ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRANO AVENUE EAST, P.O.. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 • (217) 782-3397

PAT QUINN, GOVERNOR JOHN J. KIM, INTERIM DIRECTOR

217/782-5544

2171782-9143 (TDD)

CERTIFIED MAIL: 70042510000185862623

RETURN RECEIPT REQUESTED

~1fD)r;;-;;~©;;-;::;;~:-:::-:::D W-=-=~=-orm

U1J JAN (13 2012 l!!J

December 28, 2011

Cheryl Newton, Director

Air and Radiation Division

United States Environmental Protection Agency Region V

77 West Jackson Boulevard, AR-18J

Chicago, lllinois 60604-3598

Attn: Mary Pat Tyson

Re: RIO-20: In the Matter of: Amendments to 35 ILL. ADM. Code Part 229,

Hospital/Medical Infectious Waste Incinerators

Dear~

Pursuant to Sections I11(d) and 129(b) ofthe Clean Air Act ("CAA") (42 U.S.C. §§7411(d) and

7429), and Section 28 ofthe Illinois Environmental Protection Act (415 lLCS 5/28), the Illinois

Environmental Protection Agency ("Illinois EPA") submits the following Illinois State Plan. On

November 8, 2011, the Illinois EPA submitted a letter with 23 attachments. This letter amends

and supplements the information presented previously and refers to such attachments.

On December 22, 2010, the Illinois EPA filed a proposal to amend 35 Illinois Administrative

Code Part 229 with the Illinois Pollution Control Board ("Board" or "IPCB"). A Notice of

Hearing was filed on February 1,2011, and aRe-notice ofHearing was filed on April 20, 2011.

Public hearings were then held on June 8, 2011, in Clinton, Illinois and on June 28, 2011, in

Chicago, Illinois. The Illinois EPA filed post-hearing comments in support ofthe proposed

amendments. On September 22,2011, the IPCB adopted a Final Opinion and Order adopting the

amendments to 35 Ill. Adm. Code 229. The rulemaking docket can be found at:

http://www.ipcb.state.il.us/Cool/Extemal/CaseView.aspx?referer=results&case=13386.

The purpose ofthis State Plan is to fulfill the requirement of Section 129(b)(2) ofthe CAA that

requires States to submit a plan to implement and enforce emission guidelines for existing tmits

subject to regulations promulgated pursuant to Section III (d) ofthe CAA. This State Plan

demonstrates how Illinois will comply with the revised emission guidelines for existing

Hospital/Medical/Infectious Waste Incinerators ("HMIWI") adopted by the United States

Environmental Protection Agency ("USEPA") on October 6,2009 (74 Federal Register 51368).

4302 N. Main St., Rockford, IL 61103 (815)987-7760

595 S. State, Elgin, IL 60123 (847)608-3131

2125 S. First St., Champaign, IL 61820 (217)278-5800

2009 Mall St., CollillSville, IL 62234 (618)346-5120

9511 Harrison St., Des Plaines, IL 600 16 (847)294-4000

5407 N. University St., Arbor 113, Peoria, IL 61614 (309)693-5462

2309 W. Main St., Suite 116; Marion, IL 62959 (618)993-7200

100 W. Randolph, Suite 11-300, Chicago, Il60601 (312)814-6026
The Board originally adopted 35 Illinois Administrative Code Part 229 to establish a State rule to

address the emission guidelines for existing HMIWI in Subpart Ce adopted by USEPA on

September IS, 1997. The State rule has been revised to address the 2009 emission guidelines

and is the basis for this State Plan.

The requirements ofa State Plan are outlined in 40 Code of Federal Regulations ("CFR") 60,

Subpart B - Adoption and Submittal of State Plans for Designated Facilities. Subpart B, along

with Subpart Ce - Emission Guidelines and Compliance Times for Existing HMIWI, were used

to identify plan requirements.

