# 2 IEPAATTACHMENT 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 ofSection 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 otherthings, a Technical Support Document (TSD), a motion waiver ofcopy submission requirements, and a motion for expedited review (MER). In the Statement ofReasons (SR) accompanying the proposal, the Agency stated thatthis 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 airquality 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 greaterflexibility in demonstrating compliance), and removal ofan 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 whichthe new rules would apply: the Stericycle, Inc. facility located in Clinton.

, Inthe interest ofclarity, the Board has slightly revised the Agency's caption for this rulemaking to betterreflectthe nature ofthe proposal. The Board requests that the participants use the caption above in future filings,

2 USEPA adopted its "Standards ofPerformance forNew Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators" at 74 Fed. Reg. 51368 (Oct. 6, 2009). States were required to have State Implementation Plans (SIP) revisions with the new incineratorrules filed within a year ofthe date ofUSEPA 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, 20II.

### 2
The Board finds that the petition meets the content requirements of35 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, ifIllinois 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, 20I I by a vote of5-0.

John T. Therriault, Assistant Clerk Illinois Pollution Control BoardIEPAATTACHMENT NO, 

# 3

ORIGINAL February 22, 2011 Warren Ribley, Director Department ofCommerce 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 DearDirectorRibley: OnDecember23,2010, theBoard 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 accompaniedby a motion for expedited consideration On January 6, 2011, the Board authorized first-notice publication ofthe proposal withoutcomment on the proposal's merits underthe Administrative Procedure Act (APA), 415 ILCS 5/100

### et, seq, (2008), I am writing to request that your Department conduct an economic impactstudy concerning this proposal, Forreasons explained below, ifatall possible, we would appreciate yourresponse to this requestno later than March 25, 201 L In the StatementofReasons (SR) accompanying the proposal, the Agency stated thatthis proposal contains amendments to 35 Ill, Adm, Code Part229 "HospitallMedical/lnfectious Waste Incinerators" (HMIWI), Theproposedrules would reflect amendments promulgated by the United States Environmental Protection Agency (USEPA) to federal airquality standards, including new source performance standards (NSPS) and emissions guidelines (EG), See "Standards ofPerformance for New Stationary Sources and Emissions Guidelines for Existing Sources: HospitallMedical/lnfectious. Waste Incinerators" at74 Fed. Reg. 51368 (Oct. 6, 2009); SRat 1. Changes inclUde revised emission standards (more stringent than existing ones) revised waste managementplan provisions (for greater flexibility in demonstrating compliance), and removal of an existing startup, shutdown, and malfunctionprovision. Jd The compliance date forthe newrules would beJanuary I, 2014. The Agencyreports Illinois currentlyhas only one HMIWIto which the newrules would apply: the Stericycle, Inc. facility locatedin Clinton. Since 1998, Section 27 (b) ofthe Environmental ProtectionAct has requiredthe Boardto:2

(1) requestthat the Department ofCommerce and Economic Opportunity (formerly the Department ofCommerce and Community Affairs) conduct a study ofthe economic impact ofthe proposed rules. The Departmentmay within 30 to 45 days ofsuch requestproduce a study ofthe economic impact oftheproposed rules. Ata minimum, the economic impact study shall address a) economic, environmental, and public healthbenefits 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 perunit ofpollution reduced andthe variability ofcompany revenues expectedto be usedto implement theproposed rules; and (2) conduct at leastone public hearing onthe economic impactofthoserules. At least20 days beforethe hearing, the Board shall notify thepublic ofthe hearing and make the economic impact study, orthe Department ofCommerce and Economic Opportunity's explanationfor notproducing an economic impact study, availableto thepublic. Suchpublic hearing may be held simultaneously oras apartofany Boardhearing considering such new rules. 415 ILCS 5/27(b) (2008). Completion ofthis rulemaking is driven byrequirements ofthe federal CleanAir Act (CAA). States were requiredto have State Implementation Plans (SIP) revisions with the new incineratorrules filed within a year ofthe date ofUSEPApromulgation ofthe new rules, 

### i.e. by October6, 2010. Section 129(b)(3) ofthe federal Clean Air Act, 42 USC 7429(c), requires USEPA to develop a Federal ImplementationPlan (FIP) within two years offederal rule promulgation 

### i.e. by October 

### 6, 2011. The Agency has askedthe Boardto have rulemaking completed so as to allow the Agencyto have a SIP revisionin USEPA's offices by October 6, 2011, to avoid imposition ofaFIP. To that end, the Board has expedited the scheduling ofhearings. The Board has scheduled hearings on this proposal for March 22, 20I I in Clinton and April 18, 20I I 

### in Chicago, and due to budget constraints does not intendto hold a thirdhearing. Under these circumstances, the Board asks that yourespondto this requestas soon as you conveniently can, butill any event no laterthan March 25, 20I0; this would allowthe Board to givethe public the 20-day notice ofthe results ofyour decision making required by Section27(b) of the Act in advance ofthe secondhearing on April 

### J8, 20II.
If I, or any ofmy staff, can provide you with any additional information, pleaselet meknow.Sincerely,

G. Tanner Girard

cc: John T. Therriault, Assistant Clerk ofthe BoardILLINOIS POLLUTION CONTROLBOARD February 1,2011 INTHE 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 OFHEARING: ATTENDING BOARD MEMBER: HEARING OFFICER: Wednesday, April 20, 2011 11:00 a.m. JAMES R. THOMPSON CENTER Room 9-039 100W. Randolph St. Chicago, IL Merit and economic CarrieZalewski Kathleen M. Crowley

HEARING OFFICER ORDER Procedural History On December23, 2010, the Illinois Environmental Protection Agency (Agency orIEPA) filed aproposal for amendments to the Board's airrules pursuant to the general rulemakings provisions ofSection 27 ofthe Illinois Environmental Protection Act (Act), 415 ILCS 5/27 (2008) andthe Boards procedural rules at 35 Ill. Adm. Code 102. In the Statement ofReasons (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 airquality standards, I

I USEPA adopted its "Standards ofPerformance for New Stationary Sources andEmissions Guidelines forExisting Sources: HospitallMedicallInfectious Waste Incinerators" at 74 Fed. Reg. 51368 (Oct. 6, 2009). States were required to have State Implementation Plans (SIP) Incompliance with the Americans With Disabilities Actand otherapplicable federal and State laws, the hearingswill be accessibleto individuals with disabilities. Persons requiring auxiliary aids should contactJohn T. Therriault, AssistantClerk ofthe Board, 100 West Randolph Street, Suite 11-500, Chicago, lllinois 60601, at telephone number (312) 814-3620, orTDD number (312) 814-6032, at least fivedaysbefore 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 ofan 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 aJanuary 6,2011 order, the Board accepted the proposal for hearing. The Board reserved ruling on two motions that accompanied the proposal: a motion waiverofcopy submission requirements, and a motion for expedited review (MER). In the MER, TEPA says that Illinois can avoid a FIP, ifIllinois submits a SIP revision to USEPA by October6, 2011 (MER at 2). In recognition ofthe Agency's desire for expeditious movement in this proceeding, the hearing officer has establishedtwo hearing dates, afterconsultation with the Agency, that are among the earliest available on the Board's crowded spring calendar. TheHearings The Board will conduct two hearings in orderto 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 ofhearings, the first hearing will begin on Tuesday, March 22, 2010 and will continue until the day's business is completed, butin no event laterthan 5:00 p.m. The second hearing is scheduledto begin Wednesday, April 20, 2010 and will continue until the day's business is completed, but in no event laterthan 4:30 p.m. However, given the hearing officer's present inability to assess the length ofthese hearings, and potential participants are advised to arrive in timely fashion. Pre-FilingDeadlines Participants who intendto testify must pre-file theirtestimony and serve the testimony on the hearing officer and all persons on the Service List. Beforefiling pre-filed testimony or any otherdocument with the Clerk, please check for the mostrecent version ofthe Service List with the hearing omceror the Clerk's Office. Participants in the first hearing are directed to pre-file all oftheirtestimony and any related exhibits no laterthan Tuesday, February 22, 2011. UnderSection 27 ofthe Act (415

revisions with the new incineratorrules filed within a yearofthe date ofUSEPApromulgation ofthe new rules, 

### i.e. by October6,2010. Section 129(b)(3) ofthe federal Clean Air Act, 42 USC7429(c), requires USEPA to develop aFederal 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 ofthe proponent. But, the hearing officer presently intends to allow the Agency as proponent to present the testimony ofall ofits witnesses before bearing the testimony ofother participants. Therefore, any other person wishing to testify at the first hearing should also pre-file theirtestimony 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 oftheir 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 ofthis pre-fIled testimony, and the Board's Clerk must therefore receive these documents before the close ofbusiness on the specified dates. However, pre-filed testimony and otherdocuments 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 aboutelectronic filing through COOL should be directed to the Clerk's Office at (312) 814-3629. Order ofHearings All pre-filed testimony will be entered into the record as ifread, unless unanticipated circumstances dictate otherwise. See 35 Ill. Adm. Code 102.424(f). A briefsummary of testimony will be allowed ifa witness wishes to provide one before responding to questions. Participants who do not pre-file testimony will be allowedto testify as time pennits only afterthe conclusion ofpre-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 ofprefiled testimony and the questions based upon it. Consequently, any person wishing to testify at eitherofthe two hearings is urged to pre-file their testimony in orderto ensure that they have an opportunity to testify. In addition, the Board's procedural rules provide that "[t]heBoard will accept written comments from any person concerning the proposedregulations 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 ofits case as the proponent. Afterthe Agency has answered all questions from other participants, and iftime permits before the conclusion ofthe 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 cannottestify on March 22, 2011, because time does not allow it, thatperson will be given priority to testify on April 20, 2011. Persons who pre-file questions will be given priority in questioning otherparticipants. 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 thattime. Participants who4 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 iftime permits at the close ofpre-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 ofthe participants or upon motion to the hearingofficer, may change the order oftestimony at these hearings. See 35 Ill. Adm. Code 102.420, citing 35 Ill. Adm. Code 101.Subpart

### F. Serviceand Notice Lists The Board will establish anotice 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 ofBoard opinions and orders and hearing officerorders. 35 Ill. Adm. Code 102.422(a). Under Section 102.422(b) ofthe Board's procedural rules, [t]he hearing officer may establish a service list for any regulatory proceeding, in addition to the notice list. Thehearing officer may direct participants to serve copies ofall documents upon the persons listed on the service list. For purposes offast-track rulemakings underSection 28.5 ofthe Act, participants of record will be the individuals on the service list. 35 

### !II. Adm. Code 102.422(b). In addition to receiving notice ofall Boardactions and hearing officerorders, persons on the service list will receive pre-filedtestimony 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 ServiceList for this rulemaking receive not only the Board's opinions and orders but also other filings such as pre-filed testimony andpublic comments. But, persons on the service list are also required to serve copies ofthe filings they make on otherpersons on the service list. Interested persons may now requestelectronic notice offilings by providing theire-mail address through COOL underthis docket number: RI I-20. This electronic notice includes notice ofthe filing ofdocuments that are not typically providedto 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 ofcharge as soon as they are postedto the Board's Web site. Formore information about the option ofelectronic notice orCOOL, consult eitherthe Board's Web site atwww.ipcb.state.il.usorJohnTherriault.theBoard·sAssistantClerk.at (312) 814-3629.5
At the close ofthe 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 100WestRandolph 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 ) WASTEINCINERATORS ) R H-20 (Rulemaking - Air)

NOTICE 

### OFHEARING DATES, TIMES, PLACES: Wednesday, June 8, 2011 9:00 a.m. Dewitt County Building Courtroom B 201 W. Washington Clinton, lL PURPOSE OFHEARING: ATTENDING BOARD MEMBER: HEARING OFFICER: Tuesday, June 28, 2011 11:00 a.m. JAMES R. THOMPSONCENTER 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 orderreschedules 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 December23,2010, 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 ofSection 27 ofthe rllinois Environmental Protection Act (Act), 4l5lLCS 5/27 (2008) and the Boards procedural rules a[ 35 Ill. Adm. Code 102. In [he Statement ofReasons (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 orthe Boord. 100 WestRandolph Sl1Cel, Suite JI"500. Chicago. Illinois 60601. at telephone number (3J 2)

### a14--3620, orTOO numbet (312) 814.6032. at leaSt five days berorelhc p<lrllcUWr hearing.2
the United States Environmental Protection Agency (USEPA) to federal airquality**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 ofan 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 waiverofcopy subntission requirements, and a motion for expedited review (MER). In the MER, IEPA says that Illinois can avoid aFIP, ifIllinois submits a SIP revision to USEPA by October6,2011 (MER at 2). In recognition ofthe Agency's desire for expeditious movement in this proceeding, the hearing officerhas established two hearing dates, afterconsultation with the Agency, that 

### are among the earliest available on the Board's crowded spring calendar. By orderofFebruary 1,2011, hearing dates were set ofMarch 22, 2011 and April 20, 2011. Consistent with the hearing officerorder, the Agency pre-filed testimony on February 18 and Stericycle pre-filed testimony on February 22, 2011. But, due to an errorin the office ofthe Board's Clerk, timely newspaper notice ofthese hearings was not properly provided as required by the Act and the federal Clean AirAct, so they were cancelled. The rescheduled hearing dates are June 8 andJune 28,2011. The Hearings The Board will conduct two hearings in order to allow the proponent and any other interestedparticipants the opportunity to present testimony on the merits and economic impactof 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 ofhearings, 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 ofPerformance 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 yearofthe date ofUSEPA promulgation ofthe new rules, i.e. by October6,2010. Section 129(b)(3) ofthe federal Clean Air Act, 42 USC7429(c),**n~(juires** USEPA to develop aFederal Implementation Plan (FIP) within two years offederal rule promulgation i.e. by October 6,2011.3
until the day's business is completed, but in no event laterthan 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 ormore 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 ofthe first set ofhearings 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 laterthan the Board meeting scheduled forJune 16, 2011. The Boardhypothetically could adopt the Agency's proposal as drafted for first notice without commenting on the merits ofthe proposal in advance ofany hearings. But, given Stericycle's prefiled testimony concerning the proposed compliance dates, Board action in advance ofhearing could be misconstrued as prejudgment on themerits ofthe proposal without allowing Stericycle to be heard. Underthese circumstances, it would be most helpful ifthe June 8 hearingcould develop a record for Board deliberation that makes clear any agreements ordisagreements the Agency and Stericyclehave concerning the other's respective positions on the proposal. So, Board staffhas taken steps to encourage the participants to refine theirthinking concerning the Agency's proposal and StericycJe's testimony concerning the proposed compliance dates. Attached to this orderare questions concerning the previously-filed testimony, which this orderrequests that the Agency and Stericyle respond to in writing In advance ofhearing, on orbefore 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 otherdocument with the Clerk, please check for the most recent version ofthe Service List with the hearing officeror 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 oftheir testimony and any related exhibits no later than Monday, May 23, 2011. Under Section 27 ofthe Act (415 ILCS 5/27 (2006)), the first hearing is not limited to the testimony ofthe proponent. But, the hearing officer presently intends to allow the Agency as proponent to present the testimony ofall ofits witnesses before hearing the testimony ofotherparticipants. 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 orbefore May 23, 2011. Except for the Agency and Stericycle, participants Wishing to testify at the second hearing are directed to pre-file all oftheir testimony and any related exhibits no later than4 Monday, June 14, 2011. Participants are again requested to review testimony**pre~filed** by others in advance ofhearing. 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 ofthIs**pre~filed** testimony, and the Board's Clerk must therefore receive these documents before the close ofbusiness 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 

### ofHearings All pre-filed testimony will be entered into the record as ifread, unless unanticipated circumstances dictate otherwise. See 35 

