011 with a heading

24 Section 229.115, Compliance Schedules. It
Page 11

1 represents an agreed change developed by EPA and

2 Stericycle.

3

4

Okay. Mr. Matoesian.

MR. MATOESIAN: That's all the

5 testimony I have for today. Mr. Nwaji can answer

6 questions if the Board has any though.

7 MS. LIU: Would you please give us

8 a moment to review the alternate schedule you've

9 provided?

10

11

12

MR. MATOESIAN: Oh, sure.

(Pause)

HEARING OFFICER CROWLEY: And while

13 we're looking at documents, Mr. Matoesian, I would

14 also like, just so we've got everything tidy, I'd

15 like to mark as Exhibit 3 the document received

16 May 25, 2011 which is your answers in first errata

17 to questions.

18

19

MR. MATOESIAN: Oh, okay.

HEARING OFFICER CROWLEY: That way

20 we'll have everything that you've given us in the

21 record as an exhibit for ease of reference by the

22 Board.

23

24
1

2

3

Page 12

(Whereupon an off-the-record

discussion transpired at this

time.)

4 HEARING OFFICER CROWLEY: If you

5 don't mind, we'll ask Stericycle to go ahead and

6 present its testimony, and then when we ask

7 questions, we can have people speak as necessary.

8 MS. HOBOY: Okay.

9 As I neglected to ask the

10 court reporter to swear in Mr. Nwaji, I will ask you

11 please to swear in both him and Ms. Hoboy of

12 Stericycle at this point.

13 (Whereupon Dixon Nwaji and Selin

14 Hoboy were sworn by the

15 reporter.)

16 MS. HOBOY: Good morning, and thank

17 you, Madame Hearing Officer and members of the Board

18 for the opportunity to address the Board this

19 morning.

20 As I mentioned, I'm Selin

21 Hoboy with Stericycle, Vice President of Legislative

22 and Regulatory Affairs.

23 We realize that this hearing

24 is concerning the proposed amendments to the rules
Page 13

1 for all HMIWIs in the state but as we are the only

2 ones operating an HMIWI and therefore affected at

3 this time, we're obliged to answer the Board's

4 request for our comments.

5 We are here today to add

6 comments to our prefiled testimony, as mentioned

7 before, from February 22nd and May 23rd of this

8 year. We have reviewed the proposed amendments to

9 the rules in question, and we have been working with

10 the EPA, Illinois EPA, to review alternative time

11 frames and dates for demonstrating increments of

12 progress towards final compliance.

13 We have discussed these

14 alternate time frames and reached an agreement with

15 the Illinois EPA on the dates included in today's

16 testimony filed by the Illinois EPA. I would like

17 to read and submit on the record these dates just to

18 make sure we have them. Is that appropriate or

19 would you rather have them --

20 HEARING OFFICER CROWLEY: That's

21 fine if you'd care to.

22 MS. HOBOY: Okay. Under

23 Section 229.115(b)2(B) (i), finalize contracts for

24 the purpose of either pollution control equipment,
Page 14

1 process modification and control systems by August 1

2 of 2012.

3 (ii) . Commence the

4 implementation of either the process modifications

5 or necessary construction or installation of air

6 pollution control devices or the HMIWI by March 1st

7 of 2013.

8 (iii) . Complete either the

9 process modifications or installation or

10 construction of the new air pollution control

11 equipment by September 1.

12 (iv) Achieve final

13 compliance which includes incorporating all process

14 changes and/or completing retrofit construction as

15 described in the final control plan connecting the

16 air pollution control equipment or process changes

17 such that the unit is brought online and ensuring

18 that all necessary process changes and air pollution

19 control equipment are operating properly no later

20 than June 1, 2014.

21 (v). Complete the initial

22 performance test in accordance with Section 229.142

23 of this part no later than October 6, 2014.

24 (vi) . Submit the results of
Page 15

1 the initial performance test and revised waste

2 management plans to the agency no later than 60 days

3 following the initial performance test.

4 And finally, (vii). You must

5 submit notification to the agency within ten

6 business days of completing or failing to complete

7 by the applicable date each of the increments of

8 progress specified in the subsection (b) (2) (B) of

9 the sixth section. The notification must be signed

10 by the owner's or operator's representative

11 responsible for the management of the HMIWI.

12 I just wanted to make sure

13 that that got on record.

14

15 HEARING OFFICER CROWLEY: And you

16 are reading from Exhibit 2 just for the record.

17

18 Exhibit 2.

MS. HOBOY: Yes, I was reading from

Thank you.

19 Having reached the agreement

20 with the Illinois EPA on these milestone dates, we

21 are prepared to accept the amendments proposed and

22 pledge to be in compliance with them in the time

23 frame specified.

24 We will be happy to answer any
Page 16

1 questions by the Board or the Illinois EPA at this

2 time.

3 HEARING OFFICER CROWLEY: Okay.

4 Just for the record, a little housekeeping.

5 I'm going to do as we did with

6 EPA, Ms. Hoboy. The prefiled testimony received by

7 the Board February 22, 2011 will be marked as

8 Exhibit 4.

9 The answers to questions filed

10 by stericycle filed May 23, 2011 will be Exhibit 5.

11 And I have one question to

12 open with to ask of both Mr. Matoesian and Ms. Hoboy

13 on section 229.115 (b) (2) (B)7. It's a provision

14 that reads "you must submit."

15 Do you have any problem if we

16 strike the "you must" part and just have it read

17 "submit" like 6 does?

18

19 fine with us.

20

MR. MATOESIAN: Oh, I see. That's

HEARING OFFICER CROWLEY: If that's

21 okay with you, I will make the change on this

22 document and initial it myself. Okay?

23 MR. MATOESIAN: Yes.

24 HEARING OFFICER CROWLEY: Thank
1

2

3

4

you.

Page 17

MS. HOBOY: Yes, that's fine.

HEARING OFFICER CROWLEY: Alisa?

MS. LIU: Good morning, Ms. Hoboy.

5 Would you like to introduce

6 the people that you brought with you today?

7 MS. HOBOY: Yes.

9 Today with me is Jim Nold,

9 manager of U.S. corporate operations, Mr. Rick

10 Gabey, Regional operations Director for our Clinton

11 facility, and Mr. Wade Van Zee, the environmental

12 quality manager for our Clinton facility.

13 MS. LIU: The agreed upon language

14 for this schedule, one of the dates that you didn't

15 mention is in Section 229.115(b) (2) (A), the

16 milestone date of January 1, 2012.

17 Is that also agreeable to

18 Stericycle.

19 MS. HOBOY: Yes. I apologize for

20 omitting that. It is.

21 MS. LIU: The rest of the questions

22 I have will be directed to the Illinois EPA.

23 Good morning. I'm going to

24 ask the questions that appeared in Hearing Officer
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9

10

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(

\ 13

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Page 18

Crowley's order, Question No.1.

HEARING OFFICER CROWLEY: Just one

second.

Which hearing officer order?

MS. LIU: June 3, 2011.

HEARING OFFICER CROWLEY: Okay.

Why don't we mark that as Exhibit 6, and if you want

to read the questions, you can. If you prefer not

to, you don't have to.

MR. MATOESIAN: We will be

answering those in writing if that's what you're

wondering.

MS. LIU: You're not prepared to

respond today?

MR. MATOESIAN: Are you prepared to

respond (referring to Dixon Nwaji)?

HEARING OFFICER CROWLEY: Whatever

you're comfortable doing Alisa. I don't care.

MR. MATOESIAN, We would prefer it

in writing because the answers will be quite long.

HEARING OFFICER CROWLEY, Fine.

That's acceptable: That hearing officer order made

it clear that we didn't necessarily expect you to

answer those questions today but that we do need
Page 19

1 answers, if possible, before the next hearing if

2 you're going to do it in writing.

3 MR. MATOESIAN: Sure. That's fine.

4 HEARING OFFICER CROWLEY: Great.

5 Did you have anything else at

6 this point, Alisa?

7 MS. LIU: Could you give US a

8 moment off the record, please?

9 HEARING OFFICER CROWLEY: Off the

10 record.

11 (Whereupon an off-the record

12 discussion transpired at this

13 time.)

14 HEARING OFFICER CROWLEY: If we

15 could go back on the record.

16 I think the record is clear on

17 this, but I'm just going to have it asked and

18 answered one more time. I just want to be sure that

19 the dates in Exhibit 2 which are the revised

20 complaint schedule that was presented today, that

21 Stericycle fully expects to be able to comply with

22 those dates.

23 MS. HOBOY: We're going to do

24 everything in our power to do so.
1

Page 20

HEARING OFFICER CROWLEY, At this

2 point in time, it does seem doable?

3 MS. HOBOY, Yes, at this point ln

4 time, it is our intention to comply with these

5 dates.

6 HEARING OFFICER CROWLEY, Okay. I

7 ask this because when we get back to Chicago, we

8 will be asked whether this is something the company

9 thinks it can do, and I wanted to make that clear.

10

11 believe we can.

12

13 have anything?

14

15 further.

16

17 Blankenship?

18

19

MS. HOBOY, Yes. At this time we

HEARING OFFICER CROWLEY, Did you

MEMBER ZALEWSKI, I have nothing

HEARING OFFICER CROWLEY, Member

MR. BLANKENSHIP, No.

HEARING OFFICER CROWLEY, Okay.

20 Does anyone else have anything else they want to say

21 about this?

22 There does not appear to be.

23 Okay. So what we get to is the part that everybody

24 wants to know about which is what happens next.
Page 21

1 As you know, we have another

2 hearing scheduled for June 28th in the Board's

3 office in Chicago. After we conclude that hearing,

4 I will set a deadline for receipt of the last

5 written public comments which is typically a couple

6 of weeks after the transcript of the hearing is in.

7 As I explained in previous

8 hearing officer orders and as explained in the

9 Board's procedural rules for rulemaking at 35

10 Illinois Administrative Code Part 102 and

11 specifically in the April 20th hearing officer

12 order, the Board has to follow the rulemaking steps

13 under both the Environmental Protection Act and the

14 Illinois Administrative Procedures Act, or APA. The

15 APA requires that the Board publish proposed rules

16 in the Illinois Register and receive written public

17 comments for at least 45 days after publication.

18 Then the Board submits the rules with any amendments

19 and response to public comments to the Joint

20 Committee on Administrative Rules.

21 Once JCAR gets the rules, the

22 Board can make changes only in response to JCAR

23 comments. JCAR has 45 days to review the rules. If

24 JCAR says the rules are okay, then the Board can
Page 22

1 adopt them and file them with the Secretary of

2 State.

3 When Illinois EPA filed the

4 proposed rules, EPA said that it would like to have

5 rulemaking completed so that it can have an

6 application for revision of the state implementation

7 plan including these rules to USEPA no later than

8 October 6, 2011.

9 Now that we've had at least

10 one hearing on this, Member zalewski plans to ask

11 . the Board to consider adoption of a "first notice

12 opinion and order" proposing rule amendments at the

13 Board's June 16th meeting.

14 We from the Board will

15 endeavor to prepare a draft report consideration

16 that includes the EPA proposal and all of your

17 agreed upon provisions.

18 After adopting a first notice

19 proposal, the Board will then publish it in the

20 Illinois Register. That starts the 4S-day public

21 comment period. We'll be holding the next public

22 hearing within that comment period.

23 After reviewing all the

24 transcripts and any more public comments we get, the
Page 23

1 Board will determine whether to amend the proposal

2 before sending it to JCAR.

3 We believe that we will be

4 able to get this rulemaking to USEPA on the

5 timetable that the Agency prefers.

6 Are there any other questions

7 or comments?

8 Off the record.

9 (Whereupon an off-the-record

10 discussion transpired at this

11 time.)

12 HEARING OFFICER CROWLEY: We've had

13 a brief discussion here as to whether it would be

14 possible for the Illinois EPA to provide its answers

15 to the questions in the June 3rd hearing officer

16 order in a relatively short time period. That would

17 assist the Board's deliberations at its June 16th

18 meeting.

19 Mr. Matoesian has agreed that

20 he believes it would be doable for the Agency to

21 submit answers by this coming Monday which is

22 June 13th. That will be a permitted fax filing,

23 e-mail, whatever, but please be sure that Stericycle

24 is served as well.
HEARING OFFICER CROWLEY: Are there

1

2

MR. MATOESIAN: Sure.

Page 24

3 any other questions, comments?

4 MR. MATOESIAN: Nothing from us.

5 HEARING OFFICER CROWLEY: There

6 don't appear to be any.

7 Thank you all very much.

8 We're adjourned, and we'll see all or some of you on

9 June 28th in Chicago then.

10 (Adjournment at 9:45 a.m.)

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Page 25

STATE OF ILLINOIS )

)SS.

COUNTY OF SANGAMON)

CERTIFICATE

I, Laurel A. Patkes, Certified Shorthand

Reporter in and for said County and State, do hereby

certify that I reported in shorthand the foregoing

proceedings and that the foregoing is a true and

correct transcript of my shorthand notes so taken as

aforesaid.

I further certify that I am in no way

associated with or related to any of the parties or

attorneys involved herein, nor am I financially

interested in this action.

Dated June 9, 2011.

Certified Shorthand Reporter
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Page 31
Electronic Filing - Received, Clerk's Office, 06/13/2011 f ')..

!EPA ATTACHMENT NOo • _

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALiMEDICAL/INFECTIOUS )

WASTE INCINERATORS )

Rll-20

(Rulemaking - Air)

TO: John Therriault, Acting Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

Chicago, Illinois 60601-3218

NOTICE

Kathleen Crowley, Hearing Officer

lllinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

Chicago, IL 60601-3218

Matthew Dunn, Chief

Division of Environmental Enforcement

Office ofthe Attorney General

James R. Thompson Center

100 West Randolph St., Suite 1200

Chicago, IL 6060 I

Mitchell Cohen, ChiefLegal Counsel

lllinois Dept. of Natural Resources

One Natural Resources Way

Springfield, IL 62701

Selin Hoboy, Vice President

Legislative & Regulatory Affairs

Stericycle, Inc.

303 S. Broadway PMB105

Denver, CO 80209

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

the ILLINOIS EPA ANSWERS AND SECOND ERRATA TO QUESTIONS REGARDING

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS ofthe Illinois Environmental

Protection Agency a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

DATED: June 13,2011

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TOO)

By: lsi Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED

ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, 06/13/2011

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITAL/MEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

Rl1-20

(Rulemaking - Air)

ILLINOIS EPA ANSWERS AND SECOND ERRATA TO QUESTIONS REGARDING

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS

NOW COMES Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA" or "Agency"), by its attorney, Charles E. Matoesian, and files this response to

the questions ofthe Illinois Pollution Control Board's ("Board") attached to the Hearing

Officer's Order ofJune 3, 2011.

2

RIl-20

ATTACHMENT

To Hearing Officer Order ofJune 30, 2011

Board Staff Follow-up Questions to Information provided May 23 and 25, 2011

in Response to April 20, 2011 Hearing Officer Order

Although the questions below are directed to specific participants, anyone is free to address any

ofthe questions posed below:

Follow up questions to the 4-20-11 Hearing Officer Order:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

I. Section 229.104 Incorporations by Reference

IPes: For the incorporations by reference, the Agency was requested to please provide the
Electronic Filing - Received, Clerk's Office, 06/13/2011

name and address ofthe entity or organization from which a copy ofthe material may be

obtained.

(a) The Agency did not provide contact information for the USEPA document

proposed at 229.1040). The USEPA address given on the face ofthe document

"Fabric Filter Bag Leak Detection Guidance" is:

USEPA

Office ofAir Quality Planning and Standards

Emissions, Monitoring and Analysis Division

Emission Measurement Center (MD-19)

Research Triangle Park, NC 2771 1

Usually, the general address for USEPA incorporations by reference seems to

be:

GPO. Superintendent ofDocuments, U.S. Government Printing Office,

Washington, DC 20401, (202) 783-3238.

