## 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

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# U1J JAN (13 2012 

# l!!J December28, 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~ Pursuantto Sections I11(d) and 129(b) ofthe Clean AirAct ("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 letterwith 23 attachments. This letter amends and supplements the information presentedpreviously and refers to such attachments. On December 22, 2010, the Illinois EPA filed a proposal to amend 35 Illinois Administrative Code Part 229 withthe 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 aFinal Opinion and Order adopting the amendments to 35 Ill. Adm. Code 229. The rulemaking docket canbe 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 ofSection 129(b)(2) ofthe CAA that requires States to submit aplan 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)814-6026The 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 adoptedby USEPA on September IS, 1997. The State rule has beenrevised to address the 2009 emission guidelines and is the basis for this State Plan. The requirements ofa State Plan are outlined in 40 Code ofFederal Regulations ("CFR") 60, Subpart B - Adoption and Submittal ofState Plans for DesignatedFacilities. 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 III(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 createdthe 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 respectto 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 Boardshall determine, define and implement the environmental control standards applicable in the State of Illinois andmay adopt rules and regulations in accordance with Title VIIof thisAct. (c) The Boardshall have authority to actfor the State in regard to the adoption of standards for submission to the United States under anyfederal law respecting environmental protection
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22) Authority to enforce applicable laws, regulations, standards, and compliance schedules, and seek injunctive reliefis established in 415 ILCS 5/5(d) and (e).



### *** d The Boardshall have authority to conductproceedings upon complaints charging violations of thisAct, any rule or regulation adoptedunder thisAct, anypermit or term or condition of apermit, orany Board order; upon administrative citations; upon petitionsfor variances oradjustedstandards; uponpetitionsfor review of theAgency's final determinations onpermit applications in accordance with TitleX of thisAct; upon petitions to remove seals under Section 34 of thisAct; andupon otherpetitionsjor review of final determinations which are madepursuant to thisAct orBoardrule and which involve a subjectwhich the Board is authorized to regulate. The Boardmay also conduct otherproceedings as may beprovidedby thisAct orany otherstatute or rule. e) In connection with anyproceedingpursuant to subsection (b) or (d) of this Section, the Boardmay subpoena andcompel the attendance of witnesses andtheproduction of evidence reasonably necessary to resolution of the matter under consideration. The Boardshall issue such subpoenas upon the request of anyparty to aproceeding under subsection (d) of this Section or upon its own motion.



### *** The Actprovides 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, theAgency shall have authority to enter at all reasonable times upon anyprivate orpublicpropertyfor thepurpose of" (I) Inspecting and investigating to ascertainpossible violations of thisAct, any rule or regulation adopted under thisAct, anypermit or term or condition of apermit, orany Boardorder; or (2) In accordance with theprovisions of thisAct, taking whateverpreventive or corrective action, including but not limited to removal or remedial action, that is necessary orappropriate whenever there is a release ora substantial threatof a release of (A) a hazardous substance orpesticide or (B) petroleumfrom an undergroundstorage tank. (e) The Agency shall have the duty to investigate violations of thisAct, any rule or regulation adoptedunder thisAct, anypermit or term or condition of apermit, orany Boardorder; to issue administrative citations asprovided in Section 3I. I of this Act; and to take such summary enforcement action as isprovided for by Section 34 of thisAct.



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3In Illinois, enforcement actions are broughtby the Office ofthe Attorney General or local State's Attorneys offices, with whom the Illinois EPA consults. Illinois enforces all terms ofour 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 ofdesignated facilities is providedby 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 of this Title or any other law to the contrary, all emission data reported to or otherwise obtainedby theAgency, the Board or the Department in connection with any examination, inspection orproceeding under thisAct shall be available to thepublic to the extent required by thefederal Clean AirAct, as amended.



## *** C. 40 CFR §60.25(a) and (c)

- Source and Emissions Inventory An inventory ofaffected HMIWI sources, including emission estimates for pollutants regulated by the emission guidelines, is arequired 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, ifa 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 LoyolaUniversity Medical Center in Maywood, have permanently shut down. Emissions data for Stericycle are listed in Table A2 ofthe Technical SupportDocument (previously submitted as part ofAttachment 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 mirrorthe 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, operatortraining 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 4revised 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 ofprogress for compliance schedules extending more than one yearbeyond USEPA approval ofthe State Plan. The State rule allows for a compliance schedule extending more than one yearbeyond the effective date ofthe State rule ifthe source follows the increments ofprogress 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 afterUSEPA approval ofthe revised State Plan or October 6, 2014, whichever is earlier. E. 40 CFR §60.23(f)

- Record ofPublic Hearings The Illinois EPA held public hearings for the revised State rule on June 8, 2011, in Clinton, Illinois (location ofStericycie, 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 informationpertaining to emissions, inspections, status ofcompliance, dates ofperformance 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 ofperformance test reports and correlation ofstacktest data to emission limits. Iffurther information is required, please contact Rob Kaleel ofmy staffat 217/524-4387 Sincerely,

Laurel L. Kroack, Chief Bureau ofAir



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