### 111. Adm. Code 102.424(f). Abriefsummary of testimony will be allowed ifa 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 ofpre-filed testimony and questions based upon it. Similarly, any participant who wishes to offer apublic comment will be allowed to do so as time pemllts at the close ofprefiled testimony and the questions based upon it. Consequently, any person wishing to testify at eitherofthe 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 ofits case as the proponent. Afterthe Agency has answered all questions from other participants, Stericycle may present its testimony. Iftime permits before the conclusion ofthe first hearing, otherpersons 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 given priority in questioning otherparticipants. 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 iftime permits at the close ofpre-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 ofthe participants or upon motion to the hearing officer, may change the order oftestimony at these hearings. See 35 III. Adm. Code 102.420, citing 35 III. Adm. Code 101.Subpart F. Serviceand 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 ofBoard opinions and orders and hearing officer orders. 35 111. Adm. Code 102.422(a). Under Section 102A22(b) ofthe 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 officermay direct participants to serve copies of all documents upon the persons listed on the service list. For purposes offast-track rulemakings under Section 28.5 ofthe Act, participants of record will be the individuals on the service list. 35 ill. Adm. Code 102.422(b). In addition to receiving notice ofall Board actions and hearing officer orders, persons on the service list will receive pre-filed testimony and otherfilings 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 ServiceList for this rulemaking receive not only the Board's opinions and orders but also otherfilings such as pre-filed testimony and public comments. But, persons on the service list are also requiredto servecopies ofthe filings they make on other persons on the service list. Interested persons may now request electronic notice offilings by providing theire-mail address through COOL under this docket number: R11-20. This electronic notice includes notice ofthe filing ofdocuments that are not typically provided to persons on the NoticeList. In addition, COOL provides links to documents filed with the Board, and those documents can be viewed, downloaded, and printed free ofcharge as soon as they are posted to the Board's Web site. Formore information about the option ofelectronic notice or COOL, consult eitherthe Board's Web site at www.ipcb.state.il.usorJohnTherriault.theBoard·sAssistantClerk.at (312) 814-3629. At the close ofthe second hearing, the hearing officer will set a date by which therecord 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 periodwill not be lengthy unless unanticipated circumstances dictate otherwise. IT IS SO ORDERED

### 6

Kathleen M. Crowley Hearing Officer, D1inois PollutIOn Control Board 

### lOaWestRandolph Street, Suite 11-500 Chicago, Dlinois 60601 (312) 814-6929 crowlek@ipcb.state.il.us7
ATTACHMENT A Board StaffQuestions Although the questions below 

### are directed to specific participants, anyone is free to address any ofthe 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 ownerofthe HMIWr'. The definitions ofthe terms "Minimum reagent flow rate" and "Minimum secondary chambertemperature" require demonstration ofcompliance 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 ofSubpart E ofPart229 is added to both the definitions? 2. Section 229.104 Incorporations by Reference !EPA has requested a waiverfor filing copies ofthe items proposed to be incorporated by reference in Section 229.104. (TheBoard has yet to rule on the motion for waiver.) Although IEPA provided an original ofthe items in proposed Section 229.104(h) and (i), JEPA did not file originals ofproposed Section 229.l04(f), (g), and 

### 0). Since the latter are not items that need to be purchased, the Agency is requested to please provideone original ofeach 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 acopy ofthe material may be obtained by interested persons. The Agency is requested to pleaseprovide 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 coverHMIWls 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 under40 CFR § 60 SubpartEc. Ifso, would itbe acceptable to the Agency to add a new subsection (a)(3) reflecting the applicability ofthe 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 proposedcross 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 Continueto Operate (a) Stericycle submitted an alternate proposal under 229.l15(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. Ifpossible, the Agency is furtherrequested to propose an alternate timeline for Stericycle's consideration. (The hearing officernotes that the Agency and Stericycle remain free to discuss this matterbetween themselves in advance ofhearing, and are encouraged to present any mutually acceptable alternative timelines at orbefore hearing on June 8, 2011.) (b) Would it be acceptable to the Agency ifthe term "paragraph" is replaced by the term "subsection" (as theJoint Committee on Administrative Rules may require) in the proposed subsections (b)(I) and (b)(2). 5, Section 229.116 ComplianceSchedules for HMIWIs thatwill ShutDown Under Section 229.116, is there an opportunity for HMIWls pursuing the extended compliance timeframe with adeadline ofOctober 6,2014 (proposed 35 lAC 229.115(b) to decide to shut down at a daterlater than January 1, 2014? Ifso, should the rules include a provision under Sections 229.1l5(b)(3) and 229.116(b) to recognize a laterdate than January 1,2014 for those HMTWls pursuing the extended compliance timeframe underSection 229.115(b)(2), as suggested below? Possible language (theAgency is encouragedto suggestalternate language 

### ifthe following is not acceptable): Section 229.115(b)(3) 

## ill Any owner or operatorofan HMIWI that fails to demonstrate compliance with this Part by October6,2014, shall cease operation of the HMIWI until compliance with the provisions ofthis Part is achieved; or (B) Any owner or operator ofan HMIWI pursuing the extended compliance timeframe under subsection (b)(2) ofthis Section that chooses to [}ermanently shut down the HMIWI will comply with the requirements ofSection 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)([), orby January 2, 2014 for an

### 9
HMlWl as defined in Section 229.11O(a)(1) and (a)(2) ofthis 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 forextending the deadline for compliance with Part 229 requirements from January 1, 2014 to October6, 2014 ifcertain 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 ofOctober6. 2014 underSection 229.1l5(b)(2). The Agency's proposal includes several provisions in othersections ofthe rules thatprescribe 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): Section 229.120Ca)(2) By January I, 2014, except as provided for in Section 229.115(b)(2)(A) ofthis Part, for an HMIWI as defined in Section 229.11O(a)(1) or (a)(2) ofthis Part. Section 229. I25(c) On or after January 1,2014, except as provided for in Section 229.11S(b)(2), each owner oroperatorofasmall, medium, or large HMlWl as defined in Section 229.11O(a)(I) and (a)(2) ofthis Part

... Section 229.126(c) On or afterJanuary 1, 2014, except

### as provided for in Section 229.l1S(b)(2), a rural HMIWI,

... Section 229.162(e) and CD On or afterJanuary 1, 2014, except as provided for in Section 229.115(b)(2),the owner or operator... Section 229.166(a)(2) On or afterJanuary 1,2014, except as provided for in Section 229.115(b)(2),fora small, medium orlargeHMlWI, ." Section 229. I68(a)(2) On Or afterJanuary 1,2014, except

### as provided for in Section 229.llS(b)(2),for a rural HMlWI,

... Section 229. 184Cb)(2) On or afterJanuary 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 ofeach year thereafter, Section 229. I84(c)(3)(B) On or afterJanuary 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 encouragedto suggest alternate language 

### if the following is not acceptable): Section 229.l26(c): On orafterJanuary 1,2014, except as provided for in Section 229.115(b)(2), arural HMIWI, as defined in Section 229.IIO(a)(I) and (a)(2) shall comply with

... Section 229. 126(e):

...no owneroroperator ofa rural 

### HJvlTWI, as defined in Section 229.11O(a)(1) and (a)(2) ofthis Part

... 8. Section 229.146 Annual Testingfor Opacity Proposed Section 229. 146(a) and (b) do not specify "Before January 1,2014" and "On and afterJanuary 2,2014" as in proposed Section 229.148(a)(I) and (2). Should an initial timeframe be specified to indicate thatHMIWls 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 ParameterValues Section 229.150(a) states, "

...an 

### HJvlTWI

...shall not operate above any ofthe applicable maximum orbelow any ofthe applicable minimum operating parametervalues specified in Appendix B ofthis Part." Appendix B does not actually appear to list "operating parametervalues", but rather "Operating Parameters to beMonitored

..." Would you please comment on apossible 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 ofthis Part 229? Possible language: Section 229. 150(a)

...an 

### HJvlTWL.shall not operate above any ofthe applicable maximum orbelow any ofthe applicable minimum operating parameter values specified in Appendix B ofthe Part, except as provided for in Section 229.152(b).11 10. Section 229.160 Compliance Requirements for Rural HMlWls For the benefit ofthe 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 chargerate or below the minimum secondary chamber temperature determined during the initial performance test shall constitute a violation ofthe established operating parameter(s)" (Proposed Section 229.160(d))? Similar wording appears at proposed Section 229.150(d). Question 

### forStericycle, 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 reponingrequirements deadline ofJanuary 1, 2014 underSection 229.184(c)(2) needs to accountfor the extended compliance timeframe of229.1 15(b)(2). Ifso, Stericyc1e is requested to please suggest an alternate date ofcompliancefor reporting requirements.12
CERTIFICATE OF SERVICE

It is hereby certified that true copies ofthe foregoing order were mailed, first class, on April 20, 2011. to each ofthe persons on the attached service list. It is also hereby certified that a true copy ofthe foregoing orderwas 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 60601Rl1-20 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 ofthe Attorney General 69 W. Washington St, Suite 1800 Chicago, lL 60602 Jonathan Furr ChiefLegal Counsel 

### IDNR 524 S. Second St. Springfield, lL 62701-1787 Selin Hoboy Vice President, Legislative & Regulatory Affairs Stericycle,Inc. Suite 200BMP#105 Denver. CO 80209 Wade Van Zee Stericycle, Inc. 5815 Weldon Springs Rd. Clinton, lL 61727 

### 13IEPAATTACHMENT 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'SOFFICE



## MAy' 232011 STATE OF ILLINOIS Pollution Control Board I am in receipt ofyourrequest that the Department ofCommerce 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. CodePart229: HospitallMedical/lnfectious Waste Incinerators, Rll-20. Atthis time, the Departmentis unable to undertake such an economic impact study. Therefore, I mustrespectfully decline your request. Sincerely,

# iJ~~ Warren Ribley

-- Director

500to,1 Montt)t) Springfield, Wll10il 62701·1643 217/181)\00 • TOO 800/185·6055 2309**We~J** Moin, Suile 118 MiJrion, l!iirJois62959·11 80 618/99),4394 • 100.800/78\6055IEPA ATTACHMENT NO.

_



# ,. 

# •

••



# •• ••

• Protecting People. Reducing Risk: May 23,2011 Illinois Pollution Control Board Attn: Kathleen Crowley, Hearing Officer 100West 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 DearHearing 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 Guidelinesfor Existing Hospital, Medical and InfectiOUS Waste Incinerators (HMlWl)" (40 CFR Part60, SubpartCe). 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 ofhearing, on or before May 23, 2011. Stericycle understands that public hearings have been rescheduled forJune 8, 2011 andJune 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 proposalfor 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 accountfor the extendedcompliance time frame of229.Jl5(b)(2). 

### Ifso, Stericycle is requested to please suggest an alternate data ofcompliancefor 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 compliancedates.Illinois Pollution Control Board Kathleen Crowley, Hearing Officer Page 2 of3
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 subsequentquestion 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 ofthe 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 ofprogress Stericycle Prooosed Date Stericycle will submit Construction PermitApplication January 1,2012 i) Finalize all contracts for the purchase ofcither pollution August 1, 2012 control eauioment, orocess modification orcontrol svstems ii) Commence the implementation of either the process March 1,2013 modifications or the necessary construction or installation ofairpollution control devices for the HMIWI iii) Completc either the process modifications or the September 1,2013 installation or construction ofthe new air pollution control equipment iv) Final Compliance ,,) June 21, 2014 v) Complete the initial performance test in accordance with October 6,2014 Section 229.142 ofthis 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 ofoperating conditions and waste feed scenarios. Actual shakedown ofthe 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 ofconductingthe Initial Performance Test. Perdiscussions 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 thelIlinois Pollution Control Board Kathleen Crowley, Hearing Officer Page 3 of3
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 ofthe limitspresented 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 ofStericycle'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 OFIlL/NO'''' .,**Control~**



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

Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNaturalResources 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 WestWashington Street, 18th Floor Chicago,IL 60602 Selin Hoboy Vice President, Legislative & 

### Regulatory Affairs, Stericycle, Inc. Suite200 BMP105 Denver, CO 80209 Kathleen M. Crowley Hearing Officer Illinois Pollution Control Board 100West Randolph, Suite 11-500 Chicago, Illinois 60601 PLEASE TAKENOTICE that Ihave today filed with the Office ofthe Pollution Control Board the ILLINOIS EPAANSWERS AND FIRST ERRATATO QUESTIONS REGARDING HOSPITALIMEDICAL/INFECTIOUS WASTE INCINERATORS ofthe Illinois Environmental Protection Agencya copyofwhichis herewith served upon you, ILLINOIS ENVIRONMENTAL 

### PROTECTION AGENCYDATED: May 23, 2011 P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544 By: Charles E. Matoesian Assistant Counsel Division ofLegal CounselBEFORE 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 PROTECTIONAGENCY ("Illinois EPA" or "Agency"), by its attorney, Charles E. Matoesian, and files this response to the questions ofthe Illinois Pollution Control Board's ("Board") attachedto the Hearing Officer's OrderofApril 20, 2011.



### 1. Section 

### 229.102 Definitions IPCB: (a) Inthe definition of"Commercial HMIWI", please clarify whetherthe term "umelated" means "not owned oroperatedby the ownerofthe HMIWI". IEPA: The definition of" CommercialHMIWI" is asprovided in theEmissions Guidelines. The USEP A didnotdefine the term "unrelated" in the amended NSPS\Emissions Guidelines for HMIWls. We interpretthe term,for example, as in a situation where thefirm thatowns theHMIWIandthefirm thatgeneratedthe waste offiite. are notownedoroperatedby thesameparentcompany. IPCB: (b) The definitions ofthe terms "Minimum reagent flow rate" and "Minimum secondary chambertemperature" require demonstration ofcompliance with the applicable emission limits, including the limit for nitrogen oxide (NO,) Would it be acceptable to the Agency ifa cross reference to the emissions limit ofSubpart E ofPart 229 is added to both the definitions? IEPA: A cross reference has been addedto the definitions of the terms "Minimum reagent flow rate" and "Minimum secondary chambertemperature". 1"Minimum reagent flow rate" means 90 percent ofthe highest 3-houraverage reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at aminimum, once every minute) measured during the mostrecent performance test demonstrating compliance with the applicable NOx emissions limit specified in Subpart E ofthis Part.

"Minimum secondary chambertemperature" means 90 percent ofthe highest 3-houraverage secondary chambertemperature (taken, at a minimum, once every minute) measured during the mostrecentperformancetest demonstrating compliance withthe PM, CO, dioxin/furan, and applicable NOX emissions limits specified in SubpartE ofthis Part.

Section 229.104 Incorporations by Reference lPCB: IEP A has requested a waiverfor filing copies ofthe items proposed to be incorporatedby reference in Section 229.104. (The Board has yetto rule on the motion forwaiver.) AlthoughIEPAprovided an original ofthe items in proposed Section229.104(h) and (i), IEPA did not file originals ofproposed Section229. 104(f), (g), and 0). Since the latterare not items that needto bepurchased, the Agency is requested to pleaseprovide one original ofeach so thatthe record reflects the version that appears as ofthe date ofthe proposal. Rules incorporating materials byreference must also includethe name and address ofthe entity/organizationfrom which a copy ofthe material maybe obtained by interestedpersons. The Agency is requested to pleaseprovide the relevant information for the materials proposedto beincorporatedbyreference at Sections 229.104 (h), (i) and (j). IEPA: The address for ASTM is: ASTM International 100 BarrHarborDrive 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
2The following is the ANSI Customer Service contact information: E-mail: info(a)ansi .0["(( Phone: 212.642.4980 Fax: 212.302.1286 Attachedto the originalcopy (only) are the hardcopies of the materials requested.