Would the Agency please confirm the correct contact information for obtaining

this document?

IEPA.

IPCB: (b)

To the best ofmy knowledge, this is the correct address.

GPO

Superintendent ofDocuments

Us. Government Printing Office

P979050

St. Louis M063197-9000

The Agency did not provide an address for the existing Incorporation by

Reference for Office of Management and Budget for 229.1 04(b) "Revised

Statistical Definitions for Metropolitan Areas," OMB Bnlletin No. 93-17,

Office of Management and Budget, Washington, D.C. (June 30,1993).

Would the Agency please provide the correct contact information for this

docnment as well?

IEPA: After searching, to the best ofmy knowledge, this is the correct address.

Management and Budget Office

National Technical Information Services

5285 Port Royal Road

Springfield, VA 22161

3

2. Section 229.116 Compliance Schednles for HMIWls that Will Shut Down

IPCB: The Agency was requested to clarify if Section 229.116 provided an opportunity for
Electronic Filing - Received, Clerk's Office, 06/13/2011

HMIWls pursuing the extended compliance timeframe to decide to shut down at a date

later than January 2, 20 I4,

!EPA responded by saying,"

"Any HMIWI unit that is granted compliance extension but later decides

to shut down must do so no later the tinal compliance date as specified in

the increments of progress to avoid enforcement action, Since the unit is

shutting down, not retrofitting, the owner or operator must submit a

request to have the increments of progress revised. II

If an HMIWI that previously pursued an extended compliance timeframe later decides

to shut down, what reason would there be to request a revision ofthe increments of

progress? In this case, wouldn't they simply need to submit a "written notice oftheir

intention to permanently shut down" as provided in 229, I 16(a)?

In this light, please review the draft language at pp5-6 and indicate what, ifany,

revisions should be made,

IEPA: The situation described in the Board Staffquestion is best handled through permitting

Under 40 CFR 60. 3ge(d)(I) owners or operators ofliMIWIs that plan to petition for

compliance extension are to do so before the rule compliance date: that is, before

January I, 20I4. Since the liMIWI is now operating under a CAAPP permit

that includes specified increments ofprogress, to avoid being subject to any

requirement under Part 229, the owner or operator should request a revision ofthe

increments (ifprogress. A revision ofthe increments ofprogress is required

because the increments ofprogress for afacility planning to shut down its

liMIWI or retrofit and continue to operate afier January 1, 2014 are not the same.

The l/linois EPA proposes amending Section 229.116 to enable owners or operators

that plan to shut down their HMIWIs rather than come into compliance with the

amended requirements under Part 229, but are unable to do so by January 1, 2014, to

petition IE?A for an extension.

The revisions read asfollows:

Section 229. 1I6(a):

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

229. II6(c), for an liMIWI as defined in Section 229.1 I 0 (a)(I) or

(0)(2) ofthis Part subject to the emissions limits under Section

229.125(c), as applicable, or Section 229.126(c) ofthis Part.

4

Section 229. II 6:
Electronic Filing - Received, Clerk's Office, 06/13/2011

c) Except as pn)l,.'jded in subsection ((·)(5) of/his Section. mvners or

operators /}']LtV have up to Oc!obet 6,2014. to shut dm-I'n their HlvfnYIs

to avoid being subiect to anv requirement under Part 229. To avail

themselves oOh;s ex/ended compliance timefi"ame, the OVv'l1er or

operator oran HAfIWI shall.

I) Submit its application to the Agene)!. bvJulv 1. 2013~

requesting an extended compliance schedule. pursuant to

Section 395(5)(d) offhe Act, [415 ILCS 5/395(5)(dll This

compliance schedule shall include documentation ofthe

analysis undertaken 10 support the need for an extension

including an explanation ofuJzv the timeU-ame up to October 6.

2014 is sumeient while the timetrame up to Januarv 1, 2014 is

not sufficient, and incremental steps to be taken toward

compliance lvith applicable requirements ofthis Part that;

.li--_Ifan onsite alternative wqste treatment technology is needed to

be installed before the HMIWI is shut down, an application fOr

compliance extension shall include the fOllowing elements of

increments ofprogress and completion date for each step of

progress:

A) Finalize contract with an alternative waste treatment

technology vendor,·

B) Initiate amite construction or installation ofalternative

waste treatment technology:

C) Complete onsite construction or installation or

alternative waste treatment technology:

D) Take the steps described under subsection (h) offhls

Section to demonstrate that the HMIWI has been

rendered permanently inoperable,

3) Iran onsae 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 (hi offhis Section to demonstrate

that the HMIWI has been rendered permanently inoperable.

5
Electronic Filing - Received, Clerk's Office, 06/13/2011

4) I(a petition f(?r compliance extension is granted. the owner or

operator o(an HMIWI as detined in Section 229. I I 0 taif} I or

(a)(2) must continue to como/v with the provisions oOheir

current CAil;> perm;! during the interim.

5) Anv ",,,ncr or operator o(an HMIWI that filils to demonstrate

compliance ~vith this Part bv October 6. 2014, ,,,,hall cease

operation oOlle HAIIWI until compliance \<tifth the provisions

ofthis Part is achieved..

6) Notwithstanding subsection (eif}) o(this Section. all owners or

operators o(HMIWIs shall be in (ull compliance with all ofthe

HMIWI operator provisions Q,[Subpart .I o(this Part bv._

Januarv I. 2014.

3. Section 229.120 CAAPP Permit Reguirements

IPCB: The Agency was requested to clarify if certain sections ofthe proposed rule should

recognize the extended compliance deadline under Section 229.115(b)(2). The Agency's

response clarified that the purpose of a compliance extension is to allow time for

compliance with the new requirements, but it does not preclude the HMIWI trom

complying with the old requirements during the interim.

However, the proposed language does not seem clear on that point. As proposed, the

compliance extension is "to comply with this Part." It doesn't refer to just the new

requirements. The language should be clear that the compliance extension applies only

to the new/amended requirements. Based on that, please review the draft language at

pp.5-6 and indicate what, if any, revisions should be made.

IEPA: The Illinois EPA proposes amending subsection 229. I I5(b) by:

i) Re-numbering subsection (b)(3) as (b)(4);

ii) Re-numbering subsection (b)(4) as (b)(5), and

iii) Revising subsection (b)(2)

iv) Adding a new subsection (b)(3)

Subsections (b)(2) and (b)(3) read as follows.'

2) Except as provided in subsection f1JJi1l f31 ofthis Section ",,,eseotion, the owner

or_operator ofan HMIWI may have up to October 6, 2014, to come into

compliance with the emissions limits under Section 229. 125(cl or 229. 126(c) o(

compl}' 1Ii#l this Part, as applicable. To avail themselves ofthis extended

compliance,timeframe, the owner or operator ofan HMIW1 shall do al-l afthe

lalle',ving:

6
Electronic Filing - Received, Clerk's Office, 06/13/2011

3) Ila petition lor compliance extension is granted, the owner or operator ofan

HMIWI as defined in Section 229110 (010 lor (01(21 must continue to complv

lvith the provisions oftheir current ('AAP permit during the interim.

4, Section 229.150 Compliance with Operating Parameter Values

IPeB: The Agency was asked to clarify language relating to operating parameters to he

monitored, In response, the Agency proposed revised language.

Did the Agency intend to strike the reference to "a selective noncatalytic reduction

system" that was proposed adding in the original proposal? Stat, of Reas, at 11.

Is the selective non-catalytic reduction system no longer a compliance option?

Ifso, please explain why, as the selective non-catalytic reduction system still remains in

proposed 229, 150(b), (e,g, was the strikeout a typo?)

IEPA: The strikeout was not a typo; selective non-catalytic reduction is still an option just like

other control types not listed in the proposed rule, The provision under proposed

subsection 229.150(b) essentially conveys the same information on compliance

requirementfor SNCR operation as in subsections 229.150(0) and 229. 1501<;)(b)

although with more emphasis.

IEPA and STERICYCLE

5. Section 229.115 Compliance Schednles for HMIWIs that will Continue to Operate

IPeB: This question regards the extended compliance schedule proposed under Section

229.115(b)(2).

lEP A and Stericycle were requested to comment on a revised schedule for the

increments of progress. Although IEP A stated that Stericycle did not respond to its

email (!EPA Answers at 4), Stericycle may have believed it was responding to IEPA

and the Board by submitting its response to the HOO on May 23,2011. Stericycle

suggested revisions to lEPA's proposal as well as Stericycle's own original proposal.

The Board's staff noted that Stericycle did not propose an alternate date for step "(iv)

Perform initial startup ofthe retrofitted HMIWI by January 15,2002".

Based on this, please review the draft schedule provided at p, 7 and indicate if both

paJiicipants concur. If not, please specify what, mutually agreeable revisions should be

made, Ifthere is no agreement, each participant should be prepared to state its own

position.
Electronic Filing - Received, Clerk's Office, 06/13/2011

JEPA. The JIIinais EPA reviewed the pertinent parts ofthe rule and, in conjunction with

Stericycle, developed a new timeline which was submitted as Exhibit 2 at the June 8, 20J J,

hearing in Clinton.
Electronic Filing - Received, Clerk's Office, 06/13/2011

7

Draft Rule Revision Language for Review and Concurrence or Revision by IEPA and

Stericycle:

(Prepared by Board's staff)

IPCB: The rulemaking language drafted below in bold underline reflects possible changes to

tbe IEPA's proposal. All provisions are codified at 35 III. Adm. Code:

229.115(b)(2)

Except as provided in paragraph (3) ofthis subsection, the owner or operator of

an HMIWI may have until October 6, 2014, to comply with the amended

requirements of this Part, but must continue to comply with the provisions

of their current CAAP permit during the interim. To avail themselves ofthis

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

following:

IEPA: See response to Question #3 above.

IPCB: Section 229.115Ib)13)

ill

(8)

Any owner or operator of an 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; or

Any owner or operator of an HMIWI pursuing the

extended compliance timeframe under snhsection (b)(2) of

this Section that chooses to permanently shut down the

HMIWI will comply with the requirements of Section

229,116.

IEPA: See response to Question #2 above.

IPCB: 229,116 (a)m

On or before October 6, 2014, for an HMIWI as defined in Section

229.110(a)(1) or (a)(2) of this Part subject to the emissions limits under

Section 229.12Slc), as applicahle, or Section 229,126Ic) ofthis Part, which

had pursued the extended compliance timeframe pursuant to Section

229.115(b)(2).

IEPA: See response to Question #2 above.

IPCB: Section 229. I20Ia)(2)

By January 1,2014, except as provided for in Section 229.115Ib)(2)(A) of this

Part, for an HMIWI as defined in Section 229.11 O(a)(I) or (a)(2) ofthis Part.

IEPA: All HMIWls are required to operate under a Title Vpermit requirement by January I,

2014 even ifthey are operating under a compliance extension provision.
Electronic Filing - Received, Clerk's Office, 06/13/2011

8

lPCB: Section 229. 125Js.)

On or after January 1,2014, except as provided for in Section 229.115(b)(2),

each owner or operator ofa small, medium, or large HMlWI as defined in

Section 229.1 IO(a)(!) and (a)(2) ofthis Part ...

IEPA: The Illinois EPA proposes amending subsection 229.1 25(e) to read as/i)llows:

c) On or ajier January 1. 2014. except as provided (i,r in Section 229.1I5(b)(3)

or Section 229.1 16(e)(4). as applicable, each owner or operator ofa small,

medium, or large HMIWI as dejined in Section 229.110(a)(I) or (a)(2) ofthis

Part, shall comply with theji)llowing emissions limits:

IPCB: Section 229. 126(c)

On or after January I, 2014, except as provided for in Section 229.115(b)(2),

a rural HMIWl, ..,

IEPA: The Illinois EPA proposes amending subsection 229.126(c) to read asfollows:

c) On or after January 1, 2014, except as provided (or in Section 229.115(b)(3)

or Section 229.1 16(c)(4), as applicable. a rural HMIWI as defined in Section

229110(a)(l) or (0)(2) of/his Part, shall comply with thefollowing emissions

limits:

IPCB: Section229.162(e)andiD

On or after January 1,2014, except as provided for in Section 229.115(b)(2),

the owner or operator ..,

1EPA: All HMIW1s are required to comply with annual equipment inspection and air pollution

control device inspection requirements effective January 1, 2014 even ifthey are

operating under a compliance extension provision.

IPCB: Section 229,1 66(a)(2)

On or after January 1,2014, except as provided for in Section 229.115(b)(2),

for a small, medium or large HMIWI, ...

1EPA: The Illinois EPA proposes amending subsection 229.166(a)(2) to read asfollows:

2) On or ajicr January 1,2014, except as provided (or in Section 229.1I51b)(]) or

Section 229.1 16(c)(4), for a small, medium or large HM1W1, and a rural

HM1WI that is_equipped with an air pollution control device(s).

IPCB: Section 229.1 68(a)(2)
Electronic Filing - Received, Clerk's Office, 06/13/2011

On or after January 1,2014, except as provided for in Section 229,115(b)(2),

fi,r a rural HMIWL ",

IEPA: The Illinois EPA proposes amending subsection 229.168(a)(2) to read asfollows:

9

2) On or after JanuGlY 1, 2014, except as provided fiJI' in Seclion

229. 115(bl(3) or Section 229. 116(c)(41 fiJI' a rural HMIWIthat is not

equipped with an air pollution control device(s).

IPCB: Section 229. I84(b)(2)

On or after January I, 2014, except as provided for in Section 229, 115(b)(2),

the test data and values ".

IEPA: The Illinois EPA proposes amending subsection 229. 184(b)(2) to read asfollows:

2) On or afler January 1, 2014, except as provided for in Seclion

229. 115(bl(3) or Section 229. 116(cI(4). applicable Ihe lest data and

valuesfor the site-specific operating parameters established pursuant

to Section 229. 142(b)(3), (4) or (5), as applicable, and a description,

including sample calculations, ofhow the operating parameters were

established during the initial performance testfor an HMIWIsubject to

the emissions limits under Section 229. 125(c) or (el, or Section

229.126(c) ofthis Part,

[PCB: Section 229. I84(c)(2)

By January 1,2014, except as provided for in Section 229,115(b)(2), and by

January 1 of each year thereafter, ".

IEPA: The Illinois EPA proposes amending subsection 229. 184(c)(2) to read asfollows:

2) By January 1, 2014 and by JanuGlY 1 ofeach year thereafter, except as

provided fOr in Section 229. 115{b)(31 or Section 229. 116(c)(4),

applicable,for an HMIWI subject to the emissions limits under Section

229. 125(c) or Section 229. 126(c) ofthis Part; and

[PCB: Section 229. I84(c)(3)(8)

On or after January 1,2014, except as provided for in Section 229,115(b)(2),

the values for site-specific ".

IEPA: The Illinois EPA proposes amending subsection 229. 184(c)(3)(B) to read asfollows:

B) On or after January 1,2014, except as provided for in Section

229.115(b!(3) or Section 229.116([')(4), applicable, the valuesfor sitespecific operating parameters established pursuant to Section

229. 142(b)(3), (4) or (5) ofthis Part, as applicable;
Electronic Filing - Received, Clerk's Office, 06/13/2011

10

Draft Schedule for Review and Concnrrence or Revision by !EPA and Stericycle:

(Prepared by Board's stajj)

35 HI. Adm. Code 229.115(b)(2)

A) Submit CAAPP application to the Agency, on or before Januarv 1,

2013."