A. 40 CFR §60.24(a) Criteria for an Adequate Enforceable Mechanism

The Illinois EPA has chosen a State rule as the enforceable mechanism to implement the HMIWI

emission guidelines. Illinois' rule primarily follows the terms ofthe emission guidelines. The

final, revised, State rule at 35 Illinois Administrative Code Part 229, was previously submitted as

Attachment 22.

B. 40 CFR 60.26 Demonstration ofLegal Authority

According to sections I II(d)/129 ofthe CAA, a State Plan must demonstrate that the State has

the legal authority under current State law to adopt and implement the emission standards and

compliance schedules found in the State Plan. The Illinois Environmental Protection Act

("Act") provides the Illinois EPA the authority to develop rules and regulations necessary to

meet ambient air quality standards. [415 ILCS 5/4]. In addition, the Act created the Board and

grants the Board the authority to develop rules and regulations necessary to promote the

purposes ofthe Act. Furthermore, the Board is granted authority to develop rules and

regulations that are required by law, that are otherwise part ofthe State's attainment plan and are

necessary to attain the National Ambient Air Quality Standards CNAAQS"), or that are

necessary to comply with the requirements ofthe federal CAA. [415 ILCS 5/10]. In accordance

with 40 CFR 60.26, a State must demonstrate an ability to meet four criteria with respect to legal

authority. The four criteria are discussed below:

I) Authority to adopt emission standards and compliance schedules applicable to designated

facilities is found at 415 ILCS 5/5(b) aod (c).

*** (b) The Board shall determine, define and implement the environmental control standards

applicable in the State ofIllinois and may adopt rules and regulations in accordance

with Title VII ofthis Act.

(c) The Board shall have authority to actfor the State in regard to the adoption ofstandards

for submission to the United States under any federal law respecting environmental

protection ...

***

2
2) Authority to enforce applicable laws, regulations, standards, and compliance schedules,

and seek injunctive relief is established in 415 ILCS 5/5(d) and (e).

***

d The Board shall have authority to conduct proceedings upon complaints charging

violations ofthis Act, any rule or regulation adopted under this Act, any permit or term

or condition ofa permit, or any Board order; upon administrative citations; upon

petitionsfor variances or adjusted standards; upon petitionsfor review ofthe Agency's

final determinations on permit applications in accordance with Title X ofthis Act; upon

petitions to remove seals under Section 34 ofthis Act; and upon other petitionsjor

review offinal determinations which are made pursuant to this Act or Board rule and

which involve a subject which the Board is authorized to regulate. The Board may also

conduct other proceedings as may be provided by this Act or any other statute or rule.

e) In connection with any proceeding pursuant to subsection (b) or (d) ofthis Section, the

Board may subpoena and compel the attendance ofwitnesses and the production of

evidence reasonably necessary to resolution ofthe matter under consideration. The

Board shall issue such subpoenas upon the request ofany party to a proceeding under

subsection (d) ofthis Section or upon its own motion.

***

The Act provides the Illinois EPA the authority to develop rules and regulations necessary to

meet national ambient air quality standards ("NAAQS"). 415 ILCS 5/4. In addition, the Illinois

EPA has the following authority under 415 ILCS 5/4(d) and (e):

***

(d) In accordance with constitutional limitations, the Agency shall have authority to enter at

all reasonable times upon any private or public property for the purpose of"

(I) Inspecting and investigating to ascertain possible violations ofthis Act, any rule

or regulation adopted under this Act, any permit or term or condition ofa permit,

or any Board order; or

(2) In accordance with the provisions ofthis Act, taking whatever preventive or

corrective action, including but not limited to removal or remedial action, that is

necessary or appropriate whenever there is a release or a substantial threat ofa

release of(A) a hazardous substance or pesticide or (B) petroleum from an

underground storage tank.

(e) The Agency shall have the duty to investigate violations ofthis Act, any rule or

regulation adopted under this Act, any permit or term or condition ofa permit, or any

Board order; to issue administrative citations as provided in Section 3I. I ofthis Act; and

to take such summary enforcement action as is providedfor by Section 34 ofthis Act.