3. Section 229.110 General Applicability ICPB: (a) The proposed subsection (a) sets forth the applicabilityrequirements that cover HMIWIs for which construction commencedbeforeDecember 1,2008, or for which modifications commenced before April 6,2010. The Agency is requested to please clarify whetherHMIWls forwhich construction commenced afterDecember 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 itbe 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 commencedafterDecember 1, 2008, or for which modification commencedafterApril

### 6, 2010are subjectto theNew Source PeiformanceStandards (NSPS) under40 CFR Part 60, SubpartEc, andare exempt from Part229 requirements as specifiedunderSection 229.112. Owners oroperators of HM1WIs thatarepotentiallysubject to SubpartEc requirements are encouragedto review the applicability requirements described under40 CFR 60.50c(a) and(m) to determine 

### if theirunits aresubjecttoNSPS requirements. IPCB: (b) Theproposed subsection (h) appears to have atypographical error. The Agency is requested to clarify whether the proposed cross reference to the emission limits underSection 229.125(e) should be actually Section229.125(c). IEPA: The IEPA submits the following amendment to Section229.110(h): h) On and after January 1, 2014, each owner and operatorofan HMIWI as defined in subsection 229.110 (a)(2) ofthis subpart is no longer subjectto the provisions under New SourcePerformance Standards for Hospital/MedicallInfectious Waste Incinerators (40 CFR 60, SubpartEc), butis subject to the emissions limits underSection**229.125~He1** or Section 229.126(c), and shall complywith all the applicable provisions of this Part. 34. Section 229.115 Compliance Schedules for HMIWls thatwill Continue to Operate IPCB: (a) Stericyc1e submitted an alternate proposal under229.115(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. Ifpossible, the Agency is further requested to propose an alternate timeline for Stericycle's consideration. (The hearing officernotes that the Agency and Stericycle remain free to discuss this matterbetween themselves in advance of hearing, and are encouraged to present any mutually acceptable alternative timelines at orbefore hearing onJune 8, 2011.) IEPA: Stericycle has not respondedto ourlast emailconcerning this date. Accordingly. theIllinoisEPA is keepingFebruary 1,2014as thefinal compliance date as Stericycle indicatedin theirFebruary 18, 2011,filing with theBoard.

IPCB: (b) Would itbe acceptable to the Agency ifthe term "paragraph" is replaced by the term "subsection" (as the Joint Committee on AdministrativeRules may require) in the proposed subsections (b)(I) and (b)(2). IEPA: The Illinois EPAproposes amendingsubsections 229.115(b)(1) and(b)(2) to read asfollows: 1) Except as provided in subsectionparagraph (2) ofthis subsection and unless another date is specified in the provisions ofthis Part, all owners or operators ofHMIWls shall complywith all ofthe provisions ofthis Part byJanuary 1, 2014. Except as provided in subsection paragraph (3) ofthis subsection, the owneroroperator ofan HMIWI may have until October6, 2014, to complywith this Part. To avail themselves ofthis extended compliance timeframe, the owneroroperatorofan HMIWI shall do all ofthe following:

Section 229.116 Compliance Schedules for HMIWls that will ShutDown 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 shutdown at adater laterthanJanuary I, 2014? Ifso, should the rules include aprovision 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 suggestedbelow? 4IEPA: Any HMIWIunit that is grantedcompliance extension but laterdecides to shut down mustdo so no laterthefinal compliance date as specified in the increments of

progress to avoidenforcement action. Since the unit is shutting down, not retrofitting, the owneroroperatormustsubmit a request to have the increments of

progress 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 ifcertain conditions are met. Theproposed Section 229. 120(a)(2) requires compliance with thepermitrequirements byJanuary 1,2014, but does notprovide 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 thatprescribe the January 1,2014 deadline without accounting for the extended compliance deadline ofOctober6,2014. Please comment on whetherthe following requirements shouldbe amended, as suggested, to recognize the extended deadlineunder Section 229.1 15(b )(2):

IEPA: No changes are neededto existing requirements timeline. Thepurpose of a compliance extension is to allow foradditional time for compliance demonstration by OWners oroperators of HMIWlunits thatneedto construct, reconstructequipment or forprocess modification in orderto achieve compliance. The issuance of a compliance extension to an HMIWIunitdoes not preclude its owneroroperator from continuing to comply with applicable existing Part229 requirements while the owneroroperatortakes steps to achieve final compliance with amendedrequirements. An owneroroperatorof an HM1WIunitas definedunderSection 229. 11O(a)(1) or (a)(2) that is granteda compliance extension will continue to comply with all applicable existingPart229 orHMIWINSPS requirements until thefinal compliance date specifiedin the increments of progress. Upon achieving final compliance, the units that weregrantedcompliance extension willstart complying with the applicable amendedrequirements underPart. HMIWlunits thatwere notgranted, or thatdidnotrequest for compliance extension are requiredto comply with all applicable requirements of the amended PartstartingJanuary 1, 2014.

7. Section 229.126 Emissions Limits for Rural HMIWls

5IPCB: Should Section 229, 126(c) and (e) also apply to rural HMIWls as defined in Section229.1 1O(a)(2)?

IEPA: Subsections 229,I26(c) and(e) introductory texts have been revisedto indicate applicability of these subsections to HMIWls as definedin subsection 229,IIO(a)(2), c) On and afterJanuary 1,2014, except as provided for in Section 229.1 15(b)(2), a rural HMIWI, as defined in Section229.1 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 owneroroperatorofarural 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 causeto be dischargedinto the atmosphere visible emissions ofcombustion ashfrom ash conveying system (including conveyor transferpoints), enclosures ofash conveying systems, buildings, or other sources in excess of5 percent ofthe observationperiodof9 minutes per3- hourperiod, according to Method 22, 40 CFR 60, Appendix A, incorporatedby reference at Section229,104(d) ofthis Part, except as provided bythe following exclusions:



### 8. Section 229.146 Annual Testing for Opacity IPCB: Proposed Section 229 ,146( a) and (b) do not specify "BeforeJanuary 1, 2014" and "On and after January 2,2014" as inproposed Section 229, 148(a)(l) and (2). Should aninitial timeframebe specified to indicate thatHMIWIs subjectto emissions limits underSection 229.125(c) do notneedto complywith the opacitytest schedule until "On orafterJanuary I, 2014"? IEPA: A timeline currently exists in Section 229,]4, This timelinegives meaningand context to the Illinois EPA's wording in Section 229.146(a) and (b).



### 9. Section 229.150 Compliance with Operating ParameterValues

6IPCB: Section 229.l50(a) states, "

... an HMTWI

... shall not operate above any ofthe applicable maximum orbelow any ofthe applicable minimum operating parameter values specified in Appendix 

### B ofthis Part." Appendix 

### B does not actually appearto list "operating parametervalues", but rather "Operating Parameters to be Monitored

... " Would you please comment on a possible clarification ofthis section since no actual minimum ormaximum values are listed in Appendix B7

Should Section229. l50(a) referenceproposed Section 229.152(b) forinstances where applicable operating parametervalues are not specified inAppendix B of this Part 2297

IEPA: Subsections 229.150(a) and(c) originaltexts have been revisedtoprovide more clarity. a) Following the date on which the initialperformance testis completed, or is required to be completed under Section 229.142 ofthis subpart, whichever date comes first, an HMIWI, using a dry scrubberfollowed by a fabric filter, awet scrubber, or dry scrubber followed by a fabric filter and awet scrubberef-ll;-Wlective f1sfleatal)'tie reduetisfi system to complywith the emission limits ofthis Part, shall not operate above any ofthe applicable maximum operatingparameters orbelow anyofthe applicable minimum operating parameter

### values specified inAppendix B ofthis Part. All operatingparameters shall bemeasured as a3-hourrolling 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 bemeasured on aperbatch basis.



### *** Ql;) ForHMIWls using airpollution control equipment otherthan a dry scrubber followed by a fabric filter, awet scrubber, ordry scrubber followed by a fabric filter and awet scrubber sr a selectivef1sflcatalytie reduetisfi systemto comply withthe emission limits under Section 229.125 orSection 229.126 ofthis Part, following the date on whichthe initial performance test is completed, as provided in Section229.142 ofthis Part, an HMIWI shall notoperate above any applicable maximum orbelow any applicableminimum operatingparametervalues establishedin its CAAPP permit. QC) Operatingparameter limits do not apply during performancetests.


### 10. Section 229.160 ComplianceRequirements for Rural HMIWIs

7IPCB: 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 chargerate orbelow 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»? Similarwording appears atproposed Section 229. 150(d). IEPA: In conducting an initialpeiformance test operatingparameterlimits atwhich compliance is achievedwith applicable emissions limits are established. The establishedvalues are requiredto be monitoredto determine continuous compliance with applicable emissions limits. 

## If a subsequentpeiformance testis required, new operatingparameterlimits atwhich compliance is achievedwith applicable emissions limits are requiredto be established. This is so because the operatingscenarios when the initialandthesubsequent tests were conductedmay ormaynotbe the same, andthis may result in different outcomes in terms of the level of emissions of testedpollutants during each test. Illinois EPA suggests thefollowing changes to Section 229.142: c) Following the date on which the initialperfonnance test is completed oris required to be completed under Section229.142 ofthis Subpart, whicheverdate comes first, the owners oroperators ofarural HMIWI shall not operate their HMIWI either above the maximum chargerate or below the minimum secondary chamber temperature measured as 3-hourrolling averages (calculated eachhour as the average ofthe previous 3 operatinghours) at all times. Operatiag parameter limits do aot apply dooag perfeIHlaRSe tests. d) Operatingparameter limits do not apply duringperfonnance tests. d) Operation aboye the miBl!mlim eharge rate orbelow the miaimlim seeoadary ehaJ.'i"lbertemperatme deteIHliaed dooag the iaitialperfeIHlaRee test shall eonstitlite aviolation ofthe established operating parameter(s).



### 8BEFORE 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 Ihave served the attached ILLINOIS EPA ANSWERS AND FIRST ERRATA TO QUESTIONS REGARDING HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS ofthe Illinois EnvironmentalProtection Agencyuponthepersons to whom it is directed, byplacingit in envelopes addressedto: TO: John Therriault, Clerk Illinois Pollution Control Board State ofIllinois Center 100WestRandolph, Suite 11-500 Chicago, Illinois 60601

Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNatural Resources OneNatural 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 andmailing samebyFirst Class Mail from Springfield, lllinois onMay23, 2011 with sufficientpostage affixed.SUBSCRJBED AND SWORNTO BEFOREME 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 inthis matter is scheduled for June 8, 2011 in Clinton. In response to the hearing officer orderofApril 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, therule proponent, the Illinois Environmental Protection Agency (IEPA), filed answers and a first errata sheet, including Exhibits A to H. Board staffhas examined these participants' filings, and intends to aska few follow-up questions concerning them. To facilitate hearing efficiency and participants' ability to provide information, these questions are attachedto this hearing officerorder, beginning atp. 2. As the hearing date is fast approaching, the hearing officer will e-mail this orderto rEPA and Stericycle today, in additionto having the Clerk's Office make usual mail service. Thehearing officerencourages participants to provide answers attheJune 8 hearing to the extend they can. But, ifadditional time is necessary to formulate responses, it is ofcourse acceptable to defer answers until the hearing scheduled for June 28, 2011. IT IS SO ORDERED.

Kathleen M. Crowley Hearing Officer, Illinois PollutionControlBoard 100 West Randolph Street, Suite 11-500 Chicago, Illinois 6060I (312) 814-6929 crowlek!Olipcb.state.il.usRl1-20 ATTACHMENT To Hearing Offieer OrderofJune 30, 2011 Board StaffFollow-up Questions to Information provided May 23 and 25, 20U in Response to April 20, 2011 Hearing Officer Order Althoughthe questions below are directed to specific participants, anyone is free to address any ofthe questions posed below: Followup questions to the 4-20-11 Hearing Officer Order: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY I. Section 229.104 Incorporations by Reference Forthe incorporations by reference, the Agency was requested to please provide the name and address ofthe entity ororganization from which a copy ofthe material maybe obtained. (a) The Agency did not provide contact information for the USEPA document proposed at 229.104(j), The USEPA address given onthe face ofthe document "Fabric Filter Bag Leak Detection Guidance" is: USEPA Office ofAir QualityPlanning and Standards Emissions, Monitoring and Analysis Division Emission Measurement Center (MD-19) Research Triangle Park, NC 27711 Usually, the general address for USEPA incorporations byreference seems to be: GPO. Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC 20401, (202) 783-3238. Wouldthe Agency please confirm the correct contactinformation for obtaining this document? (b) The Agency didnot provide an address for the existing Incorporation by Reference for Office ofManagement and Budgetfor 229.104(b) "Revised Statistical Definitions for MetropolitanAreas," OMB BulletinNo. 93-17, Office ofManagementand Budget, Washington, D.C. (June 30,1993). Would the Agency pleaseprovidethe correctcontactinformationfor this document as well?]

2. Section 229.116 Compliance Schedules for HMIWls that Will ShutDown The Agency was requested to clarify ifSection 229.116 provided an opportunity for HMIWIs pursuing the extended compliance timeframe to decide to shut down at a date laterthan January 2, 2014. IEPA respondedby 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 owneror operator must submit a request to have the increments ofprogress revised." Ifan HMIWI thatpreviously pursued an extended compliancetimeframe later decides to shut down, whatreason would there be to request a revision ofthe increments of progress? In this case, wouldn't they simply need to submita "written notice oftheir intentionto permanently shut down" as provided in 229.116(a)? Inthis light, please review the draft language atpp.5-6 andindicate what, ifany, revisions should be made. Section 229.120 CAAPP Permit Requirements The Agency was requested to clarify ifcertain sections ofthe proposedrule should recognize the extended compliance deadline under Section 229.115(b)(2). The Agency's response clarifiedthatthe purpose ofa compliance extension is to allow time for compliance with the new requirements, but it does notpreclude the HMIWI from complying with the old requirements during the interim. However, the proposed language does not seem clear onthatpoint. As proposed, the compliance extensionis "to comply with this Part." It doesn't refer tojustthe new requirements. The language should be clearthatthe compliance extension applies only to the new/amended requirements. Based onthat, please review the draft language atpp.5-6 and indicate what, ifany, revisions should be made.

Section 229.150 Compliance with Operating Parameter Values The Agency was askedto clarify languagerelating to operating parameters to be monitored. In response, the Agency proposed revised language. Did the Agency intend to strikethe reference to "a selective noncatalytic reduction system" thatwas proposed adding in the originalproposal? Stat. ofReas. at 11. Is the selective non-catalytic reduction systemno 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 atypo?)

!EPA 

### and STERICYCLE 5. Section 229.115 Compliance Schedules for HMIWls thatwill 

### 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 ofprogress. 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 originalproposal. The Board's staffnotedthat Stericycle did notpropose an alternate date for step "(iv) Perform initial startup ofthe retrofitted HMIWI by January 15,2002". Based onthis, please review the draft schedule provided at p. 7 and indicate ifboth participants concur. Ifnot, please specify what, mutually agreeable revisions should be made. Ifthere is no agreement, eachparticipant should be prepared to state its own position.5



### Draft Rule Revision Lauguage for Review and Concurrence or Revision by IEPA and Stericycle: (PreparedbyBoard'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) ofthis subsection, the owner oroperator of anHMIWI may have until October 6, 2014, to comply with the amended requirements ofthis Part, but mustcontinue to comply with the provisions of their current CAAP permit during the interim. To avail themselves ofthis extended timeframe, the owner oroperatorofan HMIWI shall do all ofthe following: Section 229.I15(b)(3) 

### !Ai Any owner or operator ofan HMIWI that fails to demonstrate compliance with this Partby October 6, 2014, shall cease operation ofthe HMIWI until compliance withthe provisions ofthis Part is achieved; or 

### (m Any owner or operator ofan 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 ofSection 229.116. 229.116 (a)ill. On orbefore October 6, 2014, for an HMIWI as defined in Section 229.110(a)(l) or (a)(2) ofthis Partsubjectto the emissions limits under Section 229.12S(c), as applicable, or Section 229.126(c) ofthis Part, which had pursued the extended compliance timeframe pursuantto Section 229.115(h)(2). Section 229.120la)l2) By January 1,2014, except as provided for iu Section 229.115(h)(2)(A) ofthis Part, for an HMIWI as defined in Section 229.11 O(a)(I) or (a)(2) ofthis Part. Section 229.125lc) On orafterJanuary 1,2014, except as provided for in Section 229.115(b)(2), each owner or operator ofa small, medium, orlarge HMIWI as defined in Section 229.1 IO(a)(l) and (a)(2) ofthis Part

...