B) Meet the followillR-UJcre!.J1ents of progress by the.<:JJ!~? indicated:

i) Finalize all contracts for the purchase of either pollution control

equipment process modification or control systems by August 1,

2012;

ii) Commence the implementation ofeither the process modifications

or the necessary construction or installation of air pollution control

devices for the HMIWI by March 1,2013;

iii) Complete either the process modifications or the installation or

construction ofthe new air pollution control equipment by

September 1. 2013;

iv) Perform initial startup ofthe retrofitted HMIWI by June 21. 2014;

and

v) Complete the initial performance test in accordance with Section

229,142 ofthis Part by October 6, 2014,
Electronic Filing - Received, Clerk's Office, 06/13/2011

STATE OF ILLINOIS

COUNTY OF SANGAMON

)

)

)

SS

O~RTlFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached,

ILLINOIS EPA ANSWERS AND SECOND ERRATA TO OUESTIONS REGARDING

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS upon the following persons:

John Therriault, Acting Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

Chicago, Illinois 60601-3218

Matthew Dunn, Chief

Division of Environmental Enforcement

Office ofthe Attorney General

James R. Thompson Center

100 West Randolph St., Suite 1200

Chicago, IL 60601

Mitchell Cohen, Chief Legal Counsel

Illinois Dept. ofNatural Resources

One Natural Resources Way

Springfield, IL 62701

Dated: June 13, 20 II

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Kathleen Crowley, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

Chicago, IL 60601-3218

Selin Hoboy, Vice President

Legislative & Regulatory Affairs

Stericycle, Inc.

303 S. Broadway PMB 105

Denver, CO 80209

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

/s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel
IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL. ADM. CODE )

PART 229: HOSPITAUMEDICAU )

INFECTIOUS WASTE INCINERATORS )

Updated June 28, 2011

R 11-20 (Rulemaking U::;'1eI,_

1,062811

rotection Engineer, Air Quality

lironmental Protection Agency

t;admitted into record as if L --1

Testimony of Dixon N

Planning Planning Secti

(IEPA)(4 page testimo

read)

Exhibit I

Exhibit 2 Amendments Agreed to by IEPA & Stericycle to 35 III. Adm. Code 229.115

"Compliance Schedules for HMIWIs That Will Continue to Operate (2 page

document dated 6/8111, further agreed to change in Sec. 229.1I5(b)(2)(B)(vii) on

p. 2, strike-through initialed by hearing officer)

Exhibit 3 IEPA Answers and First Errata to Questions Regarding HospitallMedical/

Infectious Waste Incinerators, filed 5/25/2011(excluding Exhibit A-H) (12-pages)

Exhibit 4 Stericycle Inc. Testimony on Amendments to 35 Ill. Adm. Code Part 229:

HMIWI, filed 2/22/201 I(6-page letter signed by Selin Hoboy, VP Legislative and

Regulatory Affairs)

Exhibit 5 Stericycle Inc. Testimony on Amendments to 35 Ill. Adm. Code Part 229:

HMIWI, filed 5/231201 I(3-page letter signed by Selin Hoboy, VP Legislative and

Regulatory Affairs)

Exhibit 6 6/23/2011 Hearing officer order in RII-24addressing questions to IEPA and

Stericycle re respective filings of 5/25/2011 & 5/23, 2011 (9-pages)

Exhibit 7 IEPA Answers and Second Errata to Questions Regarding Hospital/Medical/

Infectious Waste Incinerators, filed 6/1312011 (13 pages)

Hearing was completed on June 28, 2011.

All public comments must be received by the Board by 4:30 p.m. August 16,2011.
IEPh, AnhCH~E"!! r\ ..~~-

Page 1

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

AMENDMENTS TO 35 ILL. ADM. CODE

PART 229: HOSPITAL/MEDICAL/

INFECTIOUS WASTE INCINERATORS

Rll-20

(RulemakingAir

REPORT OF THE PROCEEDINGS held in the

above entitled cause before Hearing Officer

Kathleen Crowley, called by the Illinois Pollution

Control Board, taken by Steven Brickey, CSR, for

the State of Illinois, 100 West Randolph Street,

Chicago, Illinois, on the 28th day of June, 2011,

commencing at the hour of 11:00 a.m.

L.A. COURT REPORTERS, LLC. (312) 419-9292
Page 2

A P PEA RAN C E S

MS. KATHLEEN CROWLEY, Hearing Officer

MS. CARRIE ZALEWSKI

MS. ALISA LIU

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

BY: MR. CHARLES MATOESIAN

MR. DIXON NWAJI

STERICYCLE

303 South Broadway

Suite 200

Denver, Colorado 80209

(847) 943-6685

BY: MS. SELIN HOBOY

MR. RICK GABEY

REPORTED BY:

Steven J. Brickey, CSR

CSR License No. 084-004675

L.A. COURT REPORTERS, LLC. (312) 419-9292
1

Page 3

MS. CROWLEY: Good morning. As you

2 know, my name is Kathleen Crowley and I'm the

3 assigned Hearing Officer in this proceeding. This

4 is the second of two presently scheduled hearings

5 being conducted by the Illinois Pollution Control

6 Board In The Matter of: Amendments to 35 Illinois

7 Administrative Code Part 229:

8 Hospital/Medical/Infectious Waste Incinerators.

9 Docket Rll-20. At today's hearing, the Board will

10 conclude its receipt of testimony on the merits

11 and economic effect of the Illinois Environmental

12 Protection Agency's December 23rd regulatory

13 proposal.

14 The proposed rules basically

15 tighten up Illinois' rules to be consistent with

16 US EPA rules. Seated to my immediate left is

17 Carrie Zalewski, who is the Board Member

18 coordinating this proceeding. Seated to my

19 immediate right is Alisa Liu, an environmental

20 scientist with the Board. Looking at the room in

21 addition to the three of us from the Board there

22 are four persons that I know who are associated

23 with the parties. So we'll just eliminate some of

24 the usual opening statements and I'll ask everyone
Page 4

1 here to introduce themselves for the record

2 starting with Mr. Matoesian.

3 MR. MATOESIAN: Thank you. I'm

4 Charles Matoesian and I'm appearing for the

5 Illinois Environmental Protection Agency and with

6 me I have Mr. Dixon Nwaji, who is the

7 environmental protection engineer and can answer

8 any questions the Board has.

9 MS. CROWLEY: And we'll remind you

10 you were placed under oath.

11 MR. GABEY: Rick Gabey, regional

12 operation's director for Stericycle.

13 MS. HOBOY: Selin Hoboy, vice

14 president legislative and regulatory affairs

15 Stericycle.

16 MS. CROWLEY: Great. As always,

17 there are a couple of things we need to get put on

18 the record. We conducted the first hearing on

19 June 8th. To streamline hearings, I issued

20 Hearing Officer orders on February 1st, May 23rd

21 and June 3rd. The orders asked persons to

22 pre-file testimony and to answer questions

23 developed by the Board's staff. The only two

24 entities who provided testimony have been the
Page 5

1 Agency and Stericycle. The Agency and Stericycle

2 presented testimony and addressed questions at the

3 first hearing. The transcript of that hearing was

4 filed on June 9th, 2011, and entered into the

5 Board's electronic docketing system.

6 Additionally, the Agency agreed

7 to answer some questions in writing. On June

8 13th, the Agency electronically filed a document

9 entitled Illinois EPA Answers and Second Errata to

10 Questions Regarding Hospital/Medical/Infectious

11 Waste Incinerators. Consistent with what we did

12 at the first hearing, I'm going to mark and enter

13 a copy of that document as Exhibit 7.

14 Also, I would like to note for

15 the record that we very much appreciated the fact

16 that the folks from the Agency made this filing

17 early in the day so that we had additional time to

18 work with it and to put together a quality

19 document for review by the Board before its June

20 16th Board meeting.

21 On June 16th, the Board adopted

22 its first notice opinion and order. The order

23 included the text of the Agency's proposal as

24 amended by the Agency and its May 25th and June
Page 6

1 13th, 2011, errata sheets and contains the

2 compliance dates agreed to by Stericycle at its

3 first hearing. Publication of the first notice

4 proposal should occur soon. We're currently

5 expecting that will happen July 1st unless we get

6 pushed back in the publishing queue for whatever

7 reason. We haven't received any pre-filed

8 testimony for today's hearing so we'll allow first

9 the Agency and then Stericycle to say anything

10 else you may wish the Board to take into

11 consideration on the merits of the proposal, the

12 economic effects or anything else. Mr. Matoesian?

13 MR. MATOESIAN: The only -- I have

14 nothing except we were going to go when we get

15 back to the office check out a cross site on one

16 of the pages where there might be an error. We're

17 not sure and they pointed it out, but it's so long

18 that we're going to have to look at it in depth at

19 home or the office. So we'll submit a written

20 errata three if it's necessary.

21 MS. HOBOY: This is Selin Hoboy for

22 the record. The reference that he is talking

23 about is on page 42 of the opinion by the Board

24 and the exception leads us to have to test by
Page 7

1 January 1st, 2014, as opposed to the way the

2 section reads. So that we would be testing and

3 everything would be complete by October 4th of

4 2014. So it's just -- I think it's just a

5 typographical error quite honestly.

6 MR. MATOESIAN: You're referring to

7 115(a)2(b)5?

MS. HOBOY:

MS. CROWLEY:

8

9

Yeah.

We can go off the

10 record for a minute if you guys want to look at

11 it.

12 (Whereupon, a discussion was had

13 off the record.)

14 MS. CROWLEY: Back on the record.

15 There is no one else here and so if no one else

16 has any comments they want to make we'll go to the

17 ever poplar what happens next part of this.

18 MS. HOBOY: I just have one

19 additional comment for the record. Exhibit 7 that

20 was submitted on June 13th from the Illinois EPA

21 on page 10 where they have the draft schedule for

22 review and recurrence I just want to make sure

23 that we're on the record to state that Illinois

24 Code 229.115(b)2(A) submit CAAPP application to
Page 8

1 the Agency on or before January 1, 2013, that was

2 just a typo I think and it is correct in the

3 Board's opinion. It should read 2012 and it does

4 read 2012 in the opinion and then under the same

5 section.

6

7

8

9

10

MS. CROWLEY: Just before we - -

MS. HOBOY: Sorry.

MS. CROWLEY: Go ahead.

MS. HOBOY: And just before

MS. CROWLEY: Sorry. Would you mind

11 making that change on the exhibit and initialing

12 it, Mr. Matoesian?

13 MR. NWAJI: I'd like to look at this

14 again because if somebody is not around I didn't

15 know what happened to this.

16 MS. LIU: I believe on page 10 it

17 was the draft schedule prepared by the Board

18 staff. It wasn't the one that you had

19 collaborated on. So this was correct. The Board

20 had prepared this for your consideration and then

21 you guys collaborated on a different schedule and

22 presented it at the hearing. So that was when the

23 date had changed was during your negotiations.

24 MS. HOBOY: So it was my
Page 9

1 misunderstanding in reading this that this wasn't

2 what they proposed and submitted.

3 MS. LIU: No. They just cut and

4 paste from the Board's Hearing Officer order into

5 here and then they provided their response so

6 that's what that is.

7 MS. HOBOY: And same with the

8 perform the initial --

9 MS. CROWLEY: We have too many

10 people talking at the same time.

11 THE COURT REPORTER: Can you start

12 from the beginning?

13 MS. HOBOY: This was cut and pasted

14 you're saying?

15 MS. LIU: From the Board's June 3rd

16 Hearing Officer order proposing the schedule for

17 you guys to discuss so that's simply what that is.

18 MR. MATOESIAN: I think you're right

19 if I remember right now.

20 MS. LIU: The schedule you actually

21 agreed upon was Exhibit 2 from the last hearing.

22

23

MS. HOBOY: Okay.

MS. LIU: And that's the one you

24 want to make sure is correct and the date on
Page 10

1 that -- that one actually didn't include

2 MS. HOBOY: The CAAPP.

3 MS. LIU: 229.115(b)2(A), but I

4 believe I asked you that at the hearing.

5 MS. HOBOY: Yes, and we confirmed

6 that January 1, 2012, would be acceptable.

7 MS. CROWLEY: Let's go off the

8 record.

9 (Whereupon, a discussion was had

10 off the record.)

11 MS. CROWLEY: Let's go back on the

12 record. So is it correct, Mr. Matoesian, that 35

13 Ill. Adm. Code 229.115(b)2(A) submit CAAPP to the

14 Agency on or before January 2012 is what was

15 intended?

16 MR. MATOESIAN: Yes, that's what was

17 intended.

18 MS. CROWLEY: And I will ask you to

19 make that change on my exhibit and initial it.

20 MR. MATOESIAN: Yes. Thank you.

21 MS. CROWLEY: Did you have anything

22 else, Ms. Hoboy?

23 MS. HOBOY: If the assumption is

24 this is what was prepared by the Board staff, then
Page 11

1 the corrected information is in the Board's

2 opinion as far as the dates are concerned because

3 the only other one was under that same section

4 little four and it said June 21st, 2014, and it

5 should be June 1st, 2014 which is already in the

6 Board's opinion.

7 MS. CROWLEY: But I will ask if you

8 make those corrections, Mr. Matoesian, it just

9 keeps things cleaner.

10

11

MS. LID: Can we go off the record?

MS. CROWLEY: Yes.

12 (Whereupon, a discussion was had

13 off the record.)

14 MS. CROWLEY: If we go back on the

15 record. Again, try to go at it another way. Do

16 the Agency and Stericycle agree that the dates as

17 contained in the Board's June 16th opinion and

18 order are the way you would like to have the rule

19 read?

20 MR. MATOESIAN: Yes.

21 MS. HOBOY: Yes.

22 MS. CROWLEY: That's a yes from

23 both. Anything else? Then the last thing we have

24 to do today is set a date for the closing post
Page 12

1 hearing comments.

2 As we explained last time we got

3 together, the Board must follow the rulemaking

4 steps under the Environmental Protection Act and

5 under the Illinois Administrative Procedures Act

6 or APA. The APA requires that the Board publish

7 proposed rules in the Illinois Register and

8 receive written public comments for at least 45

9 days after publication. Assuming a July 1st

10 publication, the period begins on July 2nd and

11 ends August 16th. Section 102.108(b) of the

12 Board's procedural rules also provides that the

13 Board will accept comments for 14 days after the

14 receipt of the hearing transcript or any other

15 date set by the Hearing Officer.

16 Transcripts are due under a

17 standard reporting contract by the eighth business

18 day after a hearing. Here, that would be July 1st

19 and so the 14 day due date under 102.108 would be

20 July 15th, but the APA public comment period runs

21 through and includes Tuesday, August 16th. So

22 we'll set the date for the end of the comment

23 period as Tuesday, August 16th.

24 I'd ask that comments be in the
Page 13

1 Board's office by that date either electronically

2 or by mail and that the mailbox rule will not

3 apply. If possible, we'd appreciate the filing of

4 closing comments by the Agency and Stericycle in

5 advance of that date if you can. We know it's

6 summer, though. The Board's next scheduled

7 meeting dates after the close of the public

8 comment period on August 16th are; August 18th,

9 September 1st and September 15th.

10 We would like to have the option

11 of adopting a second notice of opinion and order

12 on the earliest date if we can. And as I

13 explained before, the Board is required by the APA

14 to submit rules to the Joint Committee on

15 Administrative Rules or JCAR. Once JCAR has

16 received the rules, the Board can only make

17 changes in response to JCAR comments. JCAR has 45

18 days to review the rules. If JCAR approves the

19 rules, only then can the Board adopt the final

20 rules and file them.

21 As we noted when the -- when we

22 spoke previously, the Agency would like to have a

23 rulemaking complete so that it can have an

24 application for revision of the State
Page 14

1 Implementation Plan including these rules to US

2 EPA no later than October 6th. We believe it may

3 still be possible to achieve the goal. We will be

4 working towards it and so I'll ask if there are

5 any other questions? No questions.

6 MS. ZALEWSKI: We appreciate

7 everyone's participation and cooperation. Thank

8

9

you.

MS. CROWLEY: Thank you, all, very

10 much and I'm sorry for your long drive, but I

11 believe we finished this up for today.

