JOINT COMMITTEE ONADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY IEPA ATTACHMENT NO 1..0 '--

CO-CHAIR:

SEN. MAGGIE CR01TY

CO-CHAIR

REP ANGELO "SKIP" SAVIANO

EXECUTlVE DIRECTOR:

VICKI THOMAS

SEN. PAMELA ALfHOFF

SEN. DON HARMON

SEN. JOHN a JONES

SEN, DALE RIGHTER

SEN IRA SILVERSTEIN

REP GREGORY HARRiS

REP. lOU LANG

REP. DONALD MOFFITT

REP ROSEMARY MULLIGAN

REP, ANDRE THAPEDI

700 STRATTON BUILDING

SPRINGFIELD; ILLINOIS 62706

217n85-2254

September 13,2011

Tanner Girard, Chairman

Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 6060I

Dear Chailman Girard:

This is to notify you that JCAR considered the following proposed rulemakings at its 9/13/11

meeting:

Nitrogen Oxides Emissions (35 Ill. Adm. Code 217)

35 Ill. Reg. 8363 - 6/3111

Hospital/Medical/Infectious Waste Incinerators (35 Ill. Adm. Code 229)

35 Ill. Reg. 10224 - 7!l11I

If your agency has agreed to any substantive modifications during its discussions with JCAR,

they are described in the "Agreements" attached to the certification. Based on these agreements,

as well as the other responses you have provided the Committee during the review of these

rulemakings, JCAR has determined that No Objection will be issued. Enclosed you will find

formal certification ofthis action.

These rulemakings may now be adopted upon filing with the Office ofthe Secretary of State.

Please note that the fact that the Committee has not objected to these rulemakings does not

necessarily constitute approval, expressed or implied, ofthe substance ofthe rulemakings.
Thank you for the cooperation your agency has shown during our review ofthese issues.

Sincerely,

Senator Maggie Crotty

Co-Chainnan

SMC:RBH:DC:nn

cc: John Therriault

Ene.

~'J!k~ Representative Angelo "Skip" Saviano

Co-Chainnan
CO-CHi\IR:

SEN. MAGGIE CROTTY

CO-CHAIR:

REP. ANGELO 'SKIP" SAVIANO

EXECUTIVE DrRECToR:

VICKI THOMAS

JOINT COMMITTEE ON ADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY

700 STRATTON BUILDING

SPRINGFIELD, ILliNOIS 62706

217f785-2254

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

SEN. PAMELA ALTHOFF

SEN, DON HARMON

SEN. JOHN 0, JONES

SEN DALE RIGHTER

SEN. IRA SILVERSTEIN

REp GREGORY HARRIS

REP lOU LANG

REP DONALD MOFFln

REP, ROSEMARY MULLIGAN

REP. ANDRE THAPEDI

This is to certify that the Joint Committee on Administrative Rules, at its 9/1311 I meeting,

considered Nitrogen Oxides Emissions (35 Ill. Adm. Code 2I7), proposed by the Pollution

Control Board and published in the 6/311 I issue ofthe Illinois Register. After consideration, and

based upon the agreements, if any, for modification of the rulemaking made by the agency and

attached to this document, the Committee determined that no Objection will be issued to the

above-mentioned rulemaking.

September [3, 20 II

Vicki Thomas

Executive Director

Attachments: None
IEPA ATTACHMENT NO ;:). I '-

ILLINOIS POLLUTION CONTROL BOARD

September 22, 20 II

IN THE MATTER OF: )

)

AMENDMENTS TO 35 ILL. ADM. CODE )

PART 229: )

HOSPITAL/MEDICAL/INFECTIOUS )

WASTE INCINERATORS )

Adopted Rule. Final Opinion and Order,

R 11-20

(Rulemaking - Air)

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

In continued recognition of proponent's earlier-granted motion for expedited

consideration, the Board today adopts final rules in this docket. As explained in more detail

below, the rules were initially proposed by the Illinois Environmental Protection Agency

(Agency or IEPA) to update and tighten the Board's rules at 35 Ill. Adm. Code Part 209

consistent with the 2009 changes to federal rules for hospital/medical/infectious waste

incinerators. At its September 13,201 I meeting, the Joint Committee on Administrative Rules

(lCAR) reviewed the rules as required by the Administrative Procedure Act (APA), 5 ILCS

5/100 et seq. JCAR voted a certificate of no objection. These rules will become effective upon

their expeditious filing with the Secretary of State.

The final rules adopted here are substantively unchanged from the June 16, 20 I I first

notice proposal adopted by the Board, and the August 18, 20 II second notice proposal. The

order's text contains the text ofthe Agency's proposal as amended by the Agency in its May 25

and June 13, 20 I I errata sheets, and in its August 16, 20 II errata sheet filed along with its

closing public comment (PC I). The rule text also eontains some non-substantive ehanges

suggested by lCAR. The only affeeted souree, Sterieyele, Ine. in Clinton, Dewitt County,

testified at both hearings that the compliance dates proposed are acceptable.

The Board's June 16,2011 first notice proposal (adopted after completion ofthe June 8,

2011 hearing) was published at 35 Ill. Reg. 10224 (July I, 2011). As announced at the June 28,

2011 hearing, the public comment period closed on August 16,2011. The only public comment

reeeived was filed by the Agency, and discussed in the Board's August 18,2011 seeond notice

opinon and order. Adoption ofthe final rules today will facilitate completion ofthis rulemaking

on proponent's preferred timetable.

PROCEDURAL HISTORY

On December 23, 20 I0, the Agency filed a rulemaking proposal for amendments to the

Board's air quality standards rules pursuant to the general rulemakings provisions of Section 27

of the Illinois Environmental Protection Act (Act), 415 ILCS 5/27 (2010) and the Boards

procedural rules at 35 Ill. Adm. Code 102. The proposal was accompanied by, among other
things, a Technical Support Document (TSD) I, a motion for waiver of copy submission

requirements (which is hereby granted), and a motion I"r expedited review (MER) (granted June

16,2011).

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

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

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

the United States Environmental Protection Agency (USEPA) to federal air quality standards,2

including new source performance standards and emissions guidelines. SR at 1. Changes

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

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

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

The compliance date for the new rules would be January 1,2014. The Agency reports

Illinois currently has only one HM1WI to which the new rules would apply: the Stericycle, Inc.

facility located in Clinton, DeWitt County. SR at 8-9.