### Section 229.126(c) On orafterJanuary 1,2014, except as provided for in Section 229.115(b)(21, a rural HMIWI,

... Section 229.I62(e) and CD On orafter January 1,2014, except as provided for in Section 229.115(b)(21,the owneroroperator. .. Section 229.1 66(a)(2) On or afterJanuary 1,2014, except as provided for in Section 229.115(b)(2), for a small, medium orlarge HMIWI,

... Section 229. 168(a)(2) On orafter January I, 

### 2014, except as provided for in Section 229.115(b)(2), for arural HMIWI,

... Section 229. I 

### 84(b)(2) On orafterJanuary 1,2014, except as provided for in Section 229.115(b)(2), the test dataand values

... Section 229. I 

### 84(c)(2) By January 1,2014, except as provided for in Section 229.115(b)(2), and byJanuary I 

### ofeach yearthereafter,

.. , Section 229.1 84(c)(3)(B) On orafterJanuary 1,2014, except as provided for in Section 229.115(b)(2), the values for site-specific

... DraftSchedule for Review and Concurrence orRevision byIEPA and Stericycle: (PreparedbyBoard's stajJ)



### 35 llt Adm. Code 229.115(b)(2) A) SubmitCAAPP application to the Agency, on Or before Januarv 1, 

### 2013

.. B) Meet the following increments ofprogress by the dates indicated: iI Finalize all contracts for the purchase ofeitherpollution control equipment, process modification orcontrol systems by August 1, 

### 2012;7 

### ii) Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofair pollution control devices for the HMIWI bv March 1,2013: iii) Complete eitherthe process modifications orthe installation or construction ofthe new air pollution control equipmentby 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 October6, 2014. Draft Schedule for Review and Concurrence or Revision by 

### !EPA and Stericycle: (Prepared

### byBoard's stafJ)



### 35 IlL Adm. Code 229.1 j 

### 5(b)(2) A) SubmitCAAPP application to the Agency. on orbeforeJanuary 

### 1, 2013

... B) Meetthe following increments ofprogress bythe dates indieated: i) Finalize all contracts for the purchase ofeitherpollution control equipment. process modification orcontrol systems by August 1, 2012: 

### in Commence the implementationofeitherthe process modifications orthe necessary construction orinstallation ofair pollution control devices for the HMIWI by March 1,2013; iii) Complete eitherthe process modifications orthe installation or constructionofthe new air pollution control equipmentbv 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 Partby October6,2014.CERTIFICATE OF SERVICE
It is hereby certified that true copies ofthe foregoing orderwere mailed, first class, on June 3, 2011, to each ofthepersons on the attached service list. Copies were also e-mailedto 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 deliveredto 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 6060I

# ~.-'M.~ Kathleen 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 9IEPA 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 ofDixon Nwaji, Environmental Protection Enginerer, AirQuality 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 & Stericycleto 35 TIL Adm. Code 229.115 "Compliance Schedules for HMlWIs ThatWill Continue to Operate (2 page document dated 6/8/11, further agreedto change in Sec. 229.115(b)(2)(B)(vii) on p. 2, strike-through initialed by hearing officer) !EPA Answers andFirstErrata to Questions Regarding HospitallMedical/ Infectious Waste Incinerators, filed 5/25/2011(excludingExhibit 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) StericycleInc. Testimony on Amendments to 35 lil. Adm. Code Part 229: HMlWI, filed 5/23/2011(3-page letter signedby Selin Hoboy,.VP Legislative and Regulatory Affairs) 6/23/2011 Hearing officerorderin RII-24addressingquestions to !EPA and Stericyclere respective filings of5/25/2011 & 5/23, 2011 (9-pages)

The next hearing is scheduled forJune 28, 2011 

# DDRIGINALIEPA 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 OFfLUNOIS 

### 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 #084-001340Page 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 ZEE1 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
241 

### 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: Thank1 

### 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 Officer1 

### 2
3 4 5 

### 6 7 8 

### 9 10 11 12 ( \ 

### 13 14 15 

### 16 17 18 

### 19 20 21 22 23 24 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.)
11 12 13 14 15 16 17 18 19 20 21 

### 22 23 

### 24

### 1 2 3 4 5 6 7 8 9 10 11 12 

## ( 13 14 15 16 17 18 19 20 21 22 23 24 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

### ( 

### Page 26
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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 ofEnvironmental 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. ofNatural 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 Ihave 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 ofwhich 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 ofLegal 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 OrderofJune 30, 2011 Board StaffFollow-up Questions to Information provided May 23 and 25, 2011 in Response to April 20, 2011 Hearing Officer Order Although the questions below are directedto specific participants, anyone is free to address any ofthe questions posedbelow: Follow up questions to the 4-20-11 Hearing OfficerOrder: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY I. Section 229.104 Incorporations by Reference IPes: Forthe 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 acopy 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 of Air 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. GovernmentPrinting 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 bestof myknowledge, this is the correctaddress. GPO Superintendent of Documents Us. GovernmentPrinting Office P979050 St. Louis M063197-9000

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 Bnlletin No. 93-17, Office ofManagement and Budget, Washington, D.C. (June 30,1993). Would the Agency please provide the correct contact information for this docnment as well? IEPA: Aftersearching, to the bestof my knowledge, this is the correctaddress. ManagementandBudget Office National TechnicalInformation Services 5285 PortRoyalRoad Springfield, VA 22161 3

2. Section 229.116 Compliance Schednles for HMIWls thatWill Shut Down IPCB: The Agency was requested to clarify ifSection 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, 20I4, !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 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. II Ifan 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 describedin the BoardStaff question is besthandledthroughpermitting Under40 CFR 60. 3ge(d)(I) owners oroperators of liMIWIs thatplan topetitionfor compliance extension are to do so before the rule compliance date: that is, before January I, 20I4. Since the liMIWIis now operating undera CAAPPpermit that includes specifiedincrements of progress, to avoidbeingsubjectto any requirement underPart 229, the owner or operatorshouldrequesta revision of the increments (if progress. A revision of the increments of progress is required because the increments of progressfor afacilityplanning to shutdown its liMIWIorretrofitandcontinue to operate afierJanuary 1, 2014 are not the same. The l/linois EPAproposes amending Section 229.116to enable owners or operators thatplan to shutdown theirHMIWIs rather than come into compliance with the amendedrequirements underPart 229, butare unable to do so byJanuary 1, 2014, to petition IE? Afor an extension. The revisions readasfollows: Section 229.1I6(a): 2) On or before Janumy 1, 2013, exceptas providedfor in Section 229. II6(c),for an liMIWIas definedin Section 229.1I 0 (a)(I) or (0)(2) of thisPartsubjectto the emissions limits underSection 229.125(c), as applicable, orSection 229.126(c) of thisPart.

4 Section 229.II6:

### Electronic Filing

-Received, Clerk's Office, 06/13/2011

c) Except as pn)l,.'jdedin subsection ((·)(5) of/his Section. mvners or operators /}']LtVhave up to Oc!obet 6,2014. to shut dm-I'n theirHlvfnYIs to avoidbeing subiect to anv requirement underPart 229. To avail themselves oOh;s ex/endedcompliance timefi"ame, the OVv'l1er or operator oran HAfIWIshall. I) Submit its application to theAgene)!. bvJulv 1.**2013~** requesting an extendedcompliance schedule. pursuant to Section 395(5)(d) offheAct, [415 ILCS 5/395(5)(dll This compliance schedule shall include documentation of the analysis undertaken 10support the needfor 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 notsufficient, andincrementalsteps to be taken toward compliance lvith applicable requirements of this Part that; .li--_Ifan onsite alternative wqste treatment technology is neededto be installedbefore the HMIWIis shutdown, an application fOr compliance extension shallinclude thefOllowing elements of increments of progress andcompletion datefor each step of progress: A) Finalize contractwith an alternative waste treatment technology vendor,· B) Initiate amite construction or installation of alternative waste treatment technology: C) Complete onsite construction or installation or alternative waste treatmenttechnology: D) Take the steps describedundersubsection (h) offhls Section to demonstrate thatthe HMIWIhas been renderedpermanently inoperable, 3) Iran onsae alternative waste treatment technologYis not neededto be installedbefOre an HMIWIis shutdown, an applicationfor compliance extension shall include aplan for shutdown. The planfOr shutdown shallinclude steps describedundersubsection (hi offhis Section to demonstrate that the HMIWIhas been renderedpermanently inoperable. 5

### Electronic Filing

-Received, Clerk's Office, 06/13/2011

4) I(a petitionf(?r compliance extension is granted. the owner or operatoro(an HMIWIas detinedin Section 229. 

### II 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 thatfilils to demonstrate compliance**~vith** this Part bv October 6. 2014, ,,,,hallcease operation oOlle HAIIWI until compliance \<tifth the provisions of this Part is achieved.. 6) Notwithstanding subsection (eif}) o(this Section. all owners or operators o(HMIWIs shall be in (ull compliance with all ofthe HMIWIoperatorprovisions Q,[Subpart .Io(this Part bv._ Januarv I. 2014.

3. Section 229.120 CAAPP Permit Reguirements IPCB: The Agency was requested to clarify ifcertain sections ofthe proposed rule should recognize the extended compliance deadline under Section 229.115(b)(2). The Agency's response clarified that the purpose ofa 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 refertojustthe 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, ifany, revisions should be made. IEPA: The Illinois EPA proposes amending subsection 229.II5(b) by: i) Re-numbering subsection (b)(3) as (b)(4); ii) Re-numberingsubsection (b)(4) as (b)(5), and iii) Revising subsection (b)(2) iv) Addinga new subsection (b)(3) Subsections (b)(2) and (b)(3) readasfollows.' 2) Except asprovidedin subsectionf1JJi1l

### f31 of this Section ",,,eseotion, the owner or_operatorof an HMIWImay have up to October 6, 2014, to come into compliance with the emissions limits underSection 229.125(cl or229.126(c) o( compl}' 1Ii#l this Part, as applicable. To availthemselves of this extended compliance,timeframe, the owneroroperatorof an 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 owneroroperatorof an HMIWIas definedin Section 229110 (010lor (01(21 must continue to complv lvith the provisions of theircurrent ('AAPpermitduring 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, ofReas, 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?) IEP A: The strikeout was nota typo; selective non-catalytic reduction is stillan optionjust like othercontrol types notlistedin theproposedrule, Theprovision underproposed subsection 229.150(b) essentially conveys the same information on compliance requirement for SNCR operation as in subsections 229.150(0) and229. 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 ofprogress. 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 staffnoted 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 atp, 7 and indicate ifboth paJiicipants concur. Ifnot, 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 reviewedthepertinentparts of the rule and, in conjunction with Stericycle, developeda new timeline which was submittedas Exhibit 2 at the June 8, 20JJ, 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: (PreparedbyBoard'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 ofthis Part, but must continue to comply with the provisions oftheir current CAAP permit during the interim. To avail themselves of this extended timeframe, the owner or operator ofan HMIWI shall do all ofthe following: IEPA: See response to Question #3 above. IPCB: Section 229.115Ib)13) 

### ill

(8) Any owner or operator ofan HMIWI that fails to demonstrate compliance with this Part by October 6,2014, shall cease operation ofthe HMIWI until compliance with the provisions of

this Part is achieved; or Any owner or operator ofan 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 ofSection 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) ofthis 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) ofthis Part, for an HMIWI as defined in Section 229.11 O(a)(I) or (a)(2) ofthis Part. IEPA: AllHMIWls are requiredto operate undera Title V permit requirementbyJanuary I, 2014 even 

### if theyare operating undera compliance extensionprovision.

### 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 EPAproposes amending subsection 229.125(e) to readas/i)llows: c) On or ajierJanuary 1. 2014. exceptas provided(i,r in Section 229.1I5(b)(3) orSection 229.1 16(e)(4). as applicable, each owner oroperatorof a small, medium, orlarge HMIWIas dejinedin Section 229.110(a)(I) or (a)(2) of this Part, shall comply with theji)llowing emissions limits: IPCB: Section 229. 126(c) On or afterJanuary I, 2014, except as provided for in Section 229.115(b)(2), arural HMIWl,

.., IEPA: The Illinois EPAproposes amending subsection 229.126(c) to readasfollows: c) On orafterJanuary 1, 2014, exceptas provided(or in Section 229.115(b)(3) orSection 229.1 16(c)(4), as applicable. a rural HMIWIas definedin Section 229110(a)(l) or (0)(2) of/his Part, shallcomply with thefollowing emissions limits: IPCB: Section229.162(e)andiD On or afterJanuary 1,2014, except as provided for in Section 229.115(b)(2), the owner or operator .., 1EP A: AllHMIW1s are requiredto comply with annual equipment inspection andairpollution controldevice inspection requirements effectiveJanuary 1, 2014 even 

### ifthey are operating undera compliance extensionprovision. IPCB: Section 229,1 66(a)(2) On or afterJanuary 1,2014, except as provided for in Section 229.115(b)(2), for a small, medium or large HMIWI,

... 1EPA: The Illinois EPAproposes amendingsubsection 229.166(a)(2) to readasfollows: 2) On orajicrJanuary 1,2014, exceptasprovided(or in Section 229.1I51b)(]) or Section 229.1 16(c)(4),for a small, medium orlarge HM1W1, anda rural HM1WIthat is_equippedwith an airpollution controldevice(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 EPAproposes amending subsection 229.168(a)(2) to readasfollows: 9 2) On or afterJanuGlY 1, 2014, except as providedfiJI' in Seclion 229. 115(bl(3) orSection 229. 116(c)(41 fiJI' a rural HMIWIthat is not equippedwith an airpollution controldevice(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 EPAproposes amendingsubsection 229. 184(b)(2) to readasfollows: 2) On or aflerJanuary 1, 2014, exceptas providedfor in Seclion 229. 115(bl(3) orSection 229. 116(cI(4). applicable Ihe lestdata and valuesfor the site-specific operatingparameters establishedpursuant to Section 229. 142(b)(3), (4) or (5), as applicable, anda description, including sample calculations, of how the operatingparameters were establishedduring the initialperformance testforan HMIWIsubjectto the emissions limits underSection 229. 125(c) or (el, orSection 229.126(c) of this 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 ofeach yearthereafter, ". IEPA: The Illinois EPAproposes amending subsection 229.184(c)(2) to readasfollows: 2) ByJanuary 1, 2014 andbyJanuGlY 1 of eachyearthereafter, exceptas providedfOr in Section 229. 115{b)(31 orSection 229.116(c)(4), applicable,foran HMIWIsubjectto the emissions limits underSection 229. 125(c) orSection 229. 126(c) of this 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 EPAproposes amending subsection 229. 184(c)(3)(B) to readasfollows: B) On or afterJanuary 1,2014, exceptasprovidedfor in Section 229.115(b!(3) orSection 229.116([')(4), applicable, the valuesfor sitespecific operatingparameters establishedpursuantto Section 229. 142(b)(3), (4) or (5) of thisPart, as applicable;

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10

Draft Schedule for Review and Concnrrence or Revision by !EPA and Stericycle: (Preparedby 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 ofprogress by**the.<:JJ!~?** indicated: i) Finalize all contracts for the purchase ofeither pollution control equipment process modification or control systems by August 1, 2012; ii) Commence the implementation of either the process modifications or the necessary construction or installation ofair 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 equipmentby 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 Partby 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 ofEnvironmental Enforcement Office ofthe Attorney General James R. Thompson Center 100 West Randolph St., Suite 1200 Chicago, IL 60601 Mitchell Cohen, ChiefLegal Counsel Illinois Dept. ofNatural Resources One Natural Resources Way Springfield, IL 62701

Dated: June 13, 20II 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 ofLegal CounselIN 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 ofDixon 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 ThatWill 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 Erratato Questions Regarding HospitallMedical/ Infectious Waste Incinerators, filed 5/25/2011(excludingExhibit A-H) (12-pages) Exhibit4 Stericycle Inc. Testimony on Amendments to 35 Ill. Adm. Code Part229: 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 lettersigned by Selin Hoboy, VP Legislative and Regulatory Affairs) Exhibit 6 6/23/2011 Hearing officerorderin RII-24addressing questions to IEPA and Stericyclere respective filings of5/25/2011 & 5/23, 2011 (9-pages) Exhibit 7 IEPA Answers and SecondErratato 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 Boardby4:30 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) 419-9292Page 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) 419-92921 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 everyonePage 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 JunePage 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 byPage 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 toPage 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 myPage 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 onPage 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, thenPage 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 postPage 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 thePage 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 StatePage 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 24Page 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

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### Page 19**I~** IEPAATTACHMENT No.2



## OFFICE OF THE SECRETARY OF STATE JESSE WHITE' Secretary ofState
June 23, 2011

POLLUTION CONTROL BOARD JOHN THERRIAULT ASSISTANT CLERK 100 W RANDOLPH ST, STE 11-500 CHICAGO,IL 60601 DearJOHN THERRIAULT ASSISTANT CLERK Your rules Listed below met ourcodification standards and have beenpublished inVolume 35, Issue 27 ofthe 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 

# -R11-23(4) 

# fZ/1- 23 

# (4) 

# ? 11- 2V
Ifyou have any questions, you may contactthe Administrative CodeDivision at

(217) 782 -7017.