12

13

14

15

16

17

18

19

20

21

22

23

24
Page 15

1 STATE OF ILLINOIS

2 SS.

3 COUNTY OF COOK

4

5 I, Steven Brickey, Certified Shorthand

6 Reporter, do hereby certify that I reported in

7 shorthand the proceedings had at the trial

8 aforesaid, and that the foregoing is a true,

9 complete and correct transcript of the proceedings

10 of said trial as appears from my stenographic

11 notes so taken and transcribed under my personal

12 direction.

13 Witness my official signature in and for

14

15

16

17

18

19

Cook County, Illinois, on this

~~d- ' A.D., 2011.

day of

20

21

22

23

24

STEVEN BRICKEY, CSR

8 West Monroe Street

Suite 2007

Chicago, Illinois 60603

Phone: (312) 419-9292

CSR No. 084-004675
Page 16

-- A already 11::' basIcally changes Cook 15:-',14 i depth6:1X ---

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accept 12: 13 5:24 5:198:1,6,9 4:4 coordinating different

acceptable Amendme... 10:1413:13 check 6:15 3:18 8:21

10:6 1:23:6 beginning Chicago 1:1 0 copy 5:13 direction

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IEPA ATTACHMENT No.2

OFFICE OF THE SECRETARY OF STATE

JESSE WHITE' Secretary of State

June 23, 2011

POLLUTION CONTROL BOARD

JOHN THERRIAULT ASSISTANT CLERK

100 W RANDOLPH ST, STE 11-500

CHICAGO,IL 60601

Dear JOHN THERRIAULT ASSISTANT CLERK

Your rules Listed below met our codification standards and have been published in Volume 35,

Issue 27 of the Illinois Register, dated 711/2011.

PROPOSED RULES

Organic Material Emission Standards and Limitations for the Chicago Area

35 Ill. Adm. Code 2 I8

Point ofContact: Nancy Miller

Organic Material Emission Standards and Limitations for the Metro East Area

35 Ill. Adm. Code 219

Point ofContact: Nancy Miller

HospitaVMedicaVlnfectious Waste Incinerators

35 Ill. Adm. Code 229

Point ofContact: Nancy Miller

10189

10207

10224

-R 11-23 (4)

fZ /1- 23 (4 )

? 11- 2 V

If you have any questions, you may contact the Administrative Code Division at

(217) 782 -7017.

Index Department - Administrative Code Division - III East Monroe Springfield, IL 62756
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

I) Heading ofthe Part: HospitallMedicaIlInfectious Waste Incinerators

2) Code Citation: 35 Ill. Adm. Code 229

3) Section Numbers:

229.100

229.102

229.1 04

229.110

229.112

229.115

229.116

229.120

229.125

229.126

229.130

229.142

229.146

229.148

229.150

229.152

229.154

229.156

229.158

229.160

229.162

229.166

229.168

229.180

229,182

229.184

229.APPENDIX B

229.APPENDlX C

Proposed Action:

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Repeal

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

4) Statutory Authority: Implementing Section 10 and authorized by Sections 27, 28, and

28.5 ofthe Environmental Protection Act [415 ILCS 5110, 27, 28, and 28.5]

5) A Complete Description ofthe Subjects and Issues Involved:

RECEIVED

'jUN 20 2011

80S-CODE DIV.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

A lengiliier description ofthis rulemaking to date is contained in the Board's first notice

opinion and order in Amendments to 35 Ill. Adm. Code Part 229:

Hospital/Medical/Infectious Waste Incinerators (HMIWI), R11-20 (June 16, 2011). The

proposed rules are based on a proposal filed December 23,2011 by the IHinois

Environmental Protection Agency (!EPA). They reflect amendments adopted by the

United States Environmental Protection Agency (USEPA) to tighten up federal air

quality standards, including new source performance standards and emissions guidelines.

The proposed rules are more stringent than existing rules, and have a January 1, 2014

compliance date. The lEPA reports Illinois currently has only one HMIWI facility to

which the new rules would apply: the Stericycle, Inc. facility located in Clinton, DeWitt

County. The Board has held a hearing on the proposed rules on June 8, 2011. Stericycle

testified that it believed it could come into compliance by the various interim dates set in

the rules.

IfIllinois does not adopt rules as state law, USEPA will act instead. 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). Section 129(b)(3) ofthe federal Clean Air Act (CAA), 42

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

two years offederal rule promulgation ofrules i.e. by October 6, 2011, unless the states

adopt an approvable State Implementation Plan (SIP) revision containing the new

incinerator rules..

6) Published studies or reports, and sources ofunderlying data, used to compose this

rulemaking:

a) Standards ofPerformance for New Stationary Sources and Emission Guidelines

for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final

Rule. 62 Federal Register 48348, September 15,1997.

b) Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 1999)

c) Standards ofPeiformance for New Stationary Sources and Emission Guidelines

for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final

Rule. 74 Federal Register 51368, October 6, 2009.

d) Sierra Club v. EPA, 551 F.3d 1019 (DC Circ. 2008) (SSM Exemption). (Docket

10 No.: EPA-HQ-OAR-2006-0534).

e) Thomas Holloway, January 12, 2007.MACT Performance Datafor HMTWI
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Facilities (Docket ID No.: EPA-HQ-OAR-2006-0534)

f) Thomas Holloway, July 6, 2009. Revised Compliance Costs and Economic Inputs

for Existing HMIWI (Docket ID No.: EPA-HQ-OAR-2006-0534)

g) Medical Waste Incinerators - Background Information for Proposed Standards

and Guidelines: Control Technology Performance Reportfor New and Existing

Facilities U.S. Envirorunental Protection Agency. July 1994. (Docket ID No.

EPA-453/R-94-044a).

h) Medical Waste Incinerators - Background Information for Proposed Standards

and Guidelines: Model Plant Description and Cost Reportfor New and Existing

Facilities U.S. Envirorunental Protection Agency. July 1994. (Docket ID No.

EPA-453/R-94-045a).

i) Stericycle, Inc. Waste Management Plan. Submitted to Illinois EPA as an

attachment to annual performance test results.

j) Response to Information Collection Request. Stericycle, Inc. December 20,

2007. (Docket ID No. EPA-HQ-OAR-2006-0534)

k) Guidelinesfor Protecting the Safety and Health ofHealth Care. The National

Institute for Occupational Safety and Health (NIOSH). Publication No. 88-119.

September 1988.

I) Stericycle, Inc. Environmental Responsibility.

http://www.stericycle.comlmedical-waste-disposallhea1th-safety.html

Assessed on March 10,2010.

m) Economic Impacts ofRevisedMACT Standardsfor Hospital/Medical/Irifectious

Waste Incinerators. Katherine Heller, et al. July 2009. (Docket ID No. EPAHQ-OAR-2006-0534)

n) Illinois Envirorunenta1 Protection Act (415 ILCS 5/et seq.).

0) Clean Air Act (42 U.S.C. 7401 et seq.).

7) Will these proposed amendments replace an emergency rule currently in effect? No.

8) Does this rulemaking contain an automatic repeal date? No.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

9) Do these proposed amendments contain incorporations by reference? Yes. See 35 III.

Adm. Code 229.104,"Incorporations by Reference

10) Are there any other proposed amendments pending on this Part? No.

11) Statement of Statewide Policy Objectives: This proposed rule does not create or enlarge

a State mandate, as defined in Section 3(b) ofthe State Mandates Act. [30 ILCS 805/3(b)

(2006)].

12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking:

The Board wil! accept written public comments on l.ltis proposal for a period offorty-five

(45) days after the date ofpublication in the Illinois Register. Comments should

reference Docket Rll-20 and be addressed to:

Clerk's Office

Illinois Pollution Control Board

James R, Thompson Center, Suite 11-500

100 W. Randolph St.

Chicago, IL 60601

The Board will accept oral public comment at the second hearing in this docket, set for:

June 28,2011, at II :00 at James R, Thompson Center, Room 11-512, 100 W. Randolph

St., Chicago 11. Persons interested in testifying should contact the hearing officer,

Kathleen Crowley, at 312-814-6929,

Interested persons may obtain copies ofthe Board's opinion and order by downloading it

from the Board's Web site at www.ipcb.state.il.us or by calling the Clerk's office at 312-

814-3620.

13) Initial Regulatory Flexibility Analysis: !EPA reports that there is only one source

affected in Illinois: Stericycle, Inc. in Clinton, DeWitt County. Stericycle does not

identifY itself as a small business.

14) Regulatory Agenda on which this rulemaking was summarized: January 2011

The full text ofthe Proposed Amendments begins on the next page:
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

Section

229.110

229.112

Section

229.115

229.116

Section

229.120

Section

229.125

229.126

Abbreviations

Definitions

Incorporations by Reference

SUBPARTB: APPLICABILITY

General Applicability

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Compliance Schedules for HMIWls That Will Continue to Operate

Compliance Schedules for HMIWIs That Will Shut Down

SUBPART D: CAAPP PERMIT REQUIREMENTS

CAAPP Permit Requirements

SUBPART E: EMISSION-S. LIMITS

Emission~ Limits for Small, Medium, and Large HMIWIs

Emission~ Limits for Rural HMIWIs
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed)

Section

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

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Section

229.142

229.144

229.146

229.148

229.150

229.152

229.154

229.156

229.158

229.160

229.162

229.164

Section

229.166

229.168

Section

229.170

229.172

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Performance Testing and Establishment of Operating Parameters for All

HMIWls

Subsequent Performance Testing for All HMIWIs

Annual Testing for Opacity

Annual Performance Testing for All Small, MeailllR ana Large HMIWIs

Compliance with Operating Parameter Values

Compliance Requirements for HMIWls Using CEMS

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

Violations by HMIWIs Equipped with a Wet Scrubber

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

and a Wet Scrubber

Compliance Requirements for Rural HMIWIs

Inspection Requirements for All Rural HMIWIs

Optional Performance Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for All Small, Meaium, ana Large HMIWls

Monitoring Requirements for Rural HMIWIs

SUBPART J: REQUIREMENTS FORHMIWI OPERATORS

Operator Training and Qualification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWIs
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section

229.176

229.178

229.180

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 HMIWI

Waste Management Requirements for Commercial HMIWIs AeeejJting Waste

Generated Off Site

Waste Management Plan Requirements for Other HMIWIs

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Recordkeeping Requirements

Reporting Requirements

229.Appendix A

229.Appendix B

229.Appendix C

Toxic Equivalency (TEQ) Factors

Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Reference Test Methods and Procedures for Performance Tests

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

Environmental Protection Act (4151LCS 5110,27,39 and 39.5)

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

Illinois Environmental Protection Act [415 ILCS 5]

Illinois Environmental Protection Agency

Illinois Pollution Control Board

British thermal units

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

Cadmium
ILLINOIS REGISTER

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CEMS

CO

Elsef

6-S€m

ft'

gr/l03 dscf

gr/l09 dscf

grldscf

HCI

Hg

HMIWI

hr

lb(s)

mgldscm

mg

ng/dscm

NO,

Pb

PM

ppmv

S02

TEQ

USHA

Continuous Emissions Monitoring System

Carbon monoxide

dry standard 6\ieie feet

dry standard elleie meter

6ueie feet

grains per thousand dry standard cubic feet

grains per billion dry standard cubic feet

grains per dry standard cubic foot

Hydrogen chloride

Mercury

HospitallMedicallInfectious Waste Incinerator

hour

pound(s)

milligrams per dry standard cubic meter

milligrams

nanograms per dry standard cubic meter

Nitrogen Oxide

Lead

Particulate matter

parts per million by volume

Sulfur dioxide

Toxic equivalent eqllivaleney

United States Environmental Protection Agency

(Source: Amended at 35 Ill. Reg. "effective ~)

Section 229.102 Definitions

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

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

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

ILCS 5/39.5, 35 Ill. Adm. Code 201.102 or 35 Ill. Adm. Code 211.

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

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

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

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

loadings.

"Batch HMIWI" means an HMIWI that is designed in such a way that neither waste
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charging nor ash removal can occur during combustion.

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

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

humans or animals or in research pertaining thereto.

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

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

semen and vaginal secretions.

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

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

equipment.

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

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

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

malignant cells.

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

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

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

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

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

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

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

medical/infectious waste combusted.

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

hospital/medical/ infectious waste generated offsite by firms unrelated to the firm that

owns the HMIWI.

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

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

facility.

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

removal during combustion.
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"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated

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

incorporated by reference in Section 229.I04(d) ofthis Subpart.

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

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

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

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

nonvaporous metals emissions by passing flue gas through filter bags.

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

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

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

president ofsupport services.

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

reaches and maintains maximum operating temperatures.

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

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

therapeutic patient services and continuous nursing care primarily to human inpatients

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

definition does not include facilities maintained for the sole purpose ofproviding nursing

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

continuing medical supervision.

"Hospital/medical/infectious waste incinerator" or "HMIWI" means any device that

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

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

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

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

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

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

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

adverse health impacts in humans.
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"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

"Large HMIWI" means:

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

per hour; or

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

500 lbs per hour; or

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

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

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

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

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

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

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

air pollution control equipment, process equipment, or of a process to operate in a 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 HMIW1, 110 percent ofthe lowest 3-hour average

charge rate measured during the most recent performance test demonstrating

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

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

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E ofthis Part.

"Maximum design waste burning capacity" means:

For intermittent and continuous HMIWI:

C=Pv x 15,000/8,500
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= HMIWI capacity, Ib/hr

primary chamber volume, ft'

primary chamber heat release rate factor, Btulft'/hr

standard waste heating value, Btu/lb;

Where:

C

Pv

15,000 =

8,500 =

For batch HMIWI:

C=Pv x4.5/8

Where:

C

Pv

4.5

8

= HMIWI capacity, Iblhr

= primary chamber volume, ft3

= waste density factor, Ib/ft'

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

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

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

minute) measured during the most recent performance test demonstrating compliance

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

"Maximum flue gas temperature" means 110 percent ofthe lowest 3-hour average

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

measured during the most recent performance test demonstrating compliance with the

applicable Hg emission limit specified in Subpart E ofthis Part.

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

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

production or testing of biologicals. The definition ofmedicallinfectious 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)(l). For the purposes ofthis Part, medicallinfectious waste

includes:

Cultures and stocks ofinfectious agents and associated biologicals, including:

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

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

and stocks ofinfectious agents from research and industrial laboratories; wastes

from the production ofbiologlcals; and discarded live and attenuated vaccines;
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Human pathological waste, including tissues, organs, and body parts and body

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

and specimens of body fluids and their containers;

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

in contact with human blood in any form;

Intravenous bags and associated tubing;

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

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

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

blood vials, and needles with attached tubing;

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

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

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

agents;

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

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

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

testing of pharmaceuticals;

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 lbs

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

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

permit, is more than 200 lbs per hour but less than or equal to 500 lbs per hour; or
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A batch HMIWI whose maximum charge rate, as set by permit, is more than

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

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

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

during the most recent performance test demonstrating compliance with the applicable

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

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

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

recent performance test demonstrating compliance with the applicable Hg emission limit

specified in Subpart E ofthis Part.

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

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

recent performance test demonstrating compliance with the applicable HCI emission limit

specified in Subpart E ofthis Part.

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

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

minute) measured during the most recent performance test demonstrating compliance

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

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

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

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

demonstrating compliance with the applicable PM emission limit specified in this

Subpart E ofthis Part.

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

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

during the most recent performance test demonstrating compliance with the applicable

Hel emission limit specified in Subpart E of this Part.

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

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

measured during the most recent performance test demonstrating compliance with the

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

this Part.

"MinimHm seeondary ehaffieer temperatHfe" means 90 pereent ofthe highest 3 hOHr

average seeondar)' ehameer temperatHfe (taken, at a minimHffi, onee ever)' minHte)

measlffed-ffilring the most reeent performanee test demonstrating eomplianee '.vith the

applieaele PM, CO, and diOldnlfman emission limits speeified ill SHepart E ofthis Paft,

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

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

combusted at any time in an HMIWL

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

periods ofstartup or shutdown.