In a January 6, 2011 order, the Board accepted the petition for hearing. But, the Board

reserved ruling on the pending motions, as pm1icipants' time to respond to them had not yet

elapsed. Hearings were initially scheduled for March and April of this year. See hearing officer

order (Feb. I, 2011). Accordingly, the Agency prefiled testimony on February 18, 2011 and

Stericycle did so on February 20, 2011.

On February 22, 201 I, in accordance with Section 27(b) ofthe Act (415 ILCS 5/27(b)

(20 I0)), the Board requested that the Department of Commerce and Economic Opportunity

(DCEO) conduct an economic impact study for this rulemaking. On May 23, 20 I I, the Board

received a response from DCEO, declining the request, and stating that it was unable to perform

an economic impact study.

The first-scheduled set of hearings did not take place, as newspaper publication was not

accomplished to allow for the 30-day pre-hearing notice required by the CAA in all ofthe state's

1I air regions. Hearings were rescheduled for June 8 and 28, 2011; to facilitate hearing

efficiency, the Agency and Stericycle were directed by the hearing officer to pre-file answers to

questions concerning the previously-prefiled testimony. See hearing officer order (Apr. 20,

I The TSD is entitled "Control Options and Associated Costs ofComplying with the Proposed

Revisions to 35 1I1inois. Administrative Code, Part 229: Hospital/Medical/Infectious Waste

Incinerators", AQPSTRIO-08, IEPA (Dec.IO, 2010)

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

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

Reg. 5 I368 (Oct. 6, 2009). States were required to have State Implementation Plans (SIP)

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

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

42 USC7429(e), requires USEPA to develop a Federal Implementation Plan (FIP) within two

years offederal rule promulgation i.e. by October 6,2011.
2011)3. Stericyle prefiled testimony and answers for the first hearing on May 23, 2011, and the

Agency filed its answers and first errata sheet on May 25,2011. The first hearing was held in

Clinton on June 8, 2011, and the second is scheduled for June 28, 2011 in Chicago.

JUNE 8,2011 HEARING

Hearing4 commenced as scheduled in Clinton on June 8, 2011. The Agency was

represented by Attorney Charles Matoesian, who was accompanied by witness Dixon Nwaji.

6/8/11 Tr. at 6. Stericycle was not represented by an attorney. Stericyle's spokesman was Selin

Hoboy, its vice-president of legislative and regulatory affairs. 6/8/11 1'1'. at 7. Ms. Hoboy was

accompanied by Stericycle's Rick Gabey, Regional Operations Director, Jim Nold, Plant

Operations Manager, and Wade Van Zee, Manager ofEnvironmental Quality. Id.

The Agency and Stericycle each presented one witness, and six exhibitsS were offered

and admitted into the record. These included Exhibit 2, an agreed-upon revision ofthe

3 The hearing officer order stated:

But, the hearing officer notes that the Board could still timely adopt rules on the

schedule preferred by the Agency ifthe Board adopts a first notice proposal no

later than the Board meeting scheduled for June 16, 20 II.

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

notice without commenting on the merits ofthe proposal in advance of any

hearings. But, given Stericycle's premed testimony concerning the proposed

compliance dates, Board action in advance of hearing could be misconstrued as

prejudgment on the merits ofthe proposal without allowing Stericycle to be heard.

Under these circumstances, it would be most helpful ifthe June 8 hearing could

develop a record for Board deliberation that makes clear any agreements or

disagreements the Agency and Stericycle have concerning the other's respective

positions on the proposal. So, Board staff has taken steps to encourage the

participants to refine their thinking concerning the Agency's proposal and

Stericycle's testimony concerning the proposed compliance dates. Attached to

this order are questions conceming the previously-filed testimony, which this order

requests that the Agency and Stericyle respond to in writing in advance of hearing,

on or before May 23,2011. Hearing officer order (Apr. 20, 2011) at p. 3.

4 The transcripts ofthe two hearings were not consecutively numbered. Accordingly, hearing

transcripts are cited as "6/8/11 Tr." and "6/28/11 1'1'."

5 Exhibit I: Testimony of Dixon Nwaji, Environmental Protection Engineer, !EPA Air Quality

Planning Section, filed 2/18/20 II; Exhibit 2: 6/8/11 Amendments Agreed to by !EPA &

Stericycle to 35 IlL Adm. Code 229.115 "Compliance Schedules for HMIWls That Will

Continue to Operate"; Exhibit 3: IEPA 5/25/11 Answers and First Errata to Questions

Regarding Hospital/Medical/ Infectious Waste Incinerators; Exhibit 4: Stericycle Inc. Testimony
compliance dates to reflect discussions between IEPA and Stericyle resolving concerns

expressed about the originally proposed compliance dates by Stericycle in pre-tiled testimony.

6/8/ II Tr. at 10-11. Both participants agreed to a minor language modification in Section

229.115 (b)(2)(B)(vii) suggested by the hearing officer and indicated on the face of Exhibit 2.

6/8/1 I Tr. at 15.

Testimonv ofIEPA's Dixon Nwaji

The Agency presented the prefiled testimony of Dixon Nwaji an Environmental

Protection Engineer in the Agency's Air Quality Planning Section. The testimony was entered

into thc record as if read as Exhibit 1. See 6/8/1 ITr. at 9. Mr. Nwaji summarized much of the

material in the TSD submitted by the Agency along with its proposal.

Since April 199 I, Mr. Nwaji's responsibility in this capacity has included tracking the

development ofregulations under section 112 of the federal CAA, including the national

emission standards for hazardous air pollutants (NESHAPS) and related regulations under

Section 129 ofthe CAA. Mr. Nwaji also provides outreach to the regulated community and

other stakeholders in the implementation of the regulations. Exh. 1 at unnumbered p. 2.

Regulatory Background. Mr. Nwaji reminded that the CAA requires the USEPA, in

order to protect public health and welfare, to promulgate maximum achievable control

technology standards (MACT) for the control of emissions of listed pollutants from HMIWI.