Index Department

- Administrative Code Division

- III East Monroe Springfield, IL 62756ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS I) Heading ofthe Part: HospitallMedicaIlInfectious Waste Incinerators 2) Code Citation: 35 Ill. Adm. Code 229 3) SectionNumbers: 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 ProposedAction: 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) StatutoryAuthority: Implementing Section 10 and authorizedby Sections 27, 28, and 28.5 ofthe Environmental Protection Act [415 ILCS 5110, 27, 28, and 28.5] 5) A CompleteDescription ofthe Subjects and Issues Involved: 

### RECEIVED 

## 'jUN 20 

## 2011 80S-CODE DIV.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS A lengiliierdescription ofthis rulemaking to date is contained in the Board's first notice opinion and order inAmendments to 35 

### Ill. Adm. Code Part 229: Hospital/Medical/InfectiousWaste Incinerators (HMIWI), R11-20 (June 16, 2011). The proposed rules arebased on aproposal filed December23,2011 bythe IHinois Environmental Protection Agency (!EPA). Theyreflect amendments adoptedbythe United States Environmental Protection Agency (USEPA) to tightenup federal air quality standards, includingnew source performance standards and emissions guidelines. Theproposed rules are more stringent than existingrules, and have aJanuary 1, 2014 compliancedate. The lEPA reports Illinois currentlyhas only one HMIWI facility to which the new rules would apply: the Stericycle, Inc. facility located in Clinton, DeWitt County. The Board has held ahearing on theproposed rules on June 8, 2011. Stericycle testified that itbelieved it could come into complianceby the various interim dates set in therules. IfIllinois does not adoptrules as statelaw, USEPA will actinstead. USEPA adopted its "Standards ofPerformance for New StationarySources 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 AirAct (CAA), 42 USC7429(c), requires USEPA to develop aFederal ImplementationPlan (FIP) within two years offederal rule promulgationofrules i.e. by October 6, 2011, unless the states adopt an approvable State ImplementationPlan (SIP) revision containingthenew incineratorrules

.. 6) Published studies orreports, and sources ofunderlying data, used to composethis rulemaking: a) Standards of Performance forNew Stationary Sources andEmission Guidelines forExisting Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule. 62 Federal Register48348, September 15,1997. b) Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 1999) c) Standards of Peiformance forNewStationarySources andEmission Guidelines forExistingSources: Hospital/Medical/Infectious Waste Incinerators; Final Rule. 74Federal Register51368, October6, 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.MACTPerformanceDataforHMTWIILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Facilities (Docket ID No.: EPA-HQ-OAR-2006-0534) f) Thomas Holloway, July 6, 2009. RevisedCompliance Costs andEconomicInputs forExistingHMIWI(Docket ID No.: EPA-HQ-OAR-2006-0534) g) Medical Waste Incinerators

- BackgroundInformationforProposedStandards and Guidelines: Control Technology Performance Report forNew andExisting Facilities U.S. Envirorunental Protection Agency. July 1994. (Docket ID No. EPA-453/R-94-044a). h) Medical Waste Incinerators

- BackgroundInformationforProposedStandards and Guidelines: Model PlantDescription and CostReportforNew andExisting Facilities U.S. Envirorunental ProtectionAgency. July 1994. (Docket ID No. EPA-453/R-94-045a). i) Stericycle, Inc. Waste ManagementPlan. Submittedto Illinois EPA as an attachment to annual performancetestresults. j) Response to Information Collection Request. Stericycle, Inc. December20, 2007. (DocketID No. EPA-HQ-OAR-2006-0534) k) Guidelines forProtecting the Safety andHealth of Health Care. The National Institutefor Occupational Safety and Health (NIOSH). PublicationNo. 88-119. September 1988. I) Stericycle, Inc. EnvironmentalResponsibility. http://www.stericycle.comlmedical-waste-disposallhea1th-safety.html Assessed onMarch 10,2010. m) EconomicImpacts of RevisedMACTStandardsforHospital/Medical/Irifectious Waste Incinerators. Katherine Heller, et 

### al. July2009. (Docket ID No. EPAHQ-OAR-2006-0534) n) Illinois Envirorunenta1 Protection Act (415 ILCS 5/et seq.). 0) CleanAirAct (42 U.S.C. 7401 et seq.). 7) Will these proposed amendments replace an emergencyrule currentlyin 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 byreference? Yes. See 35 III. Adm. Code 229.104,"Incorporations by Reference 10) Are there any otherproposed amendments pending on this Part? No. 11) Statement ofStatewide Policy Objectives: This proposed rule does not create orenlarge a Statemandate, as defined in Section 3(b) ofthe State Mandates Act. [30 ILCS 805/3(b) (2006)]. 12) Time, Place, and Mannerin which interestedpersons may comment onthis proposed rulemaking: The Board wil! accept written public comments on l.ltis proposal for aperiod offorty-five (45) days afterthe date ofpublicationinthe Illinois Register. Comments should reference Docket Rll-20 andbe addressed to: Clerk's Office Illinois Pollution ControlBoard James R, Thompson Center, Suite 11-500 100 W. Randolph St. Chicago, IL 60601 The Boardwill accept oral public comment atthe secondhearing inthis docket, set for: June 28,2011, at II :00 atJames R, Thompson Center, Room 11-512, 100 W. Randolph St., Chicago 11. Persons interested in testifying should contact the hearingofficer, Kathleen Crowley, at 312-814-6929, Interestedpersons may obtain copies ofthe Board's opinion and orderby downloading it from the Board's Web site atwww.ipcb.state.il.us orby calling the Clerk's office at 312- 814-3620. 13) Initial Regulatory FlexibilityAnalysis: !EPAreports that there is only one source affected in Illinois: Stericycle, Inc. in Clinton, DeWittCounty. Stericycle does not identifYitselfas 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 SUBCHAPTERc: 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 ThatWill 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 HMIWIsILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed) Section 229.130 Operation During Periods ofStartup, 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 ofOperating 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 forHMIWls Using CEMS Violations by HMIWIs Equipped with a Dry ScrubberFollowed by a Fabric Filter Violations by HMIWIs Equipped with a Wet Scrubber Violations by HMIWls Equippedwith a Dry ScrubberFollowed by aFabric Filter and a Wet Scrubber Compliance Requirements for Rural HMIWIs InspectionRequirements 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 HMIWIsILLINOIS 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 OffSite 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 forPerformanceTests AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section27 ofthe Environmental ProtectionAct (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

_ SUBPARTA: GENERAL PROVISIONS Section 229.100 Abbreviations The following abbreviations have been used inthis part: Act Agency Board Btu CAAPP Cd Illinois Environmental ProtectionAct [415 ILCS 5] Illinois Environmental Protection Agency Illinois PollutionControl Board British thermal units CleanAir Act Permit Program [415 ILCS 5/39.5] CadmiumILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 perdry standard cubic foot Hydrogen chloride Mercury HospitallMedicallInfectious Waste Incinerator hour pound(s) milligrams perdry standard cubic meter milligrams nanograms per dry standard cubic meter Nitrogen Oxide Lead Particulate matter parts per million by volume Sulfurdioxide Toxic equivalent eqllivaleney United States Environmental Protection Agency (Source: Amended at 35 Ill. Reg. "effective**~)** Section 229.102 Definitions The definitions contained inthis Section apply only to the provisions ofthis Part. Unless otherwise defined herein and unless a different meaning ofaterm 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 ofa fabric filter in orderto detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, lightscattering, light-transmittance, orothereffects to monitor relative PM loadings. "Batch HMIWI" means an 

### HMIWI that is designed in such a way that neitherwasteILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS charging nor ash removal can occur during combustion. "Biologicals" means preparations made from living organisms and theirproducts, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, ortreating humans or animals or in research pertaining thereto. "Body fluids" means liquid emanating or derived from humans and limited to: blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; semen and vaginal secretions. "Bypass stack" means an alternative stack used for discharging combustion gases to the atmosphere primarily to avoid severe damage to an airpollution control device orother equipment. "Charge" means the act ofplacing waste into an HMIWI for incineration. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose ofstopping orreversing the growth of malignant cells. "Co-fired combustor" means a unit combusting hospital waste ormedical/infectious waste with other fuels or wastes (e.g., coal, municipal solid waste) and subjectto an enforceable requirement limiting the unitto combusting a fuel feed stream, ofwhich 10 percentor less ofthe weight is comprised, in aggregate, ofhospital waste and medical/infectious waste as measured on a calendar quarter basis. Forpurposes ofthis defmition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered "other" wastes when calculatingthe percentage ofhospital waste and medical/infectious waste combusted. "Commercial HMIWI" means an HMIWI 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 ofapollutantfrom an affected facility. "Continuous HMIWI" means an HMIWI that is designedto allow waste charging and ash removal during combustion.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "Dioxins/furans" means the total emissions ofany 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 powdermaterial. "Fabric filter" means an add-on airpollution control system thatremoves 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 ofan HMIWI. Alternative titles may include director offacilities orvice president ofsupport services. "High air phase" means the stage ofthe batchoperating cycle when the primary chamber reaches and maintains maximum operating temperatures. "Hospital" means any facility that has an organized medical staff, maintaining atleast 6 inpatientbeds and where theprimary function ofthe facility is to provide diagnostic and therapeutic patient services and continuous nursing careprimarily to human inpatients who are not related and who stay on average inexcess of24 hours per admission. This definition does not include facilities maintained for the sole purpose ofproviding nursing or convalescent care to humanpatients 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 amountofhospital waste ormedical/infectious waste. "Hospital waste" means discards generated at ahospital, except unused items returnedto the manufacturer. The definition ofhospital waste does not include human corpses, remains, or anatomical parts that are intended for intermentor cremation. "HMIWI operator" means any person who operates, controls, or supervises the day-today operation ofan HMIWI. "Infectious agent" means any organismthat is capable ofbeing communicated by invasion and multiplication in bodytissues and is also capable ofcausing disease or adverse health impacts in humans.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

"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 perhour; or A continuous or intermittent HMIWI whose maximum charge rate is more than 500 lbs perhour; or A batch HMIWI whose maximum charge rate is more than 4,000 lbs perday. "Low-level radioactive waste" means waste that contains radioactive nuclides emitting primarily betaorgamma radiation, orboth, in concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spentnuclear fuel, orby-product material as defined by the Atomic Energy Actof 1954 (42 U.S.C. 2014(e)(2». "Malfunction" means any sudden, infrequent, andnotreasonably preventable failure of air pollution control equipment, process equipment, orofaprocess to operate in a normal orusual manner. Failures that are caused, in part, by poor maintenance orcareless operation are not malfunctions. "Maximum charge rate" means: Forcontinuous and intermittentHMIW1, 110 percent ofthe lowest 3-hour average charge rate measured during the most recent performance testdemonstrating compliance with all applicable emission limits specified in Subpart E ofthis Part. Forbatch HMIWI, 110 percent ofthe lowestdaily 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 andcontinuous HMIWI: C=Pv x 15,000/8,500ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

= HMIWI capacity, Ib/hr primary chambervolume, ft' primary chamberheat release rate factor, Btulft'/hr standard waste heating value, Btu/lb; Where:

C 

### P

v 15,000 = 8,500 = Forbatch HMIWI: C=Pv x4.5/8 Where:

C Pv 4.5 8 = HMIWI capacity, I blhr

= primary chamber volume, ft3 

### = waste density factor, Ib/ft' 

### =typical hours ofoperation ofabatch HMIWI, hours. "Maximum fabric filter inlettemperature" means 110 percent ofthe lowest 3-hour average temperature at the inletto the fabric filter (taken, at a minimum, once every minute) measured during the most recentperformance test demonstrating compliance with the applicable dioxin/furan emission limit specified in Subpart E ofthis Part. "Maximumflue gas temperature" means 110 percent ofthe lowest 3-houraverage temperature atthe outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance withthe applicable Hg emission limit specified in SubpartE ofthis Part. "Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beings or animals, in research pertaining thereto, orin the production ortesting ofbiologicals. The definition ofmedicallinfectious waste does not include hazardous waste identified or listed underthe regulations in 40 CFR261; household waste, as defined in 40 CFR 261.4(b)(I); and domestic sewage materials identified in 40 CFR 261.4(a)(l). Forthe purposes ofthis Part, medicallinfectious waste includes: Cultures and stocks ofinfectious agents and associated biologicals, including: vaccines and cultures intended foruse in diagnosing, immunizing, ortreating humans or animals; cultures from medical and pathological laboratories; cultures and stocks ofinfectious agents from research and industrial laboratories; wastes from theproductionofbiologlcals; and discarded live and attenuated vaccines;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Human pathological waste, including tissues, organs, and bodyparts and body fluids thatare removed during surgery orautopsy, or other medical procedures, and specimens ofbody fluids and theircontainers; Human blood, any products derived from human blood, oranything thathas 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 treatmentor in medical, research, or industrial laboratories, including hypodermic needles, syringes (with orwithout the attached needle), pasteurpipettes, scalpel blades, blood vials, and needles with attached tubing; Culture dishes, regardless ofthe presence ofinfectious agents, and culture dishes and devices used to transfer, inoculate, and mix cultures; Any type ofbrokenorunbroken glassware thathas been in contactwithinfectious agents; Animal waste, including contaminated animal carcasses, body parts, bedding of animals thatwere known to have been exposed to infectious agents during research (including research inveterinary hospitals), production ofbiologicals or testing ofpharmaceuticals; Isolation wastes, including biological waste and discardedmaterials contaminated with blood, excretions, exudates, orsecretions from humans who are isolatedto 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 perhour; or A continuous or intermittent HMIWI whose maximum chargerate, as setby permit, is more than 200 lbs perhourbutless than orequal to 500 lbs perhour; orILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

Abatch HMIWI whose maximum charge rate, as setby permit, is more than 1,600 lbs per day but less than orequal to 4,000 Ibs per day. "Minimum dioxin/furan sorbent flow rate" means 90 percent ofthe highest 3-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the applicable dioxin/furan emission limit specified in Subpart Eofthis Part. "Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-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 SubpartE ofthis Part. "Minimumhorsepower" or "minimumamperage" means 90 percent ofthe highest 3-hour average horsepower or amperage to the wet scrubber (taken, ata minimum, once every minute) measured during the most recent performance test demonstrating compliance withthe 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 inthis SubpartE 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 Eofthis Part. "Minimum scrubber liquor flow rate" means 90 percent ofthe highest 3-hour average liquorflow rate at the inlet to the wet scrubber (taken, at aminimum, once every minute) measured during the most recent performance test demonstrating compliance withthe applicable emission limits specified in SubpartE ofthis Part.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

"Minimum scrubber liquorpH" 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 ofthis Part. "Minimum secondary chambertemperature" means 90 percent ofthe highest 3-hour average secondary chambertemperature (taken, at a minimum, once every minute) measured during the 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)' ehameertemperatHfe (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-hourperiod between 12:00 midnight and the following midnightduring which any amountofhospital waste ormedical/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 ofonly human or animal remains, anatomical parts, tissue, and the bags or containers usedto collectandtransportthe waste material and associated animal bedding, ifapplicable. "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 BulletinNo. 93-17, incorporatedbyreference at Section 229.104(b) ofthis Part, meets the criteria specified in the definition of"small HMIWI" and bums less than 2,000 Ibs perweekofhospital waste and medical/infectious waste (except the 2,000 Ibs perweek limitation does not apply during performance testing).ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "Secondary chamber" means that component ofan HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed. "Shutdown" means the period oftime after all waste has been combusted in the primary chamber. "Small HMIWI" means: An HMIWI whose maximum design waste burning capacity is less than orequal to 200 lbs per hour; or Acontinuous or intermittentHMlWI whose maximum chargerate, as setby permit, is less than orequal to 200 lbs per hour; or A batch HMIWI, whose maximum charge rate, as setbypermit, is less than or equal to 1,600 lbs perday. "Startup" means the period oftime betweenthe activation ofan HMIWI and the first charge ofwaste to the unit. Forbatch HMIWI, startup means the period oftime between activation ofan HMIWI and ignition ofthe waste. "Wetscrubber" means an add-on airpollution control device that utilizes eitheran alkaline orsome other type ofscrubbing liquorto collectpollutants and/orneutralize acid gases. (Source: Amended at 35 Ill. Reg. , effective -') 

### Section 229.104 Incorporations by 

### Reference The following materials are incorporated in this Partbyreference. These incorporations by reference do not include any later amendments oreditions. a) "An Ounce ofPrevention: Waste Reduction Strategies for Health Care Facilities," American Society for Healthcare Environmental Services, 840 North Lake Shore Drive, Chicago, Illinois, 60611 (l993). b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No. 93-17, Office ofManagement and Budget, Washington, D.C. (June 30, 1993). Office ofManagement and Budget, National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. (703) 487-4600.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 (20I0). 