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

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

material and associated animal bedding, if applicable.

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

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

"Rural HMIWI" means any HMIWI identified in Section 229.110(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, incorporated by reference at

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

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

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

testing).
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"Secondary chamber" means that component of an HMIWI that receives combustion

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

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

chamber.

"Small HMIWI" means:

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

to 200 lbs per hour; or

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

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

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

equal to 1,600 lbs per day.

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

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

activation of an HMIWI and ignition ofthe waste.

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

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

gases.

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

Section 229.104 Incorporations by Reference

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

reference do not include any later amendments or editions.

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

American Society for Healthcare Environmental Services, 840 North Lake Shore

Drive, Chicago, Illinois, 60611 (l993).

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

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

Office of Management and Budget, National Technical Information Services,

5285 Port Royal Road, Springfield, VA 22161. (703) 487-4600.
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c) 40 CFR 60.8.

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

e) 40 CFR 60, Appendices B and F.

fl 40 CFR Appendix A, Methods 3B, 6, 6C. 7, 7E, 22 (2010).

g} 40 CFR 60, subpart Ce and Ec (20 I0).

h2 ANSI/ASME PTC19.10-1981, 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 Society for Testing and Materials (ASTM),

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

(610) 832-9585.

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

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

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

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

SUBPART B: APPLICABILITY

Section 229,110 General Applicability

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

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

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

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

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

December 1, 2008, or for which modification is commenced after March
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16, 1998 but no later than April 6, 20 IO.

Tllis Part applies to all HMIWls for whiell eonstruetion eommeneed eitller on or

eefore ],me 20, 1996, e)(eept as provided for in sueseetions Ee), Ee), Ed) and Ee) of

tllis Seetion and SeetiOf1229.112 oftilis Suepart-o

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

the recordkeeping requirements set forth in Section 229. I82(b), (f) and (g) ofthis

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

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

the HMIWI notifies the Agency ofits intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.115(b)(l), Subpart D of this Part, or Section 39.5 ofthe Act.

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

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in Section~ 229.l82(c), (f) and (g) ofthis Part, provided that the owner or

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

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

wastes listed in this subsection.

d) A co-fired combustor is subject only to the recordkeeping requirements set forth

in Sections 229.182(d), (f) and (g) ofthis Part, provided that the owner or

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

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

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

combustor including an estimate ofthe relative weight of hospital waste,

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

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

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

waste management plan provisions set forth at Section 229.178 ofthis Part.

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

subsection 229.1 10 (a)(1) ofthis Section subject to the emissions limits under

Section 229.l25(a) or Section 229.126(a), shall comply with all the applicable

provisions ofthis Part.

On and after January 1, 2014, an HMIWI as defined in subsection 229.110 (a)(I)
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ofthis Section is no longer subject to the emissions limits under Section

229.125(al or Section 229.126(al of this Part, but is subject to the emissions limits

under Section 229, 125(c) or Section 229.126(c), and shall comply with all the

applicable provisions ofthis Part.

hl. On and after January \, 2014, each owner and operator ofan HMIWI as defined

in subsection 229.110 (a)(2l ofthis subpart is no longer subject to the provisions

under New Source Performance Standards for HospitallMedical/Infectious Waste

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

Section 229.125(c) or Section 229.1 26(c), and shall comply with all the applicable

provisions ofthis Part.

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

Section 229,112 Exemptions

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

requirements ofthis Part:

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

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

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

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

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

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

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

Any HMIWI that meets the applicability provisions for Standards of Performance

for HospitallMedicallInfectious Waste Incinerators under Subpart Ec of40 CFR

60.

AflY HMIWI subjeel 10 lae Sff:mdards (ffPerjim'l1a,~ec .leI'

Hespital/Ucdical/ll'ifectieus Waste 1ncinetatersfer Which Ce!'lStruetien is

Cemmcl?ccdAjicr JUlW 2(), 1996, eolltaifled ifl SulJpart Ee of 4Q CFR 6Q.!iQe.

(Source: Amended at 35 IlL Reg. , effective -')
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SUBPART C: COMPLIANCE SCHEDULES

Section 229.115 Compliance Schedules for HMIWIs That Will Continue to Operate

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

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

229.125(a) or Section 229. I26(a) ofthis Part, shall comply with all the applicable

provisions ofthis Part according to the following schedules:

If!) Except as provided in subsection iillGU fllJ ofthis Section and unless

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

operators ofHMIWIs shall be in compliance with all ofthe provisions of

this Part by September 15, 2000,

~b) Except as provided in subsection illlQ.lWofthis Section, the owner or

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

compliance with this Part. To avail themselves ofthis extended

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

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

November 15, 1999, requesting an extended compliance schedule,

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

This compliance schedule shall include documentation supporting

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

incremental steps to be taken toward compliance with this Part

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

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

.\2;;) Meet the following increments of progress by the dates indicated:

iA) Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by February 29,2000;

liB) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the
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installation or construction ofthe new air pollution control

equipment by August 31, 2001;

ivD) Perform initial startup ofthe retrofitted HMIWI by January

15,2002; and

yB) Complete the initial performance test in accordance with

Section 229.142 ofthis Part within 180 days after initial

startup.

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

with this Part by September 15,2002, shall cease operation ofthe HMIWI

until compliance with the provisions ofthis Part is achieved.

:1:4) Notwithstanding subsection Will E\lj ofthis Section, all owners or

operators of HMIWIs shall be in full compliance with all ofthe HMIWI

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

Q} On and after January 1, 2014, each owner or operator of an HMIWI, as defined in

Section 229.110 (a)m 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) of this

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

following schedules:

D Except as provided in subsection (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 1,

2014.

II 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 229.1 25(c) or

229. 126(c) ofthis Part. To avail themselves ofthis extended compliance

timeframe, the owner or operator of an HMIWI shall:

61 Submit its CAAPP application and construction permit to the

Agency. on or before January 1, 2012, requesting an extended

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

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

documentation supporting the need for an extension, a final control
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plan for the HMIWI and incremental steps to be taken toward

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

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

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

j} Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by August I, 2012;

ill Commence the implementation of either the process

modifications or the necessary construction or installation

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

2013;

ili2 Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by September I, 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 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 I, 2014;

y} Complete the initial performance 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 performance test; and

vii) Submit notification to the Agency within 10 business days

of completing (or failing to complete by the applicable

date) each ofthe increments of progress specified in

subsection (b)(2)(B) ofthis Section. The notification must

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

responsible for the management ofthe HMIWL
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;u If a petition for compliance extension is granted, the owner or operator of

an HMIWI as defined in Section 229.1 10 (a)lI) or (a)(2) must continue to

comply with the provisions of their current CAAP permit during the

interim.

±l. Any owner or operator of an 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.

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

QfHMIWls shall be in full compliance with all ofthe HMIWI operator

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

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

Section 229.116 Complianee Schedules for HMIWls That Will Shut Down

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

means of complying with this Part shall:

!!l Provide the Agency with written notice oftheir intention to permanently

shut down their HMIWI, as follows:

1). On or before November 15,1999, for an HMIWI as defined in Section

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

229.125(a) or Section 229.126(a) ofthis Part;

II On or before January I, 2013, except as provided for in Section

229.l16(C), for an HMIWI as defined in Section 229.110(a)(2) ofthis Part

subject to the emissions limits under Section 229.1 25(c), as applicable, or

Section 229.126(c) ofthis Part.

!il Take the following affirmative steps to demonstrate that the HMIWI has been

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

defined in Section 229.11 O(a)(l), or by January I, 2014 for an HMIWI as defined

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

Provide the Agency with written netioe eftheir intentien te permanently shut

dewn their HMIVll en er before Nevember 15, 1999; and
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Take the following affirmative steps to dem&nstrate that the llMIWI has been

rendered permanently inoperable e)' Septemeer 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) of this Section, owners or operators may

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

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

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

an HMIWI shall:

D Submit their 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,

2014 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;

Ii If an onsite alternative waste treatment technology is needed to be

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

extension shall include the following elements ofincrements of progress

and completion date for each step of progress:

ill Finalize contract with an alternative waste treatment technology

vendor:

ill Initiate onsite construction or installation of alternative waste

treatment technology;

g Complete onsite construction or installation of alternative waste

treatment technology; and
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D) Take the steps described under subsection (b) ofthis Section to

demonstrate that the HMIWI has been rendered permanently

inoperable.

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

installed before an HMIWl 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) of this Section to demonstrate

that the HMIWI has been rendered permanently inoperable.

:u If a petition for compliance extension is granted. the owner or operator of

an HMIWI as defined in Section 229.110 (a)( 1) or (a)(2) must continue to

comply with the provisions oftheir current CAAP permit during the

interim.

i! Any owner or operator of an 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.

21 Notwithstanding subsection (c)(l) ofthis Section. all owners or operators

ofHMIWIs shall be in full compliance with all ofthe HMIWI operator

provisions of Subpart J ofthis Part by January I, 2014.

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

Section 229.120 CAAPP Permit Requirements

ill All HMIWIs 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)(!) ofthis Part; and

21 By January I, 2014, for an HMIWI as defined in Section 229.110 (a)m

or (a)(2) ofthis Part.

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

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

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

follows:
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D By September IS, 2000, except as provided for in Section

229.115(a)(2)(A) ofthis Part, for an HMIWI as defined in Section 229.110

(a)(1) ofthis Part: or

2.} By January l, 2014, except as provided for in Section 229.115(b)(2)(A) of

this Part for an HMIWI as defined in Section 229.110 (a)(I) or (a)(2) of

this Part.

~eetto the emissions limits iR this Part sllall operate pursuaRt to a

CAAPP permit by September 15, 2000,

Fer any HMIWI subjeet to the emissioR limits iR this Part that is first reEjuired to

obtaiR a CAAPP permit beeause it is subjeet to the emissioR limits iR this Part,

the OWRer or operator shall submit a eompleto applieatioR for a CAAPP permit by

September 15, 2000, e){eept as provided for iR SeetieR 229.115(b)(1) ofthis Part.

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

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

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

39,5(5)(h) ofthe Act [415 ILCS 5/39,5(5)(h)].

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

apply:

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

the owner or operator of an HMIWI shall apply for revision to the CAAPP

permit to incorporate the applicable requirements ofthis Part, as follows:

OR or beforo November 15, 1999; or

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

Section 229.110 (a)(1) ofthis Part, and

ill On or before January 1, 2013, for an HMIWI as defined in Section

229.110 (a)(1) or (a)(2) of this Part; or

2) Ifthe CAAPP permit has less than 3 years remaining on the permit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal ofthe permit.
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(Source: Amended at 35 Ill. Reg. _ , effective -.-J)

SUBPART E: EMISSION LIMITS

Section 229.125 Emission~ Limits for Small, Medium, and Large HMIWIs

&)The emission limits in this Section shall apply at all times to HMIWIs identified in Section

229.110(a) at all times, except as provided in Section 229.110(b) ofthis Part, and Section

229.126 ofthis Subpart aBd Subpart F eftllis Part.

ill !3efore January 1, 2014, each owner or operator of a small, medium, or large

HMIWI as defined in Section 229.110(a)(l) ofthis Part, shall comply with the

following emissions limits:

bf The emissiealimits fur small, medilim, aBd large HMIViIs are as fellews:

HMIWI Emissions Limits

Pollntant Units Small Medium Large

17% OXV\!en drY basis)

Particulate Milligrams per dry standard 115 69 34

matter cubic meter (mgldscm) (grains (0,05) (0.03) (0.015)

per dry standard cubic foot

I~r/dscfl\

Carbon Parts per million by volume 40 40 40

monoxide Innmv)

Dioxins/furans Nanograms per dry standard 125(55) 125 (55) 125 (55)

cubic meter total dioxins/furans or or or

(ngldscm) (grains per billion dry 2.3 (1.0) 2.3 (I.Q) 2.3 (1.0)

standard cubic feet (grll 0' dscDl

or n"/dscm TEO 1"1'/1 0' dscfl

Hydrogen (ppmv) or percent reduction 100 or 100 or 100 or

chloride 93% 93% 93%

Sulfur dioxide loomv) 55 55 55

Nitrogen (ppmv) 250 250 250

oxides

Lead mg/dscm (grains per thousand U U 1.2 (0.52)

dry standard cubic feet (gr/l 0.1 (0.52) or CO.52) or or

dscfl\ or nercent reduction 70% 70% 70%

Cadmium mg/dscm (gr/J O' dscD or percent 0.16 0.16 0.16

reduction 10.07) or 10.07) or (0.07) or
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65% 65% 65%

MeIT_llD' mg/dsclTI (grilO' dscD or percent 0.55 0.55 0.55

reduction (0.24) or (0.24) or (0.24) or

85% 85% 85%

HMIWI EMISSION LIMITS

PallutRRt Ynits SmftII Medium bMge

(7% o)(ygen, dry

basts1

-PM mg fler dscm(grains 115 (005) 69 (0,03) 34 (0,015)

:., ,"

GG JlJlffiV 4tJ 4tJ 4tJ

Dio)(ins! Nanograms fler 125 (55) or 125 (55) or 125 (55) or

Furans dscm, total 2.3 (1.0) 2.3 (1.0) 2.3(1.0)

diOJtins/furans

(grains fler billion

dscf), or nanograms

fler dsem TEQ

(grains fler billion

dscf1

HGl jlp~r flercent 100 or 93% 100 or 93% 100 or 93%

reduction

SG;; el*lW

NGJ< el*lW 25{) 25{)

Pb mg fler dscm 1.2 (0,52) 1.2 (0.52) 1.2 (0.52)

(grains fler or 70% or 70% or 70%

thousand dscf) or , ,.:

Gd mg fler dscm 0.16 (0.07) 0.16 (0,07) 0.16 (0.07)

(grains fler or 65% or65% or65%

thousand dsef) or

Hg mg fler dscm 0,55 (0.24) 0,55 (0.24) 0.55 (0.24)

(grains fler or 85% or 85% or 85%

thousand dscf) or , .

Ql No owner or operator of a small, medium, or large HMIWI subject to emission
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limits listed under subsection (a) of this Section shall cause or allow any

emissions that cause greater than 10 percent opacity, as measured on a 6-minute

block average, according to Method 9, 40 CFR 60, Appendix A, inCOrporated by

reference in Section 229.104(d) of this Part, from any stack used by an HMIWI.

£1 On and after January I, 2014, except as provided for in Section 229.115(b)(3) or

Section 229.1I6(c)(4), as applicable, each owner or operator ofa small, medium,

or large HMIWI, as defined in Sections 229.1 10(a)11) and (a)(2) ofthis Part, shall

comply with the following emissions limits, as applicable:

No ovmer or operator of a small, medium, or large IIMIWI shall eause or allow

any emissions that eause greater than 10 pereent opaeity, as measured en a 6

minute eloek average, aeeorsing to Methos 9,40 CPR 60, Appensi)[ A,

ineorporated by referenee at 8eetion 229.104(d) ofthis Part, from any staek uses

by an HMIWL

HMIWI Emissions Limits

Pollutant Units Small Medium Large

17% oxygen drY basis)

Particulate Milligrams per dry standard 66 46 25

matter cubic meter (mgldscm) (grains (0.029) (0.020)" (0.Q1])

per dry standard cubic foot 34

(gr/dscDl (0.0I5)b

Carbon Parts per million by volume 20 5.5 11

monoxide (ppmv)

Dioxins/furans Nanograms per dry standard 1617,0) 0.85 9.3(4.])

cubic meter total dioxins/furans .Q!: CO.37) or or 0.054

(ngldscm) (grains per billion dry 0.013 0.020 CO.024) standard cubic feet (grl1 0' dscfl) CO.0057) CO.0087)

or ng/dscm TEO (gr/1 0' dscf\

Hydrogen (ppmv) 44" 7.7 6.6

chloride 15b

Sulfur dioxide (ppmv) 4.2 4.2 9.0

Nitrogen oxides ,(lWmc} 190 190 140

Lead mgldscm (grains per thousand 0.31 0.018 0,036

dry standard cubic feet (grll OJ illJ12 (0.016)

Qilll.l CO.0079)
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Cadmium mgldscm (grll oj dsct) 0.017 0.013 0.0092

(0.0040)

(0.0074) (0.0057)

Mercury mg/dscm (grl! 0" dsct) 0.014 0.025 0.018

(0.011) (0.0079)

(0.0061)

a Emissions limits for HMIWls as defined in Section 229,110(3)(1) ofthts P!iJ1.

bEmissions limits for HMI WIs as defined in Section 229.11 0(a)(2) ofthis Part.

ill No owner or operator of a small, medium, or large HMIWI subject to emission

limits listed under subsection (c) ofthis Section shall cause or allow any

emissions that cause greater than 6 percent opacity, as measured on a 6-minute

block average, according to Method 9, 40 CFR 60, Appendix A, incorporated by

reference at Section 229.104(d) of this Part, from any stack used by an HMIWI.