MACT standards are based on the maximum degree ofreduction in emissions oflisted toxic air

pollutants already being achieved by the best-controlled and lower-emitting sources in an

industry group (in this instance, the HMIWI source category). The listed pollutants are hydrogen

chloride, carbon monoxide, lead, cadmium, mercury, particulate matter, oxides of nitrogen,

sulfur dioxide, and dioxin/furans. Exh. I at unnumbered p. 2.

Mr. Nwaji then reviewed the history ofthe rules at issue here. Mr. Nwaji stated that on

September 15, 1997, USEPA published new source performance standards (NSPS) for new

HMIWI units, and emissions guidelines (EG) for existing HMIWI units (the 1997 NSPS/EG

standards). Illinois adopted rules codified as 35 III. Adm. Code Part 229, and USEPA approved

as part ofthe Illinois SIP rules that reflect the emissions guidelines under the 1997 NSPS/EG

standards. Exh. I at unnumbered p. 3.

On March 2, 1999, the U.S. Court ofAppeals for the District ofColumbia Circuit in a

case challenging USEPA's methodology in deriving the 1997 MACT standards, remanded the

rule for further explanation from USEPA of its derivation ofthe standards. Since the appellate

court did not vacate the rule, rule requirements remained in effect during the remand and were

fully implemented by September 15, 2002. Then, on October 6, 2009, the USEPA, in response

on Amendments to 35 III. Adm. Code Part 229: HMIWI, filed 2/22/2011(signed by Selin Hoboy,

VP Legislative and Regulatory Affairs); Exhibit 5: 5/23/1 I Stericycle Inc. Testimony on

Amendments to 35 III. Adm. Code Part 229: HMIWI, signed by Selin Hoboy, VP Legislative and

Regulatory Affairs); Exhibit 6: 6/23/2011 Hearing officer order in Rl 1-24 addressing questions

to !EPA and Stericycle re their respective filings of5/25/201 1& 5/23/201 I.
to the appellate remand, published revised NSPS and EG for HMIWlunits (the 2009 NSPS/EG

standards). The amended standards addressed issues raised in litigation by petitioners, and also

satisfied USEPA's obligation under the CAA to conduct a review of the HMIWI MACT

standards every five years. Exh. I at unnumbered p. 3.

With the promulgation of the 2009 NSPS/EG standards, IEPA is required under the CAA

to submit a revised SIP to address the new requirements under the revised emissions guidelines.

Exh. I at unnumbered p. 3.

Waste Treatment bv Medical Waste Incineration. Mr. Nwaji testified that the

proposed amendments to 35 III. Adm. Code Part 229 will substantially reduce emissions of

hazardous air pollutants (HAPs) and criteria pollutants from medical waste incinerators, also

referred to as HMIWI. He explained that medical waste incinerators are major sources of

persistent, bioaccumulative, and toxic pollutants such as lead, cadmium, dioxins/furans, and

mercury. These pollutants are known or suspected to cause serious health effects, such as cancer,

birth defects, and lung defects as well cause adverse environmental and ecological effects. The

reductions in emissions ofthese toxic pollutants that will be achieved from the implementation

of the proposed amendments will accordingly benefit public health and the environment. Exh. I

at unnumbered p. 3.

Mr. Nwaji explained that incineration is among the existing waste treatment technologies

used to process medical waste to make it biologically and chemically safe for disposal in a

landfill. The advantages ofincineration include destruction of pathogens and hazardous

organics, reduction in the volume of material combusted, and energy recovery. In addition,

incineration leaves wastes unrecognizable after treatment. But, a major disadvantage of

incineration as a treatment method is the public health risk posed by the emissions of hazardous

air pollutants from the waste incineration process. Other waste treatment technologies such as

autoclaving (and landfilling), gas/vapor sterilization, chemical disinfection, thermal inactivation,

microwave sterilization and others are being embraced as alternative treatment options to

incineration as they do not pose the level of public health risk that incineration does. Exh. I at

unnumbered p. 3.

Mr. Nwaji noted that each waste treatment method presents its own performance issues

and environmental impacts. The alternative treatment options to varying degrees are not as

effective as incineration when used to treat certain waste types such as pathological,

chemotherapy and pharmaceutical wastes. In terms of environmental impacts, autoclaving, for

example, does not achieve the volume reduction as incineration, and that some medical wastes

that are autoclaved may require more landfill space than if incinerated. Other environmental

impacts associated with landfilling of autoclaved medical wastes include landfill gas emissions,

landfill leachate issues, and impacts of waste transportation traffic. Exh. 1 at unnumbered p. 3.

Summary of Proposed Revisions. Mr. Nwaji stated that emission limits under the 2009

NSPS/EG standards are far more stringent than the 1997 NSPS/EG standards, and that most of

the HMIWI units nationwide (including units located in Illinois) would need to improve

perfonnance in order to comply with amended standards. The CAA requires that the standards

under an approvable SIP be at least as protective as those under the promulgated emissions
guidelines. Mr. Nwaji stated that the proposed revisions to Part 229 "are deemed equivalent in

stringency to the amended standards under the 2009 NSPS/EG standards." Exh. I at

unnumbered p. 3-4.

Mr. Nwaji said that the proposed emissions limits apply at all times, including during

periods ofstartup, shutdown and malfunction (SSM). Since the regulatory exemption provision

in the 1997 NSPS/EG standards that allowed facilities under MACT programs to exceed

emission limits during periods of SSM was vacated in 2008 by the D. C. appellate court, that

provision is deleted from the rules in the proposed revisions to Part 229. Exh. I at unnumbered

p.4.

Also deleted from the rules in the proposed revisions are percent reduction limits for

hydrogen chloride, lead, cadmium, and mercury. Because the approach used in determining

percent reduction limits for these pollutants under the 1997 NSPS/EG standards did not account

for nontechnology factors that also affect emissions from HMIWI, the use of percent reduction

limit as an option for compliance demonstration was deleted from the 2009 NSPS/EG standards.

Exh. I at unnumbered p. 4.

Emissions from HMIWI units depend greatly on the materials that are eombusted.

Enhanced waste management practices such as waste segregation at the point of generation,

purchasing of recycled or recyclable products, and good combustion control practices are

effective pretreatment strategies for reducing emissions of certain target pollutants.