## 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 BarrHarborDrive, PO Box C70, West Conshohocken. PA 19428-2959. (610) 832-9585. j} "Fabric FilterBag 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 --') SUBPARTB: APPLICABILITY Section 229,110 General Applicability a) Except as provided for in subsections (b). (c), (d) and (e) ofthis Section and Section 229.112 ofthis Subpart, this Part applies to all HMIWls for which: 

# .u Construction commenced eitheron or beforeJune 20, 1996, or modification was commenced either on orbefore March 16, 1998: or 2} Construction commenced either afterJune 20, 1996 butno laterthan December 1, 2008, or for which modification is commenced afterMarchILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 16, 1998 but no laterthan April 6, 20I

### O.

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 of

### tilis 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 owneror operatorof 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 ofthis Part, or Section 39.5 ofthe Act. c) An HMIWI thatcombusts only pathological waste, low-level radioactive waste, orchemotherapeutic waste is subjectto only the recordkeeping requirements set forth in**Section~** 229.l82(c), (f) and (g) ofthis Part, provided that the owner or operatorofan HMIWI provides, by December IS, 1999, boththe Agency and the USEPA with a written certificationofits 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 owneror operatorofthe combustoris subjectto 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 ofhospital waste, medical/infectious waste, and other fuels and/or waste combusted atthe facility. e) Any hospital thatdoes 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 owneroroperator ofan 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)ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS ofthis Section is no longer subject to the emissions limits under Section 229.125(al or Section 229.126(al ofthis 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 subjectto the provisions under New Source Performance Standards for HospitallMedical/Infectious Waste Incinerators (40 CFR 60, SubpartEel, 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. (Source: Amended at 35 Ill. Reg. , effective l 

### Section 229,112 Exemptions Notwithstanding otherprovisions ofthis Part, the following emission units are exempt from the requirements ofthis Part: a) Any combustorrequired to have apermitunder Section 3005 ofthe Solid Waste Disposal Act, 42 U.S.C. 6925; b) Any municipal waste combustor that meets the applicabilityprovisions for municipal waste combustors under Subparts Cb, Eaor Eb of40 CFR 60; c) Any pyrolysis unit (Le., a unitthat uses endothermic gasificationto treat hospital waste ormedical/infectious waste inorder to render such wasteharmless); d) Any cementkiln firing hospital waste or medical/infectious waste; or Any HMIWI that meets the applicability provisions for Standards ofPerformance for HospitallMedicallInfectious Waste Incinerators under SubpartEc 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 SulJpartEe of4Q CFR 6Q.!iQe. (Source: Amended at 35 IlL Reg. , effective -')ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS SUBPART C: COMPLIANCE SCHEDULES Section 229.115 Compliance Schedules for HMIWIs ThatWill Continue to Operate 

### 1!l Before January I. 2014. each owneroroperatorofan 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 inthe 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.l

## Wofthis Section, the owner or operatorofan HMIWI may have up to September 15,2002, to come into compliance with this Part. To avail themselves ofthis extended compliance timeframe, the owneroroperator ofan HMIWI shall: A!-) Submit its CAAPP applicationto the Agency, on orbefore 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 betaken towardcompliance withthis Part that, at a minimum, meet the increments ofprogress specified in subsection (a)(2)(B) ofthis Section; 

### .\2;;) Meetthe following increments ofprogress bythe dates indicated: iA) Finalize all contracts for the purchase ofeitherpollution control equipment, process modification orcontrol systems by February 29,2000; 

### liB) Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofairpollution control devices for the HMIWI by November 30, 2000; iiiG) Complete eithertheprocess modifications ortheILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS installation or construction ofthe new air pollution control equipmentby 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 ofan HMIWI that fails to demonstrate compliance with this Partby 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 ofHMIWIs shall be in full compliance with all ofthe HMIWI operatorprovisions ofSubpartJ ofthis Partby September 15,2000. Q} On and after January 1, 2014, each owner or operator ofan 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) ofthis Part, shall comply with the applicable provisions ofthis Part accordingto the following schedules: 

## D Except as provided in subsection (2) ofthis Section and unless another date is specified in theprovisions ofthis Part, all owners or operators of HMIWls shall comply with all ofthe provisions ofthis Partby January 1, 2014. 

## II Except as provided in subsection (b)(4) ofthis Section, the owneror operator ofan HMIWI may have until October 6, 2014, to come into compliance withthe emissions limits under Section 229.1 25(c) or 229. 126(c) ofthis Part. To avail themselves ofthis extended compliance timeframe, the owner oroperator ofan HMIWI shall: 

## 61 Submit its CAAPP application and construction permit to the Agency. on orbefore 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 controlILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS plan for the HMIWI and incremental steps to be taken toward compliance with this Partthat, at a minimum, meetthe increments ofprogress specified in subsection (b)(2)(B) ofthis Section; 

### ill Meet the following increments ofprogress by the dates indicated: j} Finalize all contracts for the purchase ofeitherpollution control equipment, process modification orcontrol systems by August I, 2012; 

## ill Commence the implementation ofeitherthe process modifications orthe necessary construction or installation ofair pollution control devices for the HMIWI by March I, 2013; 

## ili2 Complete either the process modifications or the installation orconstruction ofthe new airpollution control equipmentby September I, 2013; 

## ill Achieve final compliance, which includes incorporating all process changes and/or completing retrofit construction as described inthe final control plan, connecting the air pollutioncontrol equipment or process changes such that the unit is brought on line, andensuring that all necessary process changes and airpollution control equipment are operating properly, no laterthan June I, 2014; y} Complete the initial performance test in accordance with Section 229.142 ofthis Part no later than October 6, 2014; vi) Submitthe results ofthe initial performance test and revised waste management planto the Agency no laterthan 60 days following the initial performance test; and vii) Submit notification to the Agency within 10business days ofcompleting (orfailing to complete by the applicable date) each ofthe increments ofprogress specified in subsection (b)(2)(B) ofthis Section. The notification must be signed bythe owner's oroperator's representative responsible for the management ofthe HMIWLILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

## ;u Ifa 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 withthe provisions oftheir current CAAP permit during the interim. 

### ±l. Any owner or operator ofan HMIWI that fails to demonstrate compliance withthis 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 ofSubpartJ ofthis Part before January I, 2014. (Source: Amended at 35 Ill. Reg. , effective -' Section 229.116 Complianee Schedules for HMIWls ThatWill Shut Down All owners or operators ofHMIWls that intend to permanently shut down their HMIWI as a means ofcomplying with this Part shall: 

## !!l Provide the Agency with written notice oftheir intention to permanently shut down theirHMIWI, as follows: 1). On or before November 15,1999, for an HMIWI as defined in Section 229.110 (a)(l) ofthis Part subjectto 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 eftheirintentien te permanently shut dewn their HMIVll en er before Nevember 15, 1999; andILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) ofthis Section, owners or operators may have up to October6, 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 extendedcompliance timeframe, the owner oroperator of an HMIWI shall: 

## D Submittheirapplication 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 undertakento supportthe 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 Ifan onsite alternative wastetreatment technology is neededto be installed before the HMIWI is shut down, an application for compliance extension shall include the following elements ofincrements ofprogress and completion date for each step ofprogress: 

## ill Finalize contract with an alternative waste treatmenttechnology vendor: 

### ill Initiate onsite construction orinstallation ofalternative waste treatment technology; 

## g Complete onsite construction orinstallation ofalternative waste treatment technology; andILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS D) Take the steps described under subsection (b) ofthis Sectionto demonstrate that the HMIWI has been rendered permanently inoperable. 

### Il Ifan onsite alternative waste treatment technology is not needed to be installed before an HMIWl is shut down. an application for compliance extension shall include aplan for shut down. The plan for shut down shall include steps described under subsection (b) ofthis Section to demonstrate that the HMIWI has been rendered permanently inoperable. 

# :u Ifapetition for compliance extension is granted. the owner oroperator 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 ofan HMIWI that fails to demonstrate compliance with this Partby October 6. 2014. shall cease operation ofthe HMIWI until compliancewiththe provisions ofthis Part is achieved. 

## 21 Notwithstanding subsection (c)(l) ofthis Section. all owners oroperators ofHMIWIs shall be in full compliance with all ofthe HMIWI operator provisions ofSubpartJ ofthis Partby January I, 2014. (Source: Amended at 35 Ill. Reg. , effective ) Section 229.120 CAAPP Permit Requirements 

## ill All HMIWIs subjectto the emissions limits inthis Part shall operate pursuantto 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 subjectto the emission limits inthis Part that is first required to obtain a CAAPP permitbecause it is subjectto the emission limits inthis Part. the owneroroperator shall submit a complete application for a CAAPP permit, as follows:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

### 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.**~eet** to the emissions limits iR this Part sllall operate pursuaRtto a CAAPP permitby 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 subjeetto 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 ofa timely and complete CAAPP application, the owneroroperator ofan HMIWI shall not be in violation ofthe requirement, specified in subsection (a) ofthis Section, to have a CAAPP permit, to the extent provided in Section 39,5(5)(h) ofthe Act [415 ILCS 5/39,5(5)(h)]. d) Forany 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 operatorofan 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 orbefore November 15, 1999, for an HMIWI as defined in Section 229.110 (a)(1) ofthis Part, and 

## ill On orbefore January 1, 2013, for an HMIWI as defined in Section 229.110 (a)(1) or (a)(2) ofthis Part; or 2) Ifthe CAAPP permithas less than 3 years remaining onthe permit term, the CAAPP permit shall be revisedto incorporate the applicable requirements ofthis Part, upon renewal ofthe permit.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS
(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 ofa 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 perdry 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 permillion by volume 40 40 40 monoxide Innmv) Dioxins/furans Nanograms perdry standard 125(55) 125 (55) 125 (55) cubic meter total dioxins/furans or or or (ngldscm) (grains perbillion dry 2.3 (1.0) 2.3 (I.Q) 2.3 (1.0) standard cubic feet (grll0' dscDl or n"/dscm TEO 1"1'/10' 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 perthousand 

### U U 1.2 (0.52) dry standard cubic feet (gr/l0.1 (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) orILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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), ornanograms fler dsem TEQ (grains fler billion 

### dscf1 HGl**jlp~r** flercent 100 or93% 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 ofa small, medium, or large HMIWI subject to emissionILLINOIS RE:=-G=-I:c:S-"-T=ER=-=-

_ POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS limits listed under subsection (a) ofthis Section shall cause or allow any emissions that cause greater than 10 percent opacity, as measured on a 6-minute block average, according to Method 9, 40 CFR 60, Appendix A, inCOrporated by reference in Section 229.104(d) ofthis Part, from any stack used by an HMIWI. 

## £1 On and afterJanuary 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 ofa 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, ineorporatedby referenee at 8eetion 229.104(d) ofthis Part, from any staekuses by an HMIWL

HMIWI Emissions Limits Pollutant Units Small Medium Large 17% oxygen drY basis) Particulate Milligrams perdry standard 66 46 25 matter cubic meter (mgldscm) (grains (0.029) (0.020)" (0.Q1]) perdry standard cubic foot 34 (gr/dscDl (0.0I5)b Carbon Parts permillion by volume 20 5.5 

### 11 monoxide (ppmv) Dioxins/furans Nanograms perdry standard 1617,0) 0.85 9.3(4.]) cubic metertotal dioxins/furans .Q!: CO.37) or or0.054 (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 Sulfurdioxide (ppmv) 4.2 4.2 9.0 Nitrogen oxides ,(lWmc} 190 190 140 Lead mgldscm (grains perthousand 0.31 0.018 0,036 dry standard cubic feet (grllOJ 

### illJ12 (0.016) 

### Qilll.l CO.0079)______ ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) aEmissions limits for HMIWls as defined in Section 229,110(3)(1) ofthts P!iJ1. bEmissions limits for HMIWIs as defined in Section 229.110(a)(2) ofthis Part. 

## ill No owner oroperator ofa small, medium, or large HMIWI subject to emission limits listed under subsection (c) ofthis Section shall cause or allow any emissions that cause greaterthan 6 percent opacity, as measured on a 6-minute block average, according to Method 9, 40 CFR 60, Appendix A, incorporated by reference at Section 229.104(d) ofthis Part, from any stackused by an HMIWI. On and afterthe 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 owneroroperator ofan 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 ofcombustion ash from an ash conveying system (including conveyor transfer points), enclosures ofash conveying systems, buildings, orothersources in excess of5 percent ofthe observation period of9 minutes per 3-hourperiod, 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 ofash conveying systems; or 

## Il During maintenance and repair ofash conveying systems. Maintenance and/orrepair shall not exceed 10 operating days per calendarquarterunless the owner or operatorofan HMIWI makes a request to the Agency in writing for a longer period oftime to complete maintenance and/orrepair, andthe Agency approves the owner or operator's request in writing. (Source: Amended at 35 Ill. Reg. , effective --')ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Section 229.126 Emission§. Limits For Rural HMIWls a:)Notwithstanding the**emission~** limits set out in Section 229.125 ofthis Part, any rural HMIWI shall comply with the**emission~** limits set out in subsection (a) or (c) 

### Eb1 ofthis Section. The**emission~** limits under this Section shall apply at all times, exceptas 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 orng/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/l03 dscfl (4.4) Cadmium mgldscm 

### 1 (griIO) dscfl 

## LL1l Mercury mgldscm 7.5 (gr/I0) dscfl QJ)



# I Pollutant 

# 1·Yn4ts 

# I

# ;:.:gONLIMITS

• -=-=-:-----'

# 5f~::**f:at:i~r** dsef) ••

# ~~"i6iILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Dio)(inl nanograms !Jerdscm lolal 800 (350) or 15 (6.6) fflrallS diQ)(ins/furaas (graias !Jer billioa dscf), or aanograms !Jer dscm TEQ (graias !Jerbillioa 

### dse-A HGt WflW 

### MOO 

### Sfh WflW WflW Ph mg !Jerdscm (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 operatorofa 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 ofa rural HMP,vI shall eause or allow aay emissions lhat eause greaterthan 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 229.11OCa)(1) or Ca)C2) ofthis 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 monoxideILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Dioxinsffurans ng/dscm total dioxinsffurans 240 (100) or (grfl09 dscD or ng/dscm TEQ 5.1 (2.2) (peril0' dscD Hydrogen Jm!llY 810 chloride Sulfur dioxide Jm!llY 55 Nitrogen oxides Jm!llY 130 Lead mg/dscm 0.50 (grfl03 dscD (0.22) Cadmium mg/dscm 

### O.ll (grfl03 dscD (0.048) Mercury mg/dscm 0.0051 (grfl0' dscD (0.0022) 

## ill No owner or operatorofa rural HMIWI subject to emissions limits listed under subsection (c) ofthis Section shall cause orallow 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 oroperator ofa rural HMIWI, as defined in Section 229.110 (a)(I) or (a)(2) ofthis Part, subjectto the emissions limits under subsection (cl ofthis Section, shall cause to be discharged into the atmosphere visible emissions ofcombustion ash from ash conveying system (including conveyortransfer points), enclosures ofash conveying systems, buildings, or other sources in excess of5 percent ofthe observation period of9 minutes per 3- hour period, according to Method 22, 40 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 ofash conveying systems: or 

## £I During maintenance and repair ofash conveying systems. Maintenance and/orrepair shall not exceed 10 operating days per calendar quarter, unless the owner oroperatorofan HMIWI makes a request to the Agency in writing for a longerperiod oftime to complete maintenance and/or repair, and the Agency approves theILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

owneroroperator'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 ofStartup, Shutdown, or Malfunction (Repealed) a) The emission limits specified in SIlBpartE ofthis Part do not apply to an HMIWI dllfing periods OfStartllp, Shlltdo'i\'fl ormalfllnetion, 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 ofany 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,'flmay commence no less than 4hOllrs after the last charge to an lIMIWI; and For Batch lIMIWIs, ShlltdoWfi may commence no less than 5 hOllrs after the high airphase ofcomBllstion has Been completed. Dllfingperiods ofmalfunction, the owner or operator ofan 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 applicaBleparameters; and Talce appropriate corrective actions prior to resuming the charging ofany waste to an IIMIWI. (Source: Repealed at 35 Ill. Reg. --', effective -1)ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

SUBPART H: COMPLIANCE REQUIREMENTS Section 229.142 Initial Performance Testing and Establishment ofOperating Parameters for All HMIWIs 

## ill. Before Januarv 

### 1. 2014, each owner or operator ofan HMIWI, as defined in Section 229.110 (a)(l) ofthis Part, subjectto 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 ofan HMIWI subject to the emissions limits underthis 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 theirHMIWI by September 15, 2000,. Jb) Except as provided in subsection

## WillW ofthis Section, inthe initial performance test, test for all pollutants limitedpursuantto Subpart E of this Part,. 10) During the initial performancetest, rural HMIWls are not requiredto test for HCI, Pb or Cd,. 