On and after the date on which the initial performance test is completed or

required to be completed under Section 229. I42 ofthis Part, whichever date

comes first, no owner or operator of an HMIWI, as defined in Section 229. I 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

of combustion ash from an ash conveying system (including conveyor transfer

points), enclosures of ash conveying systems, buildings, or other sources in

excess of 5 percent ofthe observation period of9 minutes per 3-hour period,

according to Method 22, 40 CFR 60, Appendix A, incorporated by reference in

Section 229.104(d) ofthis Part, except as provided by the following exclusions:

D Visible emissions discharged inside buildings or enclosures of ash

conveying systems; or

Il During maintenance and repair of ash conveying systems.

Maintenance and/or repair shall not exceed 10 operating days per

calendar quarter unless the owner or operator of an HMIWI makes a

request to the Agency in writing for a longer period oftime to complete

maintenance and/or repair, and the Agency approves the owner or

operator's request in writing.

(Source: Amended at 35 Ill. Reg. , effective --')
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Section 229.126 Emission§. Limits For Rural HMIWls

a:)Notwithstanding the emission~ limits set out in Section 229.125 of this Part, any rural HMIWI

shall comply with the emission~ limits set out in subsection (a) or (c) Eb1 of this Section. The

emission~ limits under this Section shall apply at all times, except as provided for in Section

229.110(b) and Subpart F ofthis Part.

\!l Before January 1, 2014, a rural HMIWI as defined in Section 229.110(a)(1), shall

comply with the following emissions limits:

b1 The emissiofi limits for rural HMIWI are as follo'Ns:

Pollutant Units HMIWI Emissions Limits

(7% oxygen, dry basis)

Particulate mg/dscm (gridscfl 197

matter (0.086)

Carbon lW!lY 40

monoxide

Dioxins/furans ngldscl11 total dioxins/lurans 800 (350) or

(gr/1 09 dscfl or ng/dscl11 TEO IS (6.6) (~r/l 0' dscfl

Hydrogen lW!lY 3100

chloride

Sulfur dioxide lW!lY 55

Nitrogen oxides lW!lY 250

Lead mgldscl11 lQ

(gr/l 03 dscfl (4.4)

Cadmium mgldscm 1

(griIO) dscfl LL1l

Mercury mgldscm 7.5

(gr/I 0) dscfl QJ)

I

Pollutant 1·Yn4ts I;:.:gONLIMITS •-=-=-:-----' 5f~::f:at:i~rdsef) •• ~~"i6i
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Dio)(inl nanograms !Jer dscm lolal 800 (350) or 15 (6.6)

fflrallS diQ)(ins/furaas (graias !Jer

billioa dscf), or aanograms !Jer

dscm TEQ (graias !Jer billioa

dse-A

HGt WflW MOO

Sfh WflW

WflW

Ph mg !Jer dscm (graias !Jer 10 (4.4)

thousaad dscf)

Gd mg per dscm (graias !Jer 4-fh1t .,. " ... _r>

Hg mg per dsem (graias !Jer 7.5 (3.3)

thousOfld dscf)

!il No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection Ca) 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, incomorated by reference at Section

229. 104Cd) ofthis Part, from any stack used by an HMIWI.

No owner or operator of a rural HMP,vI shall eause or allow aay emissions lhat

eause greater than 10 percellt opacity, as measured oa a 6 milillte Bloek average,

according to Methed 9, 40 CFR Part 60, Appendi}( A, incorporated by reference at

Section 229.104(d) oflhis Part, from any stack Hsed by an HMIWI.

£1 On and after January 1, 2014, except as provided for in Section 229.115Cb)C3) or

Section 229.116Cc)C4), as applicable, a rural HMIWI. as defined in Section

229.11 OCa)(1) or Ca)C2) of this Part, shall comply with the following emissions

limits:

Pollutant Units Emissions Limits

(7% oxygen, dry basis)

Particulate mgldscm CgrldscO 87

matter (0.038)

Carbon mllilY. 20

monoxide
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Dioxinsffurans ng/dscm total dioxinsffurans 240 (100) or

(grfl 09 dscD or ng/dscm TEQ 5.1 (2.2)

(peril 0' dscD

Hydrogen Jm!llY 810

chloride

Sulfur dioxide Jm!llY 55

Nitrogen oxides Jm!llY 130

Lead mg/dscm 0.50

(grfl 03 dscD (0.22)

Cadmium mg/dscm O.ll

(grfl 03 dscD (0.048)

Mercury mg/dscm 0.0051

(grfl 0' dscD (0.0022)

ill No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (c) ofthis Section shall cause or allow any emissions that cause greater

than 6 percent opacity, as measured on a 6 minute block average, according to

Method 9,40 CFR Part 60, Appendix A, incomorated by reference at Section

229.104(dl ofthis Part, from any stack used by an HMIWI.

On and after the 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 of a rural HMIWI, as defined in Section

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

subsection (cl ofthis Section, shall cause to be discharged into the atmosphere

visible emissions of combustion ash from ash conveying system (including

conveyor transfer points), enclosures of ash conveying systems, buildings, or

other sources in excess of5 percent ofthe observation period of9 minutes per 3-

hour period, according to Method 22, 40 CFR 60, Appendix A, incorporated by

reference at Section 229.104(d) ofthis Part, except as provided by the following

exclusions:

12 Visible emissions discharged inside buildings or enclosures of ash

conveying systems: or

£I During maintenance and repair of ash conveying systems.

Maintenance and/or repair shall not exceed 10 operating days per

calendar quarter, unless the owner or operator of an HMIWI makes

a request to the Agency in writing for a longer period oftime to

complete maintenance and/or repair, and the Agency approves the
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owner or operator's request in writing.

(Source: Amended at 35 Ill. Reg. ---', effective -1

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed)

Section 229.130 Operation During Periods of Startup, Shutdown, or Malfunction

(Repealed)

a) The emission limits specified in SIlBpart E of this Part do not apply to an HMIWI

dllfing periods OfStartllp, Shlltdo'i\'fl or malfllnetion, ifthe req<lirements provided

in sUBseetions (B), (c) and (d) ofthis Seetion are met.

~lo waste shall Be charged to an HMIWI dllring periods ofstartup, shlltdown or

malfllnction.

The shlltdown of any HMIWI shall proceed aecording to the follo'.ving

req<lirements:

+) Fcr continllolls HMPNIs, shlltdown may commence no less than 2 hOllrs

after the last charge to an HMIWI;

For intermittent lIMIWIs, shutdo'l,'fl may commence no less than 4 hOllrs

after the last charge to an lIMIWI; and

For Batch lIMIWIs, ShlltdoWfi may commence no less than 5 hOllrs after

the high air phase of comBllstion has Been completed.

Dllfing periods of malfunction, the owner or operator of an IIMP},'I shall do all of

the following:

+) Talce all reasonaBle steps to ensure that an lIMIWI operates within the

parameters estaBlished for that lIMPNI and to minimize excess emissions;

2) Gootifllle monitoring all applicaBle parameters; and

Talce appropriate corrective actions prior to resuming the charging of any

waste to an IIMIWI.

(Source: Repealed at 35 Ill. Reg. --', effective -1)
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SUBPART H: COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and Establishment of Operating Parameters

for All HMIWIs

ill. Before Januarv 1. 2014, each owner or operator of an HMIWI, as defined in

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

229.125(a) or Section 229. 126(a) ofthis Part, shall comply with the following

requirements:

The owner or operator of an HMIWI subject to the emissions limits under this Part shall comply

veith the following requirements-;

1ft) Except as provided in Section 229.115(a)(2)(B)(v) 229.1 15(b)(2)(B) of

this Part, conduct an initial performance test on their HMIWI by

September 15, 2000,.

Jb) Except as provided in subsection Will W ofthis Section, in the initial

performance test, test for all pollutants limited pursuant to Subpart E of

this Part,.

10) During the initial performance test, rural HMIWls are not required to test

for HCI, Pb or Cd,.

1a) If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

wet scrubber, 6f a dry scrubber followed by a fabric filter and wet

scrubber, or selective noncatalytic reduction system, establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B 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,.

2e) Ifair pollution control equipment other than a dry scrubber followed by a

fabric filter, a wet scrubber, ffi' 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 ofthis Part, the

initial performance test may not be conducted until site-specific operating
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parameters that will be monitored to demonstrate compliance with this

Part have been established by the Agency in a construction pennit and

approved by USEPA.

f!f) For rural HMIWI, establish the maximum charge rate and minimum

secondary chamber temperature as site-specific parameters during the

initial performance test, provided that the performance test demonstrates

that the HMIWI is in compliance with the emission limits specified in

Section 229.126 ofthis Part.

Ql On and after January 1, 2014, each owner or operator of an HMIWI, as defined in

Section 229.110 (a)(l) or (a)(2) of this Part, and subject to the emissions limits

under Section 229.125(c), as applicable, or Section 229. 126(c) of this Part shall

comply with the following requirements:

D Except as provided in Section 229.115(a)(2)!B)(v) ofthis Part, conduct an

initial performance test on their HMIWI by January 1, 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.l26(c) emissions limits, as applicable,

pursuant to Subpart E ofthis Part.

11 If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

wet scrubber, a dry scrubber followed by a fabric filter and wet scrubber,

or selective noncatalytic reduction system establish the appropriate

maximum and minimum operating parameter values indicated in

Appendix B ofthis Part for the relevant control system during the initial

performance test, provided that the perfonnance test demonstrates

compliance with the emission limits specified in Section 229.125 or

229.126 ofthis Part.

11 If an air pollution control device other than a dry scrubber followed by a

fabric filter, a wet scrubber, dry scrubber followed by a fabric filter and a

wet scrubber, or selective 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.
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2} For a rural HMIWI that is not equipped with an air pollution control

device, establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial

performance test, provided that the performance test demonstrates that the

HMIWI is in compliance with the emission limits specified in Section

229.126(c) ofthis Part.

Q} The owner or operator of an HMIWI may use results of previous

performance test(s) for initial compliance demonstration with the

applicable emissions limits, provided the following conditions are met:

ill The previous emissions test(s) was conducted using procedures

and test methods listed in Section 229.140 ofthis Part, or

USEPA-accepted voluntary consensus standards:

ill The test results are certified as representative of current

operations: and

g The previous emissions testes) was conducted no earlier than

1996.

D The owner or operator of an HMIWI that cannot certify and or whose

previous performance test(s) results do not demonstrate compliance with

one or more ofthe revised emission limits must conduct another

performance test for those pollutants.

ID The owner or operator of an HMIWI as defined in Section 229.11 O(a)(J)

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

229.125(c), as applicable, or Section 229. I26(c) ofthis Part, shall

determine compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.125(g) and 229. I26(e) by

conducting an initial performance test using Method 22. at 40 CFR 60.

Appendix A incorporated by reference at Section 229.l04(d) ofthis Part.

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

Section 229.146 Annual Testing for Opacity
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Following the date on which the initial perfonnance test is completed, as required by Section

229.142 ofthis Section, the owners or operators of all HMIWI!i shall conduct an annual opacity

test, in accordance with Section 229.140 ofthis Part. The opacity test schedules are as follows: ;

by September 15 of eaell year.

ill By September 15 of each year, for an HMIWI, as defined in Section 229.110

(a)(l) of this Part, and subject to the emissions limits under subsection

229.125(a) or subsection 229.1 26Ca) of this Part; and

!il By January 1 of each year, for an HMIWL as defined in Section 229.110 Ca)m or

(a)(2) ofthis Part, and subject to the emissions limits under Section 229.l25Cc), as

applicable, or Section 229. I26(c) ofthis Part.

(Source: Amended at 35 IlL Reg. , effective .J)

Section 229.148 Annual Performance Testing for All Small, Medium alld Large HMIWIs

Following the date on which the initial perfonnance test is completed, as required by Section

229.142 ofthis Part, all o'n'ners or operators ofsmall, meelilHll, or large IIMIWls each owner or

operator of an HMIWI, as applicable, shall conduct an annual perfonnance test, by September J5

ofeaell year to detennine compliance with the applicable PM, CO and HCl emission limits

specified in Section 229,125flJ1 or 229.126 of this Part, using the applicable test procedures and

methods specified in Section 229.140 ofthis Part.

ill Annual perfonnance test schedules are as follows:

D Before January I, 2014, each owner or operator of a small, medium, or

large HMIWI as defined in Section 229.110(a)(l), subject to the emissions

limits under Section 229.l25(a) ofthis Part shall complete an annual

perfonnance test by September 15 of each year; and

fl On and after January I, 2014. an owner or operator of a small, rural,

medium, or large HMIWI, as defined in Section 229.II0(a)m or (a)(2),

subject to the emissions limits under Section 229.125(c), as applicable, or

in Section 229.126(c) ofthis Part, shall complete an annual performance

test by January I of each year.

Qa) If all 3 annual perfonnance tests over a 3-year period indicate compliance with

the applicable emission limits for PM, CO, or HCI specified in Section 229, 125flJ1
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of this Part, the owner or operator of an HMIWI may forego a performance test

for that pollutant during the next 2 years. Ifthe next performance test conducted

every third year indicates compliance with the emission limits for PM, CO, or

HCl specified in Section 229. I25(e1 of this Part, the owner or operator of an

HMIWI may forego a performance test for that pollutant for an additional 2 years

from the date of the previous performance test.

£e) If any performance test indicates noncompliance with the respective emission

limit, the owner or operator of an HMIWI shall conduct a performance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with the respective emission limits.

ill The owner or operator of an HMIWI may use any ofthe following types of

continuous emission monitoring systems ("CEMs") as provided in Section

229.152 ofthis Part, to substitute for annual performance tests and parameter

monitoring to demonstrate compliance with applicable emission limits:

JJ PM CEMS: replace annual PM testing and opacity testing and monitoring

of pressure drop across the wet scrubber, if applicable:

;u CO CEMS: replace annual CO testing and monitoring of minimum

secondary chamber temperature;

11 HCl CEMS: replace annual HCI testing and monitoring ofminimum HCl

sorbent flow rate, and minimum scrubber liquor pH.

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

Section 229,150 Compliance with Operating Parameter Values

a) Following the date on which the initial performance test is completed, or is

required to be completed under as prsviaea in Section 229.142 ofthis Subpart,

whichever date comes first Part, an HMIWI, using a dry scrubber followed by a

fabric filter, a wet scrubber, or dry scrubber followed by a fabric filter and a wet

scrubber to comply with the emission limits ofthis Part, shall not operate above

any ofthe applicable maximum parameters or below any of the applicable

minimum operating parameters specified in Appendix B ofthis Part. All operating

parameter~ shall be measured as a 3-hour rolling average (calculated each hour as a

3-hour rolling average ofthe previous 3 operating hours) at all times, e)[eept

during perisas sfstartup, slmtaswn, ana malfunetisn (ealeulatea eash hsur as a 3
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hour rolling average ofthe previous 3 operating hours). For batch HMIWIs, the

charge rate shall be measured on a per batch basis.