Occupational Safety and Health Administration (OSHA) requirements preclude commercial

HMIWI operators from segregating medical waste received from client waste generators for

treatment. Taking into account the effectiveness of waste segregation as a pretreatment strategy,

the proposed revisions include a requirement that commercial HMIWI operators provide training

and education in waste management practices, and ensure that each client develops its own waste

management plan that includes elements such as waste segregation and purchasing ofrecycled or

recyclable products, among others. Exh. I at unnumbered p. 3-4.

The proposed revisions include additional stack testing requirements, and a provision that

would allow for the use of previous test(s) results for initial compliance demonstration if certain

criteria are met. Also included is the provision that would allow HMIWI operators to forego

required annual test(s) for the subsequent two years if all three annual test(s) over a three-year

period indicate compliance with the applicable limits for particulate matter, carbon monoxide, or

hydrogen chloride. The proposed revisions also include the requirements for a one-time visible

emissions test of ash handling operations, and annual equipment and air pollution control

device(s) inspections. Exh. I at unnumbered p. 4.

Finally, the proposed revisions include a provision for a phased schedule for compliance

with the amended emission limits. The phased schedule is provided to enable HMIWI operators

that may need to install and/or modify equipment in order to demonstrate compliance with the

amended emission limits. Exh. I at unnumbered p. 4.

Affected Sources. Mr. Nwaj i stated that there are two known existing HMIWI units in

operation in llIinois that are subject to Part 229 requirements. The two units are both categorized
as large based on waste charging capacity, and are commercially operated by Stericycle, Inc

("Stericycle"), at its Clinton facility. Exh. 1 at unnumbered p. 4. Stericycle is a major provider

of medical waste management services. In addition to its use of incineration to treat medical

waste, Stericycle also uses other alternative treatment methods such as its proprietary ElectroThermal Deactivation and autoclaving to process waste at its other facilities outside the state. Id.

at unnumbered p. 4-5.

Cost and Economic Impacts. According to Mr. Nwaji, undcr the existing Part 229

standards, an initial performance test (for all target pollutants) and subsequent annual tests (for 3

of the target pollutants) are required for compliance demonstration. Based on the results of past

performance tests, Mr. Nwaji stated that neither of the two known HMIWlunits (as configured)

meet all the emission limits for the target pollutants in the proposed revisions. In other words,

the 2 Stericycle HMIWI units at the Clinton facility would need to improve performance by

installing control systems, adding incremental controls, using any ofthe alternatives to

compliance, or some combination ofthese measures to meet the proposed standards. Exh. I at

unnumbered p. 4.

Mr. Nwaji's analysis of USEPA's data developed for the 2009 NSPS/EG standards

rulemaking shows an estimated total capital cost to Stericycle for compliance with the proposed

revisions of approximately $2.3 million for the 2 HMIWI units. He estimates that the total

annual cost of compliance as approximately $700,000. Mr. Nwaji commented that autoclaving

followed by landfil1ing is considered a viable alternative to incineration. If this alternative

disposal option is used by Stericycle, Mr. Nwaji estimated StericycIe's compliance costs for the

2 HMIWI units to be a total capital cost of approximately $981,000, and a total annual cost of

approximately $526,000. Exh. I at unnumbered p. 5.

Mr. Nwaji stated that, based on the analysis of data used in developing the 2009

NSPS/EG standards on which the proposed revisions to Part 229 are based, it is not expected that

the incremental costs of compliance will significantly impact commercial operators and waste

generators, whether the costs are absorbed or passed on to customers. The additional costs,

imposed by the proposed revisions both to commercial operators and waste generators, will

accelerate the trend towards alternative waste treatment options such as autoclaving. For the

waste generators, the additional costs serve as incentive to implement enhanced waste

management practices such as waste segregation to reduce cost of disposing their waste by

minimizing the amount ofwaste sent offsite for treatment. For the commercial operator(such as

Stericycle), it is expected that this will translate to a decline in the quantity ofmedical waste

received for treatment, as well as declines in treatment costs, incineration revenues, and profits.

Exh. I at unnumbered p. 5.

Mr. Nwaji concluded that, in developing the proposed revisions to Part 229,IEPA

reviewed and relied upon the documents detailing results of USEPA's analyses of data used in

developing the 2009 NSPS/EG standards on which the proposal is based. In Mr. Nwaji's

opinion, the proposal to amend the existing Part 229 standards is both technically and

economically feasible. Exh. 1 at unnumbered p. 4.
Answers to Qnestions Deferred at First Hearing. Questions concerning Mr. Nwaji's

testimony (Exh. I) and the Agency's Answers to Questions and the Agency's First Errata Sheet

(Exh. 3) were posed in a June 3, 2011 hearing officer order, entered into the record as Exh. 6.

Many ofthese questions asked whether particular technical revisions to rulc text (but not

compliance dates) would be acceptable to the Agency. Mr. Matoesian stated that the [EPA was

not prepared to respond at that time, but that [EPA would attempt to provide written answers on

June 13,2011. 6/8/11 Tr. at 18,23. These answers would then be further addressed at the

second hearing on June 28, 20 11, if necessary.

Answers and Second Errata Sheet. On June 13, 20 II, the Agency filed the promised

answers to questions in Exhibit 6 in the filing entitled "Illinois EPA Answers and Second Errata

to Questions Regarding Hospital/Medical/Infectious Waste Incinerators". These changes were

tcchnical changes to cross-references, addresses for obtaining materials incorporated by

reference, and the like. The largest change is inclusion oftext concerning HWIMI shutdown in

Section229.116(c) similar to that in the USEPA rules.

Testimony of Stericycie's Selin Hoboy

After the Agency's presentation, Stericycle's Selin Hoboy presented a short statement.

Ms. Hoboy did not present the text ofthe two previous Stericycle prefiled statements; these were

entered into the record as Exhibits 3 & 4. Ms. Hoboy stated that Stericycle was present at

hearing "to add comments to our prefiled testimony." 6/8/11 Tr. at 13. These prefiled

statements will be summarized below, prior to summary of the balance of Ms. Hoboy's oral

testimony.