### 1a) Ifan HMIWI is equipped with a dry scrubberfollowed by a fabric filter, a wet scrubber, 6fa dry scrubber followed by a fabric filter and wet scrubber, or selective noncatalytic reduction system, establish the appropriate maximum and minimum operating parametervalues indicated in Appendix B ofthis Part for the relevant control system during the initial performance test, provided that the performance test demonstrates compliance with the emission limits specified in Section 229.125 ofthis Part,. 2e) Ifairpollution control equipment otherthan a dry scrubberfollowed 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 usedto comply with the emission limits under Section 229.125 ofthis Part, the initial performance test may notbe conducted until site-specific operatingILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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) Forrural HMIWI, establish the maximum charge rate and minimum secondary chambertemperature as site-specific parameters during the initial performance test, provided thatthe 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 operatorofan HMIWI, as defined in Section 229.110 (a)(l) or (a)(2) ofthis Part, and subject to the emissions limits under Section 229.125(c), as applicable, or Section 229. 126(c) ofthis Part shall comply with the following requirements: 

## D Except as provided in Section 229.115(a)(2)!B)(v) ofthis Part, conduct an initial performance test ontheirHMIWI 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 Section229.l26(c) emissions limits, as applicable, pursuantto SubpartE ofthis Part. 

## 11 Ifan HMIWI is equipped with adry 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 parametervalues indicated in Appendix B ofthis Part for therelevantcontrol system during the initial performance test, provided thatthe perfonnance test demonstrates compliance with the emission limits specified in Section 229.125 or 229.126 ofthis Part. 

### 11 Ifan 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 notbe conducted until site-specific operating parameters that will be monitored to demonstrate compliance with this Part have been established by the Agency in a construction permit and approved by USEPA.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 2} For arural HMIWI that is notequipped 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 ofan HMIWI may use results ofprevious 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 ofcurrent operations: and 

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

### D The owner oroperator ofan HMIWI that cannotcertify and or whose previous performance test(s) results do not demonstrate compliance with one ormore ofthe revised emission limits must conduct another performance test for those pollutants. 

## ID The owneror operatorofan 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 withthe visible emissions limit for fugitive emissions from ash handling in Sections 229.125(g) and 229.I26(e) by conducting an initial performance testusing Method 22. at 40 CFR 60. Appendix 

### A incorporatedby reference at Section 229.l04(d) ofthis Part. (Source: Amended at 35 III. Reg. , effective --') 

### Section 229.146 Annual Testingfor OpacityILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Following the date on which the initial perfonnance test is completed, as required by Section 229.142 ofthis Section, the owners or operators ofall 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 ofeaell year. 

### ill By September 15 ofeach 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) ofthis Part; and 

### !il By January 1 ofeach 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 Followingthe date on whichthe 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 ofan HMIWI, as applicable, shall conduct an annual perfonnance test, by September J5 ofeaell yearto detennine compliance with the applicable PM, CO and HCl emission limits specified in Section 229,125flJ1 or 229.126 ofthis 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 oroperator ofa small, medium, or large HMIWI as defined in Section 229.110(a)(l), subjectto the emissions limits under Section 229.l25(a) ofthis Part shall complete an annual perfonnance test by September 15 ofeach year; and 

### fl On and afterJanuary I, 2014. an owneroroperator ofa small, rural, medium, or large HMIWI, as defined in Section 229.II0(a)m or (a)(2), subjectto the emissions limits under Section 229.125(c), as applicable, or in Section 229.126(c) ofthis Part, shall complete an annual performance test byJanuary I ofeach year. Qa) Ifall 3 annual perfonnance tests overa 3-yearperiod indicate compliancewith the applicable emission limits for PM, CO, orHCI specified in Section 229, 125flJ1ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS ofthis Part, the owner oroperatorofan HMIWI may forego aperformance test for that pollutant during the next 2 years. Ifthe next performance test conducted everythird year indicates compliance with the emission limits for PM, CO, or HCl specified in Section 229.I25(e1 ofthis Part, the owner or operatorofan HMIWI may forego aperformance test for that pollutantfor an additional 2 years from the date ofthe previous performance test. £e) Ifany performance test indicates noncompliance with the respective emission limit, the owner oroperator ofan HMIWI shall conduct aperformance test for that pollutant annually until all annual performance tests over a 3-yearperiod indicate compliance with the respective emission limits. 

## ill The owneror operator ofan HMIWI may use any ofthe following types of continuous emission monitoring systems ("CEMs") as provided in Section 229.152 ofthis Part, to substitute for annual performance tests and parameter monitoring to demonstrate compliance with applicable emission limits: 

### JJ PM CEMS: replace annual PM testing and opacity testing and monitoring ofpressure drop across the wet scrubber, ifapplicable: 

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

## 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 Compliancewith 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, whicheverdate comes first 

### Part, an HMIWI, using a dry scrubberfollowed by a fabric filter, a wet scrubber, or dry scrubberfollowed by a fabric filter and a wet scrubber to comply with the emission limits ofthis Part, shall not operate above any ofthe applicable maximumparameters orbelow any ofthe applicable minimum operating parameters specified in Appendix B ofthis Part. All operating**parameter~** shall be measured as a 3-hourrolling average (calculated each houras a 3-hourrolling average ofthe previous 3 operating hours) at all times, e)[eept during perisas sfstartup, slmtaswn, ana malfunetisn (ealeulatea eash hsur as a 3ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS hour rolling average ofthe previous 3 operating hours). Forbatch HMIWIs, the charge rate shall be measured on aperbatch basis. 

### Ql Except as provided in Section 229.164 ofthis 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) ForHMIWIs 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 notoperate above any applicable maximum orbelow any applicable minimum operatingparametervalues established in its CAAPP permit. gel Operatingparameterlimits 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 ofan HMIWI may use a CEMS to demonstrate compliance with any of the emission limits under Section229.125fbj or Section 229.126 ofthis Part, ifprovided for in its permit. Arry HMIWI that is allo,",ied to use a GEMS to demonstrate eomplianee withthe emissiolllimits ofthis PaI't shall: 

### ill Any HMIWI that is allowed to use a CEMS to demonstrate compliance withthe emission limits ofthis Part shall: 

### Ia) Determine compliance withthe applicable emission limits using a 12:hour rolling average, calculated each hour as the average ofthe previous 12 operating hours, llOt illeludillg startup, shutdovVfl, ormalfulletiefl; and 

### 113) Operate all CEMS in accordance with the applicable procedures under Appendices B and F of40 CFR 60, incorporatedby reference-at Section 229.104(e) ofthis Part. 

### Ql In the case ofCEMS for which USEPAhas not published performanceILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS specifications, the option to use the CEMS takes effect on the date ofpublication ofthe performance specifications in the Federal Register or after site-specific operatingparameters used to demonstrate compliance withthis 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 operationofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) shall be aviolation ofthe CO emission limit; b) Simultaneous operation ofan HMIWI above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each measured on a 3-hourrolling average) shall be a violation ofthe dioxin/furan emission limit; c) Simultaneous operation ofan HMIWI above the maximumcharge rate and below the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average) shall 

### be aviolation ofthe HCl emission limit; d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hourrolling average) shall be a violation ofthe Hg emission limit; ef e) Use ofthe bypass stack (e)(eept dlli'ing startup, shutdown OFmalnmetion) at any time during operation ofan HMIWI is aviolation ofthe PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits;, Ifa CO CEMS is used to determine compliance with a CO emissions limit, operation ofthe HMIWI above the CO emissions limit as measured by the CO CEMS shall be aviolation ofthe emissions limit; Ifabag leak detection system is used, failure to initiate corrective action within one hourofthe bag leak detection system alarm, or failure to operate andILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 Ifa bag leak detection system is used to demonstrate compliance with the opacity limit, failure to initiate corrective action within one hour ofthe bag leak detection system alarm shall be aviolation ofthe opacity emissions limit; j} Ifa 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 aviolation ofthe emissions limit; j) Ifa 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 Ifa continuous automated sampling system is used, operation ofthe HMIWI above the Hg emissions limit as measured by the continuous automated sampling system shall be a violation ofthe Hg emissions limit. (Source: Amended at 35 IlL Reg, , effective ) Section 229.156 Violations by HMIWIs Equipped with a WetScrubber Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a wet scrubber: a) Simultaneous operation ofan HMIWI above the maximumcharge rate and below the minimum pressure drop across the wet scrubber orbelow the minimum horsepoweror amperageto the system (each measured on a 3-hour rolling average) is a violation ofthe PM emission limit; b) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) is a violation ofthe CO emission limit; c) Simultaneous operation ofan HMIWI above the maximum charge rate, belowthe minimum secondary chamber temperature and below the minimum scrubber liquor flow rate (each measured on a 3-hourrolling average) is a violation ofthe dioxinlfuran emission limit;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hourrolling average) is a violation ofthe HCl emission limit; e) Simultaneous operation ofan HMIWI above the maximum flue gas temperature and above the maximum charge rate (each measured on a 3-hourrolling average) is a violation ofthe Hg emission limit; eF f) Use ofthe bypass stack (eKeept duriag startup, shutdowa, or malfuaetioa) at any time during operation ofan HMIWI is a violation ofthe PM, dioxin/furan, HCl, Pb, Cd and Hg emission**limits~,** Ifa CO CEMS is used to determine compliance with a CO emissions limit, operation ofthe HMIWI above the CO emissions limit as measured by the CO CEMS shall be a violation ofthe emissions limit; h) Ifa CEMS is used to determine compliance with a PM, HC!, Pb, Cd, and/orHg emissions limit, operation ofthe HMIWI above the applicable emissions limit as measured by the CEMS shall be a violation ofthe emissions limit; 

## i2 Ifa continuous automated sampling system is used, operation ofthe HMIWI above the dioxin/furan emissions limit as measured by the continuous automated sampling system shall be a violation onhe dioxin/furan emissions limit; or 

# .u Ifa continuous automated sampling system is used, operation ofthe HMIWI above the Hg emissions limit as measured bythe continuous automated sampling system shall be a violation ofthe Hg emissions limit. (Source: Amended at 35 Ill. Reg. -', effective --') 

### Section 229,158 Violations by HMIWls Equipped with a Dry 

### Scrubber:Followed by a Fabric Filter and a Wet Scrubber Exceptas provided in Section229.164 ofthis Subpart, for an HMIWI equippedwith adry scrubber followed by a fabric filter and a wet scrubber: a) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum secondary chambertemperature (each measured on a 3-hourrolling average) is a violation ofthe CO emission limit;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS b) Simultaneous operation ofan HMIWI above the maximum fabric filter inlet temperature, above the maximum charge rate and below the minimum dioxin/furan sorbent flow rate (each measured on a 3-hourrolling average) is a violation ofthe dioxin/furan emission limit; c) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum scrubber liquorpH (each measured on a 3-hourrolling average) is a violation ofthe HCI emission limit; d) Simultaneous operation ofan HMIWI above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hourrolling average) 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 ofan HMIWI is aviolation ofthe PM, dioxin/furan, HCI, Pb, Cd and Hg emission**limits~,** IfCO CEMS is used to determine compliance with a CO emissions limit, operation ofthe HMIWI above the CO emissions limit as measured by the CO CEMS shall be a violation ofthe emissions limit; Ifa bag leak detection system is used, failure to initiate corrective action within one hourofthe bag leak detection system alarm, or failure to operate and maintain the fabric filter suchthat the alarm is not engaged for more than 5 percent ofthe total operating time in a 6-month blockreporting period shall be a violation ofthe PM emissions limit; 

## h2 Ifabag 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 aviolation ofthe opacity emissions limit; j} IfCEMS 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) Ifa continuous automated sampling system is used, operation ofthe HMIWI above the dioxin/furan emissions limit as measured by the continuous automated sampling system shall be a violation ofthe dioxin/furan emissions limit; orILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

### kl Ifa continuous automated sampling system is used, operation ofthe HMIWI above the Hg emissions limit as measured by the continuous automated sampling system shall be a violation ofthe Hg emissions limit. (Source: Amended at 35 Ill. Reg. , effective ...1 Section 229,160 Compliance Requirements for Rural HMIWls 

### ill Priorto 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 afterJanuary 1, 2014, therequirements 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 onwhich the initial performance test is completed oris required to be completed under Section 229.142 ofthis Subpart, whicheverdate comes first, the owners oroperators ofarural HMIWI shall not operate their HMIWI eitherabove the maximum charge rate orbelow the minimum secondary chamber temperature measured as 3-hourrolling averages at all times, eJteept during perieds efstartHjl er slmtdewH (calculated each hour as the average ofthe previous a 3 heur relling average eftheflrevieus 3 operatinghours) at all times, 

## ill Operating parameterlimits do not apply during performance tests. j<e) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation ofarural HMIWI above the maximum charge rate and belowthe minimum secondary chambertemperature (calculated as a 3-hourrolling average) shall constitute a violation ofthe PM, CO and dioxin/furan emission limits. (Source: Amended at 35 Ill. Reg. , effective**~)** Section 229,162 Inspection Requirements for All Rttflll HMIWIs a) Before January I, 2014, each owner oroperator ofarural HMIWI subjectto the emission limits under Section 229.126 ofthis Part shall inspectthe HMIWI according to the following schedule: Eaeh eWfler er eflerater efaRlral HMIWI shall insfleetthe IIMIWI aeeording te

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 ofeach year thereafter. b) Each equipment inspection shall be conducted to ensure the proper operation of the-TUl'frl HMIWI and, at aminimum, shall consistofthe following steps: I) An inspection ofall burners, pilot assemblies, and pilot sensing devices, cleaning the pilot flame sensor, as necessary; 2) An inspection ofthe primary and secondary chambercombustionair flow, adjusting, as necessary; 3) An inspectionofthe hinges and door latches, lubricating, as necessary; 4) An inspection ofdampers, fans, and blowers; 5) An 

### inspection ofthe HMIWI door and door gaskets; 6) An inspection ofall HMIWI motors; 7) Aninspection ofthe primary chamberrefractory lining, cleaning, repairing orreplacing the lining, as necessary; 8) An inspection ofthe incinerator shell for corrosion orhot spots; 9) An inspection ofthe secondary/tertiary 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 ofairpollutioncontrol devices to ensure theirproper operation;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 13) Where applicable, an inspection ofthe waste heat boiler systems; 14) An inspection ofall bypass stack components; 15) Calibration ofthermocouples, sorbent feed systems and monitoring equipment; and 16) A general inspection ofall equipment to ensure that it is maintained in good operating condition. c) The owner or operator ofan 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, orrepairs identified during the equipment inspection required under this Section shall be completed within 10 days after the inspection. The owner or operator ofan HMIWI may have a longerperiod oftime in which to complete any repairs identified as aresultofthe inspection required by this Section, provided that it makes this request to the Agency in writing, and the Agency approves the owneroroperator ofan HMIWI's request inwriting. 