Ql Except as provided in Section 229.164 of this Subpart. for an HMIWI equipped

with a selective noncatalytic reduction system, operation ofthe HMIWI above the

maximum charge rate, below the minimum secondary chamber temperature, and

below the minimum reagent flow rate simultaneously shall constitute a violation

ofthe NOx emissions limit.

fb) For HMIWIs using air pollution control equipment other than a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber, to comply with the emission limits under Section

229.125 or Section 229.126 ofthis Part, following the date on which the initial

performance test is completed, as provided in Section 229.142 ofthis Part, an

HMIWI shall not operate above any applicable maximum or below any applicable

minimum operating parameter values established in its CAAPP permit.

gel Operating parameter limits do not apply during performance tests.

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

Section 229.152 Compliance Requirements for HMIWIs using CEMS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229.125fbj or Section 229.126 ofthis Part, ifprovided for in

its permit. Arry HMIWI that is allo,",ied to use a GEMS to demonstrate eomplianee with the

emissiolllimits ofthis PaI't shall:

ill Any HMIWI that is allowed to use a CEMS to demonstrate compliance with the

emission limits of this Part shall:

Ia) Determine compliance with the applicable emission limits using a 12:hour

rolling average, calculated each hour as the average ofthe previous 12

operating hours, llOt illeludillg startup, shutdovVfl, or malfulletiefl; and

113) Operate all CEMS in accordance with the applicable procedures under

Appendices B and F of 40 CFR 60, incorporated by reference-at Section

229.104(e) ofthis Part.

Ql In the case ofCEMS for which USEPA has not published performance
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specifications, the option to use the CEMS takes effect on the date of publication

ofthe performance specifications in the Federal Register or after site-specific

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 35 Ill. Reg. , effective ~)

Section 229.154 Violations by HMIWls Equipped with a Dry Scrubber Followed by a

Fabric Filter

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) shall be a violation ofthe CO emission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation ofthe dioxin/furan emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation of the HCl emission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emission limit; ef

e) Use ofthe bypass stack (e)(eept dlli'ing startup, shutdown OF malnmetion) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCl,

Pb, Cd and Hg emission limits;,

If a CO CEMS is used to determine compliance with a CO emissions limit,

operation of the HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used, failure to initiate corrective action within

one hour ofthe bag leak detection system alarm, or failure to operate and
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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;

h1 If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour of the bag leak detection

system alarm shall be a violation ofthe opacity emissions limit;

j} If a CEMS is used to determine compliance with a PM, HCL 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;

j) If a continuous automated sampling system is used, operation ofthe HMIWI

above the dioxinlfilran emissions limit as measured by the continuous automated

sampling system shall be a violation ofthe dioxinlfuran emissions limit; or

kl If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

(Source: Amended at 35 IlL Reg, , effective )

Section 229.156 Violations by HMIWIs Equipped with a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum pressure drop across the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation ofthe PM emission limit;

b) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate, below the

minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hour rolling average) is a violation ofthe

dioxinlfuran emission limit;
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d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCl emission limit;

e) Simultaneous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling average)

is a violation ofthe Hg emission limit; eF

f) Use of the bypass stack (eKeept duriag startup, shutdowa, or malfuaetioa) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCl,

Pb, Cd and Hg emission limits~,

If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

h) If a CEMS is used to determine compliance with a PM, HC!, Pb, Cd, and/or Hg

emissions limit, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit;

i2 If a continuous automated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation onhe dioxin/furan emissions limit; or

.u If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

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

Section 229,158 Violations by HMIWls Equipped with a Dry Scrubber :Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emission limit;
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b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) is a

violation ofthe dioxin/furan emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) is

a violation ofthe Hg emission limit; 6f

e) Use ofthe bypass stack (e){cept during startup, shutdown, or malfunction) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emission limits~,

If CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used, failure to initiate corrective action within

one hour ofthe bag leak detection system alarm, or failure to operate and

maintain the fabric filter such that the alarm is not engaged for more than 5

percent ofthe total operating time in a 6-month block reporting period shall be a

violation ofthe PM emissions limit;

h2 If a 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;

j} If CEMS is used to determine compliance with a PM, HC!, Pb, Cd, and/or Hg

emissions limit, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation ofthe emissions limit;

j) If a continuous automated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation ofthe dioxin/furan emissions limit; or
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kl If a continuous automated sampling system is used, operation of the HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation of the Hg emissions limit.

(Source: Amended at 35 Ill. Reg. , effective ...1

Section 229,160 Compliance Requirements for Rural HMIWls

ill Prior to January I, 2014, the requirements set forth in subsections (c) through (e)

ofthis section shall apply to all rural HMIWls subject to the emissions limits

under Section 229.126 ofthis Part.

Qj On and after January 1, 2014, the requirements set forth in subsections (c) through

(e) ofthis section shall apply to all rural HMIWls that are not equipped with an

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 test is completed or is

required to be completed under Section 229.142 of this Subpart, whichever date

comes first, the owners or operators of a rural HMIWI shall not operate their

HMIWI either above the maximum charge rate or below the minimum secondary

chamber temperature measured as 3-hour rolling averages at all times, eJteept

during perieds efstartHjl er slmtdewH (calculated each hour as the average ofthe

previous a 3 heur relling average efthe flrevieus 3 operating hours) at all times,

ill Operating parameter limits do not apply during performance tests.

j<e) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation

of a rural HMIWI above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shall

constitute a violation of the PM, CO and dioxin/furan emission limits.

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

Section 229,162 Inspection Requirements for All Rttflll HMIWIs

a) Before January I, 2014, each owner or operator of a rural HMIWI subject to the

emission limits under Section 229.126 ofthis Part shall inspect the HMIWI

according to the following schedule:

Eaeh eWfler er eflerater ef a Rlral HMIWI shall insfleet the IIMIWI aeeording te
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tbe foHewiflg sebedule:

I) An initial inspection shall be conducted by September 15, 2000; and

2) An annual inspection shall be conducted by September 15 of each year

thereafter.

b) Each equipment inspection shall be conducted to ensure the proper operation of

the-TUl'frl HMIWI and, at a minimum, shall consist ofthe following steps:

I) An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

2) An inspection ofthe primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection ofthe hinges and door latches, lubricating, as necessary;

4) An inspection of dampers, fans, and blowers;

5) An inspection of the HMIWI door and door gaskets;

6) An inspection of all 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 or hot spots;

9) An inspection ofthe secondary/tertiary chamber 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 of air pollution control devices to ensure

their proper operation;
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13) Where applicable, an inspection ofthe waste heat boiler systems;

14) An inspection of all bypass stack components;

15) Calibration ofthermocouples, sorbent feed systems and monitoring

equipment; and

16) A general inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of an a fliffil HMIWI shall document that, during the bum

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days after the

inspection. The owner or operator of an HMIWI may have a longer period oftime

in which to complete any repairs identified as a result 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 of an HMIWI's request in writing.

!tl On and after January 1, 2014, the owner or operator of a smalL ruraL medium,

or large HMIWI subject to the emission limits under Section 229.125(c), as

applicable, or Section 229.126 ofthis Part, shall inspect the HMIWI as

outlined in subsection Cb) ofthis Section, according to the following schedule:

D An initial equipment inspection shall be conducted by January 1, 2014;

and

D An annual equipment inspection shall be conducted by January 1 of each

year thereafter.

On and after January 1, 2014, the owner or operator of an HMIWI subject to the

emission limits under Section 229.l25(c), as applicable, or Section 229.1 26(c) of

this Part, shall inspect the air pollution control device(s), according to the

following schedule:

D An initial air pollution control device inspection shall be conducted by

January 1, 2014; and
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;;u An annual air pollution control device inspection shall be conducted by

January I of each year thereafter.

g} Each air pollution control device inspection, as applicable, shall be conducted to

ensure the proper operation ofthe device and, at a minimum, shall consist ofthe

following steps:

11 Where applicable, an inspection ofthe thermocouples, sorbent feed

systems, and any other monitoring equipment, adjusting applicable

calibration(s), as necessary; and

;;u A general inspection ofthe equipment to ensure that it is maintained in

good operating condition.

III All maintenance, adjustments, or repairs identified during an air pollution control

device inspection required under this Section shall be completed within 10 days

after the inspection. The owner or operator of an HMIWI may have a longer

period oftime in which to complete any repairs identified as a result ofthe

inspection required by this Section, provided that it makes this request to the

Agency in writing, and the Agency approves the request in writing.

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

SUBPART I: MONITORING REQUIREMENTS

Section 229.166 Monitoring Requirements for All Small, Medium, and bai'ge HMIWIs

ill. Each owner or operator ofan HMIWI subject to the emission limits under Section

229.l25(c), as applicable, or Section 229.126(c) ofthis Part, shall comply with

requirements ofthis Section according to the following schedule:

11 Before January I, 2014, for a small, medium or large HMIWI;

;;u 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 deviceCs).

.!2a) Once the initial performance test required by Section 229.142 ofthis Part has

been performed, and the site-specific minimum and maximum operating
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parameter values have been established, the owner or operator of an a small,

medium or large HMIWI, as applicable, shall continuously monitor those

parameters.

"a) The owner or operator of an a small, medium or large HMIWI, as applicable,

shall comply with the following monitoring requirements:

I) Install, calibrate according to manufacturer's specifications, maintain, and

operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (unless CEMS are used as a substitute for certain parameters as

specified) such that these devices or methods measure and record values

for these operating parameters at the frequencies indicated in Appendix B

ofthis Part at all times, e){sept during periods ofstartup and shutdown;

2) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device or establish a method for identifying the use ofthe bypass

stack, including date, time, and duration of use;

3) If control equipment other than a dry scrubber followed by a fabric filter, a

wet scrubber, or a dry scrubber followed by a fabric filter and a wet

scrubber, or a selective noncatalytic reduction system is used to comply

with the applicable emission limits under Section 229.l25(c) 229.125(a),

as applicable, or Section 229.1 26(c) ofthis Part, install, calibrate

according to manufacturer's specifications, maintain, and operate the

equipment necessary to monitor the site-specific operating parameters

developed and approved pursuant to Section 229.142(a)(5) or (b)(5)

8e6tlol'\ 229.142 (e) ofthis Part; and

4) Record monitoring data at all times during HMIWI operation, except

during the periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day lHld for 90 percent ofthe operating

days per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

ill If an HMIWI is equipped with an air pollution control device that includes a

fabric filter and a PM CEMS is not used to demonstrate compliance, the owner or

operator ofthe HMIWI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator shall meet the
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following requirements for each bag leak detection system installed:

D Each triboelectric bag leak detection system may be installed, calibrated,

operated, and maintained according to the "Fabric Filter Bag Leak

Detection Guidance," as incorporated by reference in Section 229.1 04;

;u The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or

less;

II The bag leak detection system sensor shall provide an output ofrelative

PM loadings;

1.1 The bag leak detection system shall be equipped with a device to

continuously record the output signal from the sensor;

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;

§l For positive pressure fabric filter systems, a bag leak detector shall be

installed in each baghouse compartment or cell;

D For negative pressure or induced air fabric filters, a bag leak detector

shall be installed downstream ofthe fabric filter;

ID. If multiple bag leak detectors are required, the bag leak detection

system's instrumentation and alarm may 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 alarm delay time according to section 5,0 ofthe "Fabric Filter Bag

Leak Detection Guidance," as incomorated by reference in Section

229.104;
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ill Following initial adjustment ofthe system, the sensitivity or range,

averaging period, alarm set points, or alarm delay time may not be

adjusted. Increasing the sensitivity by more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation,

unless such adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition. Each

adjustment shall be recorded;

ill Maintain records of the results of each inspection, calibration, and

validation check; and

m The fabric filter must be operated and maintained such that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

operating time in a 6-month block reporting period; however, corrective

action must be initiated within 1 hour ofthe alarm.

(Source: Amended at 35111. Reg. " effective ...J

Section 229,168 Monitoring Requirements for Rural HMIWls

Each owner or operator of a rural HMIWI subject to the emission limits under

Section 229.126 ofthis Part shall comply with requirements ofthis Section

according to the following schedule:

D Before January 1, 2014, for a rural HMIWl; and

2) On and after January 1, 2014, except as provided for in Section 229.115Ib)<3)

or Section 229.116Ic)14), for a rural HMIWI that is not equipped with an air

pollution control devicels).

ill The owner or operator of each rural HMIWI shall comply with the following

monitoring requirements:

1a) 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 of which shall be

recorded, at a minimum, once every minute of operation;

2,13) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device that automatically measures and records the date, time,
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and weight of each charge fed into an HMIWI; and

}e) Record monitoring data at all times during HMIWI operation, except

during periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day llf*l for 90 percent ofthe operating

hours per calendar quarter that an HMIWI is combusting hospital waste or

medicallinfectious waste.

(Source: Amended at 35 Ill. Reg. "effective ~)

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.180 Waste Management Requirements for Commercial HMIWls Aeeeptffig

Wast~

a) The owner or operator of any commercial HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

1) Provide hospital, medical or infectious waste customers with written

information at least once a year concerning the availability of waste

management practices for reducing the volume and toxicity of waste to be

incinerated; llf*l

D Conduct training and education programs in waste segregation for each of

the company's waste generator customers;

;n Ensure that each waste generator customer prepares its own waste

management plan that includes, at a minimum, the following elements:

ill Segregation ofrecyclable wastes such as paper products, glass,

batteries and metals;

ill Segregation of non-recyclable wastes such as polyvinyl chloride

plastics, pharmaceutical waste, and mercury-containing waste;

and

g Purchasing recycled or recyclable products.

1~) Submit a waste management plan to the Agency, in accordance with
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Section 229.1 84(b) ofthis Part, that outlines the efforts that will be

undertaken to implement the requirements distribate iflformatiofl as

specified in subsections (a)(I) through (a)(3) ofthis Section. afld identifies

the iflformation that will be distributed.

b) Paper or electronic copies ofthe materials disseminated under this Section shall

be made available to the Agency upon written request.

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

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Section 229.182 Recordkeeping Requirements

a) The owner or operator of an HMIWI subject to the emission limits under Subpart

E ofthis Part shall maintain records ofthe following information:

I) The calendar date of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

229.125 (a). (c). or in Section 229.126 (a) or (c) ofthis Part (as

determined by the CEMS. if applicable), and any measurements of

opacity as required under Section 229. I 25(b), (d). or CD or Section

229.I26(b) or (d);

GOfleentfations of all applieable pollutants listed in Seetion

229.125(b) OF 229.126(b) efthis Part (as determined by the GEMS,

if applieable) and any measurements of opacity as required ander

Seetion 229.125(e) OF 229.126(e);

B) HMIWI charge dates, times and weights, and hourly charge rates;

C) If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxin/furan sorbent used during each

hour of operation;
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E) The amount and type ofHg sorbent used during each hour of

operation;

F) The amount and type of HCI sorbent used during each hour of

operation;

G) If a selective noncatalytic reduction system is used to comply, the

amount and type of NOx reagent used during each hour of

operation;

ill If a selective noncatalytic reduction system is used to comply, the

minimum secondmy chamber temperature recorded during each

minute of operation;

IG) The secondary chamber temperatures recorded during each minute

of operation;

IH) The liquor flow rate to the wet scrubber inlet during each minute of

operation;

K!) The horsepower or amperage to the wet scrubber during each

minute of operation;

LJ) Any pressure drop across the wet scrubber system during each

minute of operation;

MK) The temperature at the outlet from the wet scrubber during each

minute of operation;

Nb) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use ofthe bypass stack, including dates,

times, and the duration ofsuch use; afltl

EN) For sources complying with Section 229.166f£.l E61(3) ofthis Part,

all operating parameter data collected monitored; and

ill If a bag leak detection system is used, maintain records ofthe

system alann, the time ofthe alann, the time corrective action was
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initiated and completed, and a brief description ofthe cause ofthe

alarm and the corrective action taken, as applicable.