Stericycie's February 22, 2011 Filiug. In its initial filing, Stericycle explained that

Stericycle is headquartered in Lake Forest, Illinois. Stericycle is a publicly traded company

(SRCL) which employs over 5000 people in the United States and over 8000 worldwide.

Stericycle is the leading provider of compliant healthcare waste services to over 400,000

customers, including local health departments and public facilities. Within Illinois, Stericycle

employs approximately 600 employees with I treatment facility in Clinton, 2 corporate function

facilities in the Chicago area, and 2 transportation facilities. Currently Stericycle operates 6

incineration treatment locations operating 8 incinerator units throughout the U.S., including the

Clinton facility. Ex. 3, p. I.

Stericycle stated that it acknowledges that it is subject to the Part 229 rules, and that the

Agency-proposed amendments to the rules are necessary under the CAA. Stericycle's sole

concern was about the compliance schedule as proposed: i.e. January 1,2014 ultimate

compliance date and interim dates:

Section 229.115 Compliance Schedules for HMIWls That Will Continue to Operate

Ql On and after January 1, 20 I4, each owner or operator of an HMIWl, as defined in

Section 229. I 10 (a)(]) or (a)(2) ofthis Part, and subject to the emissions limits

under Section 229.I25(c) or (e) ofthis Part, as applicable, or Section 229.1 26(c)
ofthis Part, shall comply with the applicable prQvisions of this Part according to

the following schedules:

D Except as provided in paragraph (2) of this subsection and unless

another date is specified in the provisions of this Part all owners or

operators ofHMIWls shall comply with all of the provisions of

this Part by January I, 2014.

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

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

complv with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWI shall

do all ofthe following:

A) Submit its CAAPP application to the Agency, on or before

January I, 20 I3, requesting an extended compliance

schedule, pursuant to Section 39.5(5)(d) ofthe Act [415

ILCS 5/39.5(5)(d)]. This compliance schedule shall

include documentation supporting the need for an

extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this

Part that, at a minimum. meet the increments of progress

specified in subsection (b)(2)(B) ofthis Section;

ill Meet the following increments of progress by the dates

indicated:

D. Finalize all contracts for the purchase of either

pollution control equipment. process modification

or control systems by July 1,2011;

ill Commence the implementation of either the process

modifications or the necessary construction or

installation of air pollution control devices for the

HMIWI by April 1.2012;

iill Complete either the process modifications or the

installation or construction of the new air pollution

control equipment by January I, 2013;

ill Perform initial startup of the retrofitted HMIWI by

July 1, 2013; and

v) Complete the initial performance test in accordance

with Section 229.142 ofthis Part within 180 days
after initial startup. Exh.3 at 2-3, citing lEPA

12/23/1 0 proposal.

Stericycle proposed an alternate schedule below that identifies a final compliance date of

August 1, 2014 (Exh. 3 at 4):

Increments of prol!ress Stericycle Proposed Date

i) Finalize all contracts for the purchase of either pollution August 1,20]2

control equipment, process modification or control

systems

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

modifications or the necessary construction or installation

of air pollution control devices for the HMlWl

iii) Complete either the process modifications or the September I, 2013

installation or construction of the new air pollution control

Exh. 4 at 2.

Stericycle articulated five coneerns, which it believed were met by its alternate proposal:

1. The time required to perform the requisite retrofit activities at the Clinton facility as

outlined in the alternate schedule. The new HMIWl regulations will require very significant

reductions in emissions from medical waste incinerators. U.S. EPA's new limits are so

stringent that there is not an existing commercial HMIWI in operation anywhere in the U.S.

that has demonstrated the ability to meet all of the new emission standards. As such,

substantial air pollution control equipment changes and data acquisition system

improvements/changes are going to be required at all HMIWI to comply with the new

emission limits.

2. U.S. EPA identified three different air pollution control (APC) systems that would be

employed to meet the new emission limits. Most HMIWI are currently equipped with some

variation ofthese three systems; however, equipment upgrades, improvements,

reconfiguration, etc. will still be required for these systems to reliably and consistently

eomply with the new limits. U.S. EPA acknowledges this fact and further encourages States

to adopt the full implementation sehedule in the preamble to the rule as follows:

"The proposed amendments... would allow existing HMlWI to demonstrate

compliance with the amended standards within 3 years from the date of approval of a

State plan or 5 years after promulgation of the revised standards, whichever is earlier.

Consistent with CAA [Clean Air Act] section 129, EPA expects states to require

compliance as expeditiously as practicable. However, because we believe that

many HMIWI will find it necessary to retrofit existing emission control

equipment and/or install additional emission control equipment in order to meet

the proposed revised limits, EPA anticipates that States may choose to provide

the maximum compliauce period allowed by CAA section 129(1)(2). (emphasis

added). Federal Register / Vol. 73, No. 231/ Monday, December 1,2008, Page

72974.
3. The time required to develop and to submit the construction permit application for the

retrofit activities and thcn adequate time to allow IEPA to review the application and issue

the resulting air permit must be accounted for. There are tasks beyond Stericycle's control

that will have an impact on the implementation schedule, and the feasibility of meeting the

time frames. Specifically, the administrators ofthe State Plans (such as lEPA) will need time

to review and approve designs and construction plans/permit applications, as well as test

results. In addition, the public will have an opportunity for review and comment. Stericycle

recognizes that certain construction/retrofit activities may not be started without the requisite

agency approvals and/or permits. Based on Stericycle's past experience with implementation

ofthe 1997 HMIWI Rule, the time required for these events to occur will be significant,

regardless of how quickly the actual work to install the upgrades is accomplished. The

January 1,2014 deadline is insufficient time to allow for these events, and the upgrade work,

to occur.

4. The anticipated shortage of external engineering and air pollution control vendors and the

extended delivery times due to a drain on these industries associated with u.S. EPA

regulatory deadlines including the HMIWI regulations and Boiler MACT. The HMIWI

industry will be competing for engineering and air pollution control resources with other

industrial sectors that will influence the availability and lead time for equipment and services.

Other Federal air quality rules (e.g., Boiler MACT/CISWI) have similar compliance

schedules and will put a significant demand on engineering and APC resources. The large

industrial sectors impacted by those rules (e.g. utilities, industrial manufacturing sources)

have a larger market share and "buying power" than the HMIWI sector, and StericycIe may

be pushed to "the back ofthe pack" when attcmpting to contract for these resources.