### !tl On and afterJanuary 1, 2014, the owneror operator ofa smalL ruraL medium, or large HMIWI subject to the emission limits under Section229.125(c), as applicable, or Section229.126 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 byJanuary 1ofeach yearthereafter. On and afterJanuary 1, 2014, the owneroroperator ofan HMIWI subjectto the emission limits under Section 229.l25(c), as applicable, or Section 229.126(c) of this Part, shall inspectthe air pollution control device(s), according to the following schedule: 

## D An initial airpollution control device inspection shall be conducted by January 1, 2014; andILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

## ;;u An annual air pollution control device inspection shall be conducted by January I ofeach yearthereafter. g} Each air pollution control device inspection, 

### as applicable, shall be conducted to ensure the properoperation ofthe device and, at a minimum, shall consistofthe following steps: 

### 11 Where applicable, an inspection ofthe thermocouples, sorbent feed systems, and any othermonitoring 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, orrepairs identified during an air pollution control device inspection required underthis Section shall be completed within 10 days afterthe inspection. The owner oroperator ofan 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'geHMIWIs 

### ill. Each owner or operatorofan 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, exceptas provided for in Section 229.115(b)(3) or Section 229.116(c)(4), for a small. medium or large HMIWI, and arural HMIWI that is equipped with an airpollutioncontrol deviceCs)

. .!2a) Once the initial performance testrequired by Section 229.142 ofthis Parthas beenperformed, and the site-specific minimum andmaximum operatingILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS parameter values have been established, the owner or operator ofan a small, medium or large HMIWI, as applicable, shall continuously monitor those parameters. "a) The owner or operator ofan 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 asubstitute for certain parameters as specified) such that these devices or methods measure and record values for these operatingparameters atthe frequencies indicated inAppendix 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 ofuse; 3) Ifcontrol equipmentotherthan 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 ofmonitoring equipmentmalfunction, 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 Ifan HMIWI is equipped with an air pollution control device that includes a fabric filter and a PM CEMS is not used to demonstrate compliance, the owneror operator ofthe HMIWI may use a bag leak detection system to determine compliance with the PM emissions limit. The owner or operator shall meettheILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS followingrequirements 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 ofdetecting PM emissions at concentrations of10 milligrams per actual cubic meter (0.0044 grains peractual 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 recordthe output signal from the sensor; The bag leakdetection system shall be equipped with an audible alarm system that sounds automatically when an increase inrelative PM emissions overapreset level is detected. The alarm shall be located where it is easily heard by plant operating personnel; 

### §l Forpositive pressure fabric filter systems, abag leak detector shall be installed in each baghouse compartment orcell; 

## D Fornegative pressure or induced airfabric 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 therange and the averaging period ofthe device and establishing the alarm setpoints and the alarm delay time according to section 5,0 ofthe "FabricFilter Bag Leak Detection Guidance," as incomorated by reference in Section 229.104;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

## 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 percentover a 365-day period is a violation, unless such adjustment follows acomplete fabric filter inspectionthat demonstrates that the fabric filter is in good operating condition. Each adjustment shall berecorded; 

### ill Maintain records ofthe results ofeach inspection, calibration, and validation check; and 

# m The fabric filter must be operated and maintained such that the bag leak detection system alarm is notengaged for more than 5 percentofthe 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 MonitoringRequirements for Rural HMIWls Each owner oroperator ofa rural HMIWI subjectto 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 ofeach 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 chamberon a continuous basis, the output ofwhich shall be recorded, at a minimum, once every minute ofoperation; 2,13) Install, calibrate according to manufacturer's specifications, maintain, and operate a device that automatically measures and records the date, time,ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS and weight ofeach charge fed into an HMIWI; and }e) Record monitoring data at all times during HMIWI operation, except during periods ofmonitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be recorded for 75 percent ofthe operating hours per day 

### 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 ManagementRequirements for Commercial HMIWls Aeeeptffig**Wast~** a) The owneror operator ofany commercial HMIWI that accepts hospital waste or medical/infectious waste generated off-site shall: 1) Provide hospital, medical orinfectious waste customers with written information at least once a yearconcerning the availability ofwaste management practices for reducing the volume and toxicity ofwaste 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 eachwaste generator customerprepares its ownwaste management plan that includes, at aminimum, the following elements: 

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

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

### g Purchasing recycled orrecyclable products.**1~)** Submit a waste managementplan to the Agency, in accordance withILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 operatorofan HMIWI subjectto the emission limits under Subpart E ofthis Part shall maintain records ofthe following information: I) The calendar date ofeach record; 2) The following data, where applicable: A) Concentrations ofall applicable pollutants listed in Section 229.125 (a). (c). or in Section 229.126 (a) or (c) ofthis Part (as determined by the CEMS. ifapplicable), and any measurements of opacity as required under Section 229.I25(b), (d). or CD or Section 229.I26(b) or (d); GOfleentfations ofall applieable pollutants listed in Seetion 229.125(b) OF 229.126(b) efthis Part (as determined by the GEMS, ifapplieable) and any measurements ofopacity as required ander Seetion 229.125(e) OF 229.126(e); B) HMIWI charge dates, times and weights, and hourly charge rates; C) Ifa fabric filter is used, the fabric filter inlettemperatures during each minute ofoperation; D) The amount and type ofdioxin/furan sorbentused during each hour ofoperation;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS E) The amount and type ofHg sorbent used during each hourof operation; F) The amount and type ofHCI sorbent used during each hour of operation; G) Ifa selective noncatalytic reduction system is used to comply, the amount and type ofNOxreagent used during each hour of operation; 

### ill Ifa selective noncatalytic reduction system is used to comply, the minimum secondmy chamber temperature recorded during each minute ofoperation; 

### IG) The secondary chambertemperatures recorded during each minute ofoperation; 

### IH) The liquor flow rate to the wet scrubberinletduring each minute of operation; K!) The horsepower or amperage to the wet scrubber during each minute ofoperation; LJ) Any pressure drop across the wet scrubber system during each minute ofoperation; MK) The temperature at the outlet from the wet scrubberduring each minute ofoperation; Nb) The pH at the inlet to the wet scrubberduring each minute of operation; OM) Identification ofany use ofthe bypass stack, including dates, times, and the duration ofsuch 

### use; afltl EN) Forsources complying with Section 229.166f£.l 

### E61(3) ofthis Part, all operating parameter data collected monitored; and 

## ill Ifabag leak detection system is used, maintain records ofthe system alann, the time ofthe alann, the time corrective action wasILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS initiated and completed, and a briefdescription ofthe cause ofthe alarm and the corrective action taken, as applicable. 3) Identification ofany calendardays for which data on emission rates or operating parameters specified under subsection (a)(2) ofthis Section have not been obtained, with an identificationofthe emission rates oroperating parameters not measured, reasons for not obtaining data, and a description ofthe corrective actions taken; 4) Identification ofany malfunctions, including the calendardate, the time and duration, and a description ofthe malfunction and ofthe corrective actiontaken to remedy it; 5) Identification ofcalendar days for which dataonemission rates or operating parameters specified under subsection (a)(2) oftrus Section exceeded the applicable limits, with adescription ofthe exceedences, reasons for such exceedences, and a description ofthe corrective actions taken; 6) The results ofthe initial, annual, and any other subseguentperformance tests conducted to determine compliance withthe applicable emissions limits and/or to establishorre-establish operating parameters, as applicable, and a description, induding sample calculations, ofhow the operating parameters were established orre-established, ifapplicable; 7) Records ofcalibration ofany 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 ofall HMIWI operators who have metthe criteriafor 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 ofan HMIWI claiming an exemption from the emission limits inthis Partpursuantto Section 229.1 IO(b) ofthis Part shall keepILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS contemporaneous records identifying eachperiod oftime when only pathological waste, low-level radioactive waste, or chemotherapeutic waste is burned, including the calendar date and duration ofsuchperiods. c) The owner oroperatorofan HMIWI claiming an exemptionpursuant to Section 229.11O(c) ofthis Part shall keep records on a calendar quarter basis demonstrating that onlypathological waste, low-level radioactive waste, or chemotherapeutic waste is burned. d) The owner oroperatorofaco-fired combustorclaiming an exemption from the emission limits under Section 229.11O(d) ofthis Part shall maintain records on a calendar quarterbasis ofthe relative weight ofhospital waste and/or medical/infectious waste, and ofall other fuels or waste combusted. 

### ti The owner or operatorofeach HMIWI subjectto 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 ofeach 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 estaBlishedB)' the Ageaey, The owner or operatorofeach HMIWI subjectto the emission limits under Section 229.125(c), or229.126(c) ofthis Part, shall maintainrecords ofthe annual air pollution control device inspection requiredunder Section 229.162 ofthis Part. g} Ifa bag leak detection system is used, the owneror operator shall maintain records ofthe system alarm, the time ofthe alarm, the time corrective action was initiated and completed, a briefdescription ofthe cause ofthe alarm andthe corrective action taken, as applicable. 

## h2 The owneroroperatorofeach HMIWL where applicable, shall maintain records ofany required maintenance, adjustments, or repairs identified during an inspection required under Section229.162 ofthis Part not completed within 10 days after the inspection orthe timeframe approved in writing by the Agency. if) All records required under this Section shall be maintained onsite for a period of5 years, in eitherpapercopy or electronic format, unless an alternative format has been approved by the Agency in apermit condition.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS jg) All records required to be maintained pursuant to this Section shall be made available to the Agency uponrequest. (Source: Amended at 35 Ill. Reg. "effective**~)** Section 229.184 Reporting Requirements a) The facilities managerand the responsible official for the affected source shall certify each report required under this Section. b) The owner or operatorofan HMIWI shall submit to the Agency the results ofany performance test conducted on the HMIWI within 60 days after conducting the performance test. The information submitted with the initial performance test required by Section 229.142 ofthis Part shall include: 1) Before January 1, 2014, exceptas 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 adescription, including sample calculations, ofhow 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 eperatiagparameters establishedfer 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, ofhow 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) ofthis Part; 

## d2 Ifa bag leakdetection 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 managementplan required under Subpart K ofthisILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Part. 

## £1 All owners or operators ofHMIWIs 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, 200I ana by September 15 of each year thereafter. Once Elf! IIMIWI is issuea a CAAPP permit, the owner or operator ofan HMI'NI shall submit these reports semi annually, in accoraanee with subsection EEl) ofthis Seetion. The aHflual report shall induae the following information: 

## II By September 15,2001, and by September 15 ofeach yearthereafter, for an HMIWI subjectto the emissions limits under Section 229. 125(a) or 229.1 26(a) ofthis Part: 

## £1 By January 1, 2014, and by January 1 ofeach yearthereafter, except as provided for in Section 229.115(b)(3) orSection 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 pursuantto Section 229. 142(b)(3), (4) or (5) ofthis Part, as applicable; The highestmaximum operatingparameter 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;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

## ill The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameterrecorded 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 calendaryear preceding the yearbeing reported, in orderto provide the Agency with a summary ofthe performance ofthe affected facility over 2-yearperiod; Any information recorded pursuant to Section 229.182(a)(3) through (5) ofthis Subpart for the calendar year being reported and for the calendar yearpreceding the year being reported;**G~)** Ifno exceedences or malfunctions were recorded under Section 229. 182(a)(3) through (a)(5) ofthis Subpart for the calendar yearbeing reported, a statement thatno exceedences occurredduring the reporting period; and Any use ofthe bypass stack, the duration ofuse, the reason for malfunction, and the corrective actions taken. d) Once an HMIWI is issued aCAAPP permit, the owneroroperator ofthe HMIWI shall submit the reports required under subsection (c) ofthis Section semiannually. The semiannual reports must be submitted within 60 days following the end ofthe reporting period. The first semiannual reporting period ends on June 30 ofeach year and the second semiannual reporting period ends on December31 ofeach 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 ofeaeh year aRd the seeond SemiaRnllal repertiRg period eRds OR September 15 efeaeh year. e) The owner or operator ofeach rural HMIWI subject to the emission limits under Section 229.126(b) ofthis Part, shall submit an annual report containing all information listed in subsections (b) and (c) ofthis Section by no laterthan 60 days following the year in whichthe data was collected. Subsequentreports shall be sent no later than 12 calendarmonths following the previous report. Once the unit is subject to permitting requirements underthe CAAPP, the ownerorILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS operator shall submit these reports semiannually in accordance with the schedule specified in subsection (d) ofthis Section.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS (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 ofthat parameteris 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 Onceper X 

### X Fabric minute FilterInlet 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 FlowRateILLINOIS REGISTER



# ------------- POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 thatmeElSW'ement efthatpasameter is required.



### MINIMUM FREQUENCY CONTROL SYSTEMILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 RateILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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

IForbatch HMIWls, recordthe charge perbatch. (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 ofdemonstrating compliance withthe emission limits established under this Part. a) All performance tests shall consist ofaminimum of3 test runs conducted under representative operating conditions. The minimum sample time ofI hourpertest run shall be used unless otherwise indicated. In order to demonstrate compliance with the emission limits set forth in SubpartE ofthis Part, the arithmetic average ofall 3 performance test runs shall be used. b) Method 1, at 40 CFR 60, incorporated byreference at Section 229.104(d) ofthis Part, shall be used to select the sampling location and numberoftraversepoints. c) Method 2, at40 CFR 60 shall be usedto determine average gas density, as well asILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS to measure gas velocity. 

### ill Method 3, 3A, or 3B, at 40 CFR 60 shall be used for gas composition analysis, including measurement ofoxygen concentration. Method 3, 3A or 3B, at 40 CFR 60 shall be used simultaneously with each ofthe 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 ofOllygen 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 oxygenusing the following equation: Cadj = Cmeas (20.9-7)/(20.9-%02) Where: Cadj = pollutant concentration adjusted to 7 percent oxygen; Cmeas 

## = pollutantconcentrationmeasured 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, or29, 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-hourroIling average, calculated each hour as the average of the previous 12 operating hours. Mothoe 5 or29, 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 or6C, at 40 CFR 60 shall be used to measure SO£ emissions.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS ig) Method 9, at 40 CFR 60 shall be used to measure stack opacity. As an alternative, the use ofa bag leak detection system ora PM CEMS to demonstrate compliance with the PM standards is considered demonstrative ofcompliance with the opacity requirements. 

### 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, at40 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 pertest run. Ifthe affected facility has selected the TEQ for dioxinlfurans (set out in Appendix A ofthis Part), as provided under Section 229.125Ebj or229.126Ebj ofthis Part, whichever is applicable, the following procedures shall be used to determine compliance: I) Measure the concentrationofeachdioxinlfurantetra-through-octacongener emitted using Method 23; 2) Foreach dioxinlfuran congenermeasured in accordance with subsection (i)(I) ofthis Section, multiply the congener concentration by its correspondingTEQ factor specified in Appendix A ofthis Part; and 3) Sum the products calculated in accordance with subsection (i)(2) ofthis Section to obtainthe total concentration ofdioxinlfurans emitted in terms ofTEQ. mj) Method 26 or26A, at 40 CFR 60 shall be used to measure HCI emissions. As an alternative, an HCI CEMS may be used to measure HCI emissions. Before January 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:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Where:

=percentage reduction ofHCl 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 7percent 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 or229.126,(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 ofmetal emissions (Pb, Cd, or Hg) achieved; E; = metal emissions concentration (Pb, Cd, orHg) measured at the control device inlet, correctedto 7 percentoxygen (drybasis); and Eo = metal emissions concentration (Pb, Cd, or Hg) measured atthe control device outlet, correctedto 7 percent oxygen (dry basis). (Source: Amended at 35 Ill. Reg. ., effective**~)**