***

3
In Illinois, enforcement actions are brought by the Office ofthe Attorney General or local State's

Attorneys offices, with whom the Illinois EPA consults. Illinois enforces all terms of our

construction and operating permits.

3) Legal authority to obtain information necessary to determine whether designated

facilities are in compliance with applicable laws, regulations, standards, and compliance

schedules, including authority to require recordkeeping and to make inspections and

conduct tests of designated facilities is provided by 415 ILCS 5/4(d) and (e) and 415

ILCS 5/5(d) and (e) above.

4) The Illinois EPA is required to maintain and make available to the public emissions

monitoring data from designated facilities as provided in 415 ILCS 517(c).

***

C Notwithstanding any otherprovision ofthis Title or any other law to the contrary, all

emission data reported to or otherwise obtained by the Agency, the Board or the

Department in connection with any examination, inspection or proceeding under this Act

shall be available to the public to the extent required by the federal Clean Air Act, as

amended.

***

C. 40 CFR §60.25(a) and (c) - Source and Emissions Inventory

An inventory of affected HMIWI sources, including emission estimates for pollutants regulated

by the emission guidelines, is a required part ofthe State Plan. The State rule, including the

compliance schedule, applies to all affected sources in the State, including sources not listed in

the inventory. Therefore, if a source not in the State Plan inventory list is discovered, it will not

be necessary to resubmit the State Plan. The only known HMIWI sources in Illinois are the two

units at Stericycle, Inc. in Clinton, Illinois. All other HMIWIs in the State, including the one at

the Loyola University Medical Center in Maywood, have permanently shut down. Emissions

data for Stericycle are listed in Table A2 ofthe Technical Support Document (previously

submitted as part of Attachment 1).

D. 40 CFR §60.24(a) through (e) and 40 CFR 60, Subpart Ce - State Rule is at Least as

Protective as the Emission Guidelines

Illinois' HMIWI rule (35 Ill. Admin. Code 229) is at least as protective as the emission

guidelines because it was intended to mirror the emission guidelines at 40 CFR 60, Subpart Ceo

The State rule has been revised to address the 2009 emission guidelines and is the basis for this

revised State Plan. The emission limits, operator training and qualification, waste management

plan, compliance, performance testing, monitoring, and recordkeeping and reporting

requirements are the same as required by the emission guidelines at 40 CFR 60, Subpart Ceo The

4
revised State Plan also includes the inspection requirements added at 40 CFR 60, Subpart Ce in

2009.

40 CFR 60.24(e) requires legally enforceable increments of progress for compliance schedules

extending more than one year beyond USEPA approval ofthe State Plan. The State rule allows

for a compliance schedule extending more than one year beyond the effective date ofthe State

rule ifthe source follows the increments of progress contained in 35 Ill. Admin. Code Section

229.115(a)(2)(B).

The compliance date for submitting the final control plan is August 1, 2012. The final

compliance date is October 6, 2014. The 2009 emission guidelines require that the final

compliance date to be no later than three years after USEPA approval ofthe revised State Plan or

October 6, 2014, whichever is earlier.

E. 40 CFR §60.23(f) - Record of Public Hearings

The Illinois EPA held public hearings for the revised State rule on June 8, 2011, in Clinton,

Illinois (location of Stericycie, Inc.), and June 28, 2011 in Chicago, Illinois. Please see the

attached documents 4, 5, 11 and 13.

F. 40 CFR §60.25(e) - Annual Progress Report on Plan Enforcement

Illinois EPA will submit information pertaining to emissions, inspections, status of compliance,

dates of performance testing, and enforcement actions to USEPA's Emissions Inventory System

("EIS") and Air Facility System ("AFS"). Illinois EPA will work with USEPA's Regional

Office regarding the format required for submission of performance test reports and correlation

ofstack test data to emission limits.

Iffurther information is required, please contact Rob Kaleel ofmy staff at 217/524-4387

Sincerely,

Laurel L. Kroack, Chief

Bureau of Air

5