5. The time required to effieiently plan and stage the equipment and personnel to retrofit

eight (8) HMIWI across the u.S. while maintaining the ability to service Stericycle

customers.

6. Any individual improvements made to an HMIWl APC to positively impact the emissions

of one pollutant, may actually have an opposite effect and negatively impact the emissions of

another pollutant. As such, an appropriate implementation schedule is not only necessary to

upgrade/install/improve the APC systems as a whole, but to evaluate the performance of

these systems and ensure reliable, consistent compliance with all ofthe emission limits.

The APC evaluation will require pre-testing to eonfirm proper system operation and the

ability to demonstrate compliance with the new limits. Actual testing ofthe HMIWI with

retrofit APC will include scheduling a testing company, performing a test, receiving results,

and possibly re-evaluating 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 f,)r contingency time to perform the shakedown ofthe new

equipment at the Clinton LlciJity in advance of conducting the Initial Perf,mnance Test. Exh.

4 at 2-6.

Stericycle's Mav 25, 20U Filing. After additional conversations with IEPA, and in

response to questions contained in an April 20. 2011 hearing officer order, in a May 25, 2011

filing (Exh.5), Stericycle proposed another compliance schedule:

Increments of progress Stericvcle Proposed Date

Stericycle will submit construction permit application January I, 2012

i) Finalize all contracts for the purchase of either pollution August I, 2012

control equipment, process modification or control

systems

ii) Commence the implementation of either the process March L 2013

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Complete either the process modifications or the September I, 2013

installation or construction of the new air pollution control

equipment

iv) Final compliance June 21, 2014

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

with

Section 229.142 ofthis Part

Exh. 5 at 2, fn. omitted

Ms. Robor's testimony. Ms. Hoboy stated that Stericycle had reviewed the proposed

amendments, and worked with IEPA to review alternative time frames and dates for

demonstrating compliance. Ms. Hoboy then read from the agreed upon changes to the rules

memorialized in Exhibit 2. 6/8/11 Tr. at 13-16. To allow for an easy comparison, this

information has been entered below into a table of the sort earlier prepared by Stericycle:

Increments of progress Agreed Compliance Date

No Later Than

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

control equipment, process modification and control

svstems

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

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI

iii) Complete either the process modifications or the September I, 2013

installation or construction ofthe new air pollution control

equipment

iv) Achieve final compliance which includes June 1,2014

incorporating all process changes, andlor completing
retrofit construction as described in the final control plan

connecting the air pollution control equipment or process

changes such that the unit is brought online and ensuring

that all necessary process changes and air pollution control

equipment are operating properly

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

with

Section 229.142 of this Part

vi) Submit the results of the initial performance test and 60-days following initial

revised waste manaaement plans to lEPA performance tests

vii) Submit notification to IEPA within 10 business days Various

of completing or failing to complete i)-v) above

In response to questions by Board staff, Ms. Hoboy agreed that the milestone date ofJanuary I,

2012 in Section 229.115(b)(2)(A) was agreeable to Stericyele, 6/8/11 Tr. at 17, and that Stericycle

would do everything in its power to comply with the agreed-upon dates. 6/8/11 Tr. at 20.

ADOPTION OF FIRST NOTICE PROPOSAL

The Board adopted its first notice proposal on June 16, 20 II, granting the Agency's

motion for expedited decision. The first notice proposal contained the text ofthe Agency's

proposal as amended by the Agency to date in its May 25 and June 13,2011 errata sheets, and

also contained the compliance dates agreed to by Stericycle at the first hearing.

The Illinois Register publication ofthe first notice proposal was at 35 Ill. Reg. 10224

(July I, 2011). This publication initiated the 45-day public comment period, expiring August 16,

2011.

In preparing the first notice text, JCAR suggested several minor changes which are

included in the Board's second notice order below. But, the Board does not make certain

changes which the Board believes are the result ofscrivener's error. These occur in the

definitions in Section 229.1 02. The definition being added for "minimum reagent flow rate"

must continue to be underlined. The definition being amended for "minimum secondary

chamber temperature" must show only the added words as underlined. (Some confusion may

have been introduced by the Agency's original proposal to strike the existing definition in its

entirety, and then propose a new definition with minimal additions-the order below shows the

amendment intended.)

JUNE 28, 2011 HEARING

The second hearing was held in Chicago on June 28, 2011. The Agency was again

represented by Attorney Charles Matoesian, who was again accompanied by witness Dixon

Nwaji. 6/28/11 Tr. at 4. Stericycle was not represented by an attorney. Stericyle's spokesman

was again Selin Hoboy, its vice-president oflegislative and regulatory affairs. Ms. Hoboy was

accompanied by Stericycle's Rick Gabey, Regional Operations Director. Id. No other

participants were present at the hearing.
No additional testimony was presented at the very short (14 transcript pages) hearing.

The participants discussed various date discrepancies in documents, but agreed that the numbers

appeared correctly in the Board's June 16, 20 II opinion. 6/28111 Tr. at 6-12. The participants

agreed to fi Ie any closing comments no later than August 16, 2011, to allow for the possibil ity of

Board adoption of a second notice opinion and order at the Board's August 18. 20 II meeting.

No written closing comments were filed hy either the Agency or Stericycle.

PUBLIC COMMENT 1 (IEPA)

The Agency filed closing comments on August 16, 2011, which it captioned as its "first

notice comments and third errata" and which the Board docketed as PC l. The Agency

requested changes in three specific subsections of 35 Ill. Adm. Code Section 229.142 "Initial

Performance Testing and Establishment of Operating Parameters for all HMIWls":

1. The Agency bel ieves it made a typographical error which is reflected in the Boards

order at Section 229.142(b)(I). In the Board's order ofJune 16,2011, subsection

(b)(I) stated "[e]xcept as provided in Section 229.115(a)(2)(B)(v) of this Part. .." The

citation contains an error, the text should read, "[e]xcept as provided in Section

229.1 15(b)(2)(B)(v) (u)(2)(B)(\) ofthis Part" PC I at I.