3) Identification of any calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2) ofthis Section have

not been obtained, with an identification ofthe emission rates or operating

parameters not measured, reasons for not obtaining data, and a description

ofthe corrective actions taken;

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description ofthe malfunction and ofthe corrective

action taken to remedy it;

5) Identification of calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2) oftrus 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 subseguent 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, induding sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring devices as required under

Sections 229.1 66!0fb1(l), (2) and (3) and 229.l68DUW(l) and (2) of

this Part; and

8) Identification ofthe names of all HMIWI operators who have met the

criteria for qualification under Section 229.170 ofthis Part, including:

A) 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.l72(a) ofthis Part, as

required by Section 229. In(b) ofthis Part.

b) The owner or operator of an HMIWI claiming an exemption from the emission

limits in this Part pursuant to Section 229.1 IO(b) ofthis Part shall keep
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contemporaneous records identifying each period of time when only pathological

waste, low-level radioactive waste, or chemotherapeutic waste is burned,

including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.11O(c) of this Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

d) The owner or operator of a co-fired combustor claiming an exemption from the

emission limits under Section 229.11O(d) of this Part shall maintain records on a

calendar quarter basis of the relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste combusted.

ti The owner or operator of each HMIWI subject to the emission limits under

Section 229.125(c), or Section 229.126 ofthis Part, shall maintain records ofthe

annual equipment inspection required under Section 229.162 ofthis Pard

The OWfler or operator of each rural HMIl,l/l shall maintaia records ofthe aaaual

equipmeat iaspections required uader 8eetiea 229.162 efthis Part, aHy required

maintefiaHCe, aad any repairs aot completed "'lithia !<l days after aH iaspeetieB or

the time frame estaBlished B)' the Ageaey,

The owner or operator of each HMIWI subject to the emission limits under

Section 229.125(c), or 229.126(c) ofthis Part, shall maintain records ofthe annual

air pollution control device inspection required under Section 229.162 of this Part.

g} If a 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 brief description ofthe cause ofthe alarm and the

corrective action taken, as applicable.

h2 The owner or operator of each HMIWL where applicable, shall maintain records

of any required maintenance, adjustments, or repairs identified during an

inspection required under Section 229.162 ofthis Part not completed within 10

days after the inspection or the timeframe approved in writing by the Agency.

if) All records required under this Section shall be maintained onsite for a period of 5

years, in either paper copy or electronic format, unless an alternative format has

been approved by the Agency in a permit condition.
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jg) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Source: Amended at 35 Ill. Reg. "effective ~)

Section 229.184 Reporting Requirements

a) The facilities manager and the responsible official for the affected source shall

certify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

performance test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:

1) Before January 1, 2014, except as provided for in Section 229.1 15(b)(3) or

Section 229.1l6(c)(4), as applicable, the test data and values for the sitespecific operating parameters established pursuant to Section

229. 142(a)(4), (5) or (6), as applicable, and a description, including

sample calculations, of how the operating parameters were established

during the initial performance test for an HMIWI subject to the emissions

limits under Section 229. 125(a) or 229. I26(a) ofthis Part:

The test data aad valHes fer the site speeifie eperatiag parameters

established fer all HMIWI pHrsHaFlI Ie either Seetiea 229.1 42(d), (e) er (f)

enhis Part, as applieable; alld

2) On and after January 1, 2014, the test data and values for the site-specific

operating parameters established pursuant to Section 229.l42(b)(3), (4) or

(5), as applicable, and a description, including sample calculations, of how

the operating parameters were established during the initial performance

test for an HMIWI subject to the emissions limits under Section

229. I25(c), or Section 229.126(c) of this Part;

d2 If a bag leak detection system is used, analysis and supporting

documentation demonstrating conformance with guidance and

specifications for bag leak detection systems in Section 229.166(d)(l); and

~) A copy ofthe waste management plan required under Subpart K ofthis
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Part.

£1 All owners or operators of HMIWIs shall submit the information specified under

this subsection (c) to the Agency, as follows:

All ol'mers or operators ofHMIWIs shall submit the information specifiea unaer

this subseetion Ee) to the Ageney by September 15, 200 I ana by September 15 of

each year thereafter. Once Elf! IIMIWI is issuea a CAAPP permit, the owner or

operator of an HMI'NI shall submit these reports semi annually, in accoraanee

with subsection EEl) of this Seetion. The aHflual report shall induae the following

information:

II By September 15,2001, and by September 15 of each year thereafter, for

an HMIWI subject to the emissions limits under Section 229. 125(a) or

229.1 26(a) ofthis Part:

£1 By January 1, 2014, and by January 1 of each yearthereafter, except as

provided for in Section 229.115(b)(3) or Section 229.116(cl!4), as applicable, for

an HMIWI subject to the emissions limits under Section 229. 125(c) or (e),

or Section 229.1 26(c) ofthis Part; and

;D The annual report required under subsection (c)(l) or (2) ofthis

subsection shall include the following information:

Before January 1, 2014, the values for site-specific

operating parameters established pursuant to Section

229. 142(a)(4), (5) or (6) ofthis Part, as applicable;

ill On and afterJanuary 1, 2014, except as provided for in Section

229.1 15(b)(3) or Section 229.l16(c)(4), as applicable, the values

for site-specific operating parameters established pursuant to

Section 229. 142(b)(3), (4) or (5) ofthis Part, as applicable;

The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each

operating parameter, recorded for the calendar year being

reported pursuant to Section 229. 142(a)(4), (5) or (6), or

Section 229.l42(b)(3), (4) or (5) ofthis Part, as applicable;

ana for the calenaar year preceaing the year being reportea;
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ill The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter recorded pursuant to Section 229, I42(a)(4), (5) or (6),

or Section 229.I42(b)(3), (4) or(5), ofthis Part, as applicable, for

the calendar year preceding the year being reported, in order to

provide the Agency with a summary ofthe performance ofthe

affected facility over 2-year period;

Any information recorded pursuant to Section

229.182(a)(3) through (5) ofthis Subpart for the calendar

year being reported and for the calendar year preceding the

year being reported;

G~)

If no exceedences or malfunctions were recorded under

Section 229. 182(a)(3) through (a)(5) ofthis Subpart for the

calendar year being reported, a statement that no

exceedences occurred during the reporting period; and

Any use ofthe bypass stack, the duration of use, the reason

for malfunction, and the corrective actions taken.

d) Once an HMIWI is issued a CAAPP permit, the owner or operator ofthe 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 of each year and the second semiannual reporting period ends on December 31

of each year.

Onee tlIe OWflef or operator of!lfl HMIWI is reEjllired to sllbmit semiammal

reports, these reports mllst be sllbmitted "'lithiR 60 days following the ene! ofthe

reportiRg perioe!. The first semiarmllal reportiRg perioe! ends on Mareh 15 of eaeh

year aRd the seeond SemiaRnllal repertiRg period eRds OR September 15 ef eaeh

year.

e) The owner or operator of each rural HMIWI subject to the emission limits under

Section 229.126(b) ofthis Part, shall submit an annual report containing all

information listed in subsections (b) and (c) ofthis Section by no later than 60

days following the year in which the data was collected. Subsequent reports shall

be sent no later than 12 calendar months following the previous report. Once the

unit is subject to permitting requirements under the CAAPP, the owner or
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operator shall submit these reports semiannually in accordance with the schedule

specified in subsection (d) ofthis Section.
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(Source: Amended at 35 Ill. Reg, , effective -')

Section 229.APPENDIX B Operating Parameters to be Monitored and Minimum

Measurement and Recording Frequencies. An "x" in any box in this matrix means that

measurement of that parameter is required.

MINIMUM FREOUENCY CONTROL SYSTEM

Operating Data Data Qn: Wet Qn: Selective

Paramcte Mcasureme Recordin Scrubber Scrubbe Scrubber Noncatalyt

!! nt g Followed r Followed Ie

by Fabric by Fabric Reduction

Filter Filter and System

Wet

Scrubber

Maximum Continuous Once per X X X X

Charge hour

RateI

Maximum Continuous Once per X X

Fabric minute

Filter Inlet

Temperatu

re

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
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Minimum Hourly Once per X

Reagent hour

Flow Rate

Minimum Hourly Once per X X

.!ig hour

Sorbent

Flow Rate

Minimum Continuous Once per X X

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 Rate

Minimum Continuous Once per X X

Scrubber hour

LiouornH

For batch HMIWIs record the charge oer batch.

Operating Parameters to be Monitored and Minimum Measurement and Reeording Frequeneies.

An ")tH

in any bel{ in this matriJt means that meElSW'ement efthat pasameter is required.

MINIMUM FREQUENCY CONTROL SYSTEM
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Opel'ating !)MaMeas Data l)ry Wet DI')' Senlbber

Pal'ametel's ul'ement Reeol'aing Sel'ubbCl' 8cmbbeF Followea by

Follewea by Fabde FiltCl' ana

Fabl'ie I'lltel' Wet SCI'ubbel'

MaJ!imum Continuous Once per X; X; X;

~L n 00uF

MaJ!imum Continliolis Once jler X; X;

Fabric Filter minute

ffiIet

Temjleratur

e

MaJ(imliffi Colltialiolis Once fler X; X;

flue gas minute

Miaimum Contialiolis Once fler X; X; X;

secemlary minlite

chamber

Miaimlim Hetu'ly Oace fler X; X;

DiOJ(inl hoor

FHflIa

Sorbent

FIe".,' Rate

Mtaimliffi Heurly Oace fler X; X;

HC! Serbeat hoor

Flow Rate

Miaimum HOlifly Oace per X; X;

Hg Sorbeat hoor

Flow Rate
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Minimum Continuous Qnee per :x: :x:

Pressure minute

Drop 1\eross

the Viet

Serubber or

Minimum

Horsepower

Elf

Amperage

to-Wet

Serubber

Minimum Continuous Qnee per :x: :x:

Serubber minute

Li(juor Flow

Rare

Minimum Continuous Qnee per :x: :x:

Serubber minute T • _u

IFor batch HMIWls, record the charge per batch.

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

Section 229.APPENDIX C Reference Test Methods and Procedures for Performance

Tests.

The following test methods and procedures shall be used as specified in Section 229.140(e) of

this Part, when conducting any performance test for the purpose of demonstrating compliance

with the emission limits established under this Part.

a) All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of I hour per test

run shall be used unless otherwise indicated. In order to demonstrate compliance

with the emission limits set forth in Subpart E ofthis Part, the arithmetic average

of all 3 performance test runs shall be used.

b) Method 1, at 40 CFR 60, incorporated by reference at Section 229.104(d) ofthis

Part, shall be used to select the sampling location and number oftraverse points.

c) Method 2, at 40 CFR 60 shall be used to determine average gas density, as well as
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to measure gas velocity.

ill Method 3, 3A, or 3B, at 40 CFR 60 shall be used for gas composition analysis,

including measurement of oxygen concentration. Method 3, 3A or 3B, at 40 CFR

60 shall be used simultaneously with each ofthe other reference methods. As an

alternative to Method 3B, ASME PTC-19-10-1981-Part 10 may be used.

Method 3 or 3A, at 40 CfR 60 shaH l3e usee fer gas eomposition analysis,

ineltiding measmement of Ollygen eoneentratiofi. Method 3 or 3,0., at 40 CfR 60

shall l3e used simultafieously with eaeh referenee method.

e) The pollutant concentrations shall be adjusted to 7 percent oxygen using the

following equation:

Cadj = Cmeas (20.9-7)/(20.9-%02)

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;

Cmeas = pollutant concentration measured on a dry basis

(20.9-7) = 20,9 percent oxygen-7 percent oxygen (defined oxygen

correction basis);

20,9 = oxygen concentration in air, percent; and

%02 = oxygen concentration measured on a dry basis, percent.

Method 5, 26A, or 29, at 40 CFR 60 shall be used to measure PM emissions. As

an alternative, a PM CEMS may be used in determining compliance with PM

emissions using a 12-hour roIling average, calculated each hour as the average of

the previous 12 operating hours.

Mothoe 5 or 29, at 40 CfR 60 shall be used to measme partietilate matter

emissiofis.

gl Method 7 or 7E, at 40 CFR 60 shall be used to measure NOx emissions,

!il Method 6 or 6C, at 40 CFR 60 shall be used to measure SO£ emissions.
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ig) Method 9, at 40 CFR 60 shall be used to measure stack opacity. As an alternative,

the use of a bag leak detection system or a PM CEMS to demonstrate compliance

with the PM standards is considered demonstrative of compliance with the

opacity requirements.

ih) Method 10 or lOB, at 40 CFR 60 shall be used to measure CO emissions. As an

alternative, a CO CEMS may be used to measure CO emissions.

kl Method 22, at 40 CFR 60 shall be used to measure fugitive ash emissions.

1i) Method 23, at 40 CFR 60 shall be used to measure total dioxinlfuran emissions.

As an alternative, the facility may elect to sample total dioxins/furans by

installing, calibrating, maintaining, and operating a continuous automated

sampling system for monitoring dioxinlfuran emissions. The minimum sample

time for Method 23 sampling shall be 4 hours per test run. Ifthe affected facility

has selected the TEQ for dioxinlfurans (set out in Appendix A ofthis Part), as

provided under Section 229.125Ebj or 229.126Ebj ofthis Part, whichever is

applicable, the following procedures shall be used to determine compliance:

I) Measure the concentration of each dioxinlfuran tetra-through-octacongener emitted using Method 23;

2) For each dioxinlfuran congener measured in accordance with subsection

(i)(I) ofthis Section, multiply the congener concentration by its

corresponding TEQ factor specified in Appendix A of this Part; and

3) Sum the products calculated in accordance with subsection (i)(2) ofthis

Section to obtain the total concentration of dioxinlfurans emitted in terms

ofTEQ.

mj) Method 26 or 26A, at 40 CFR 60 shall be used to measure HCI emissions. As an

alternative, an HCI CEMS may be used to measure HCI emissions. Before

January 1, 2014, ifff the affected facility has selected the percentage reduction

standard for HCI as provided under Section 229. I25WEbj or 229. I26WEbj ofthis

Part, whichever is applicable, the percentage reduction in HCI emissions (%RHcl)

is computed using the following formula:
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Where:

= percentage reduction of HCl emissions achieved;

E; = HCl emissions concentration measured at the

device inlet, corrected to 7 percent oxygen

basis); and

control

(dry

Eo = HCl emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis).

nk) Method 29, at 40 CFR 60 shall be used to measure Pb, Cd, and Hg emissions.

As an alternative, ASTM D6784-02 may be used to measure Hg emissions; a

multi-metals CEMS or Hg CEMS may be used to measure Pb, Cd, and Hg

emissions; or the facility may elect to sample Hg by installing, calibrating,

maintaining, and operating a continuous automated sampling system for

monitoring Hg emissions. Before January 1,2014, iMthe affected facility has

selected the percentage reduction standards for metals as provided in Section

229.125,(a) tl31 or 229.126,(a) tl31 ofthis Part, whichever is applicable, the

percentage reduction in emissions (%Rmetal) is computed using the following

formula:

(%Rmetai)=((E;-Eo)/E;)x 100

Where:

%Rmetai = percentage reduction of metal emissions (Pb, Cd,

or Hg) achieved;

E; = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, corrected to 7

percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device outlet, corrected to

7 percent oxygen (dry basis).

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