2. The Board also noted on page 13 of its June 16, 20 I I, order that "[t]he first notice

proposal also reflects editorial changes to tbe Agency's proposal by tbe Board at

229.116(a)(2), (b) and (c), on which the Agency is encouraged to comment." Upon

reflection, the Agency disagrees with the Board's cbanges to 229.116(a)(2) and (b)

removing cross situations to subsection to (a)(I). The Agency accordingly requests

tbat the text be changed to read as follows:

***

2) On or before January 1,2013, except as provided for in Section

229.116(c), for an HMIWI as defined in Section 229.110 (a)(I) or (a)(2)

ofthis Part subject to the emissions limits under Section 229.125(c), as

applicable, or Section 229.126(c) oftbis Part.

3. 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 229.110 (a)(I), or by January 1,2014 for an HMIWI as defined in Sections

229.110 (a)(]) and (a)(2) ofthis Part. PC 1 at 2.

The Agency continued to agree with the Board's editorial change to Section 229.11 and

requested no cbange in that subsection. PC I at 2.

AUGUST 18 2011 SECOND NOTICE ORDER

The Board granted the motion for expedited review on June 16, 2011, ordering first

notice publication oftbe rules. Consistent with grant ofthe motion, on August 18, 201 I,the
Board today adopted a second notice proposal substantively unchanged from tbat published at

first notice. The second notice proposal includes the Agency's original proposal, as amended by

the May 25, 2011 and June 13,2011 errata sheets, and the agreed-upon compliance dates

presented at the June 8, 20 II hearing. The first notice proposal also retlected editorial changes

to the Agency's proposal by the Board at 35 III. Adm. Code 229.116 (c), with which the Agency

agreed. But, the second notice order restores language in 229.116 (a)(2) and (b) consistent with

the Agency request in PC1, and similarly corrects the Agency's typographical error repeated by

the Board in Section 229. 142(b)( I).

..leAR REVIEW AND THIS FINAL ORDER

At its September 13,2011 meeting, JCAR voted a certificate of no objection to the rules.

The only JCAR suggestions were for minor, nonsubstantive changes included in the order below.

The record developed demonstrates that llIinois must timely adopt more stringent rules to

regulate HMIWI consistent with USEPA rules. Stericyle agrees that the rules must be amended,

and agrees that the compliance dates as amended during the course ofthis proceeding are

achievable. The undisputed economic data placed in the record to date indicates that the

economic impacts ofthese rule amendments emanate from the CAA and USEPA rules they

mirror. The Board accordingly finds that this record demonstrates, within the meaning of

Section 27(b) ofthe Act that there is no "adverse economic impact on the People of the State of

Illinois."

ORDER

The Board directs the Clerk to submit the following adopted rules to the Secretary of

State for filing. The rules will become effective upon filing with the Secretary of State. New

language is indicated by underlining, and language to be deleted by strike-through.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY

SOURCES

PART 229

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

SUBPART A: GENERAL PROVISIONS

Section

229.100

229.102

229.1 04

Abbreviations

Definitions

Incorporations by Reference
SUBPART B: APPLICABILITY

Section

229.110

229.112

Section

229.115

229.116

Section

229.120

Section

229.125

229.126

Section

229.130

General Applicability

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Compliance Schedules for HMIWls That Will Continue to Operate

Compliance Schedules for HMIWIs That Will Shut Down

SUBPART D: CAAPP PERMIT REQUIREMENTS

CAAPP Pennit Requirements

SUBPART E: EMISSION§. LIMITS

Emission§. Limits for Small, Medium. and Large HMIWIs

Emission§. Limits for Rural HMIWls

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Operation During Periods of Startup, Shutdown, or Malfunction (Repealed)

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Section

229.142

229.144

229.146

229.148

229.150

229.152

229. I54

229.156

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Performance Testing and Establishment of Operating Parameters for All

HMIWls

Subsequent Performance Testing for All HMIWIs

Annual Testing for Opacity

Annual Performance Testing for All Small, Medium and Large HMIWIs

Compliance with Operating Parameter Values

Compliance Requirements for HMIWIs Using CEMS

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric Filter

Violations by HMIWIs Equipped with a Wet Scrubber
229.158

229.160

229.162

229.164

Section

229.166

229.168

Section

229.170

229.172

Section

229.176

229.178

229.181

Section

229.182

229.184

Violations by HMIWls Equipped with a Dry Scrubber Followed by a Fabric Filter

and a Wet Scrubber

Compliance Requirements for Rural HMIWls

Inspection Requirements for All R±lTat HMIWls

Optional Performance Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for All Small, Medium, and Large HMIWls

Monitoring Requirements for Rural HMIWls

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Operator Training and Qualification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWls

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

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

Aeeepting Waste Generated Off Site

Waste Management Plan Requirements for Other HMIWIs

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Recordkeeping Requirements

Reporting Requirements

229.Appendix A

229.Appendix B

229.Appendix C

Toxic Equivalency (TEQ) Factors

Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Reference Test Methods and Procedures for Performance Tests

AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe

Environmental Protection Act [415 ILCS 5/10, 27,39 and 39.5]

SOURCE: Adopted at 23 III. Reg. 6477, effective May 15, 1999; amended in RII-20 at 35 Ill.

Reg. , effective _

SUBPART A: GENERAL PROVISIONS
Section 229.100 Abbreviations

The following abbreviations have been used in this Part:

Act

Agency

Board

Btu

CAAPP

Cd

CEMS

CO

6wf

E!seffi

ft>

gr/l 03 dscf

gI'lI09 dscf

grldscf

HCI

Hg

HMIWI

hI'

lb(s)

mg/dscm

mg

ngldscm

NO,

Pb

PM

ppmv

S02

TEQ

USEPA

Illinois Environmental Protection Act [415 ILCS 5]

Illinois Environmental Protection Agency

Illinois Pollution Control Board

British thermal units

Clean Air Act Permit Program [415 ILCS 5/39.5]

cadmium

Continuous Emissions Monitoring System

carbon monoxide

de) standard cubic foot

dry standard cubic meter

cubic feet

grains per thousand dry standard cubic feet

grains per billion dry standard cubic feet

grains per dry standard cubic foot

Hydrogen chloride

Mercury

Hospital/Medical/Infectious Waste Incinerator

hour

pound(s)

milligrams per dry standard cubic meter

milligrams

nanograms per dry standard cubic meter

Nitrogen Oxide

Lead

Particulate matter

parts per mill ion by volume

Sulfur dioxide

Toxic equivalent equivalency

United States Environmental Protection Agency

(Source: Amended at 35 III. Reg. , effective ~)

Section 229.102 Definitions

The definitions contained in this Section apply only to the provisions ofthis Part. Unless

otherwise defined herein and unless a different meaning of a term is clear from its context, the

definitions ofterms used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35 Ill. Adm. Code 201.102 or 35 Ill. Adm. Code 211.

"Bag leak detection system" means an instrument that is capable of monitoring PM

loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak

detection system includes, but is not limited to, an instrument that operates on
triboelectric, lightscattering, light-transmittance, or other effects to monitor relative PM

loadings.

"Batch HMIWI" means an HMIWI that is designed in such a way that neither waste

charging nor ash removal can occur during combustion.

"Biologicals" means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating

humans or animals or in research pertaining thereto.

"Body fluids" means liquid emanating or derived from humans and limited to: blood;

dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardiaI fluids;

semen and vaginal secretions.

"Bypass stack" means an alternative stack used for discharging combustion gases to the

atmosphere primarily to avoid severe damage to an air pollution control device or other

equipment.

"Charge" means the act of placing waste into an HMIWI for incineration.

"Chemotherapeutic waste" means waste material resuiting from the production or use of

antineoplastic agents used for the purpose of stopping or reversing the growth of

malignant cells,

"Co-fired combustor" means a unit combusting hospital waste or medical/infectious

waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an

enforceable requirement limiting the unit to combusting a fuel feed stream, of which 10

percent or less ofthe weight is comprised, in aggregate, of hospital waste and

medical/infectious waste as measured on a calendar quarter basis. For purposes ofthis

definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste

are considered "other" wastes when calculating the percentage of hospital waste and

medical/infectious waste combusted,

"Commercial HMIWI" means an HMIWI that offers incineration services for

hospital/medical! infectious waste generated offsite by firms unrelated to the firm that

owns the HMIWI.

"Continuous emission monitoring system" or "CEMS" means a monitoring system for

continuously measuring and recording the emissions of a pollutant from an affected

facility.

"Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash

removal during combustion.

"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23,

incorporated by reference in Section 229. I04(d) ofthis Subpart.
"Dry scrubber" means an add-on air pollution control system that injects dry alkaline

sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and

neutralize acid gases in an HMIWI exhaust stream, forming a dry powder material.

"Fabric filter" means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing flue gas through filter bags.

"Facilities manager" means the individual in charge of purchasing, maintaining, and

operating an HMIWI, or the owner's or operator's representative responsible for the

management of an HMIWI. Alternative titles may include director of facilities or vice

president of support services.

"IIigh air phase" means the stage ofthe batch operating cycle when the primary chamber

reaches and maintains maximum operating temperatures.

"Hospital" means any facility that has an organized medical staff, maintaining at least 6

inpatient beds and where the primary function of the facility is to provide diagnostic and

therapeutic patient services and continuous nursing care primarily to human inpatients

who are not related and who stay on average in excess of 24 hours per admission. This

definition does not include facilities maintained for the sole purpose of providing nursing

or convalescent care to human patients who generally are not acutely ill but who require

continuing medical supervision.

"Hospital/medicallinfectious waste incinerator" or "HMIWI" means any device that

combusts any amount of hospital waste or medical/infectious waste.

"Hospital waste" means discards generated at a hospital, except unused items returned to

the manufacturer. The definition of hospital waste does not include human corpses,

remains, or anatomical parts that are intended for interment or cremation.

"HMIWI operator" means any person who operates, controls, or supervises the day-today operation of an HMIWI.

"Infectious agent" means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable of causing disease or

adverse health impacts in humans.

"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

"Large HMIWI" means:

An HMIWI whose maximum design waste burning capacity is more than 500 Ibs

per hour; or

A continuous or intermittent HMIWI whose maximum charge rate is more than

500 Ibs per hour; or
A batch tlMIWI whose maximum charge rate is more than 4,000 Ibs per day.

"Low-level radioactive waste" means waste that contains radioactive nuclides emitting

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed

applicable Federal or State standards for unrestricted release. Low-level radioactive

waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as

defined by the Atomic Energy Act of 1954 (42 USC Y£G 20 14(e)(2)).

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, process equipment, or of a process to operate in a normal

or usual manner. Failures that are caused, in part, by poor maintenance or careless

operation are not malfunctions.

"Maximum charge rate" means:

For continuous and intermittent HMIWI, 110 percent ofthe lowest 3-hour average

charge rate measured during the most recent performance test demonstrating

compliance with all applicable emission limits specified in Subpart E ofthis Part.

For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E ofthis Part.

"Maximum design waste burning capacity" means:

For intermittent and continuous HMIWI:

C=Pv x 15,000

8,500

= HMIWI capacity, Ib/hr

primary chamber volume, ft)

primary chamber heat release rate factor, Btu/ft)/hr

standard waste heating value, Btu/lb;

Where:

C

Pv

15,000 =

8,500 =

For batch HMIWI:

Where:

C

Pv

4.5

8

HMIWI capacity, Ib/hr

primary chamber volume, fe

waste density factor, lb/ft)

typical hours of operation of a batch HMIWI, hours.

"Maximum fabric filter inlet temperature" means 110 percent ofthe lowest 3-hour

average temperature at the inlet to the fabric filtcr (taken, at a minimum, once every
minute) measured during the most recent performance test demonstrating compliance

with the applicable dioxin/furan emission limit specif1ed in Subpart E of this Part.

"Maximum flue gas temperature" means I 10 percent of the lowest 3-hour average

temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable Hg emission limit specified in Subpart E of this Part.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or

immunization of human beings or animals, in research pertaining thereto, or in the

production or testing of biologicals. The def1nition of medical/infectious waste does not

include hazardous waste identified or listed under the regulations in 40 CFR 261;

household waste, as defined in40 CFR 261.4(b)(I); and domestic sewage materials

identified in 40 CFR 261.4(a)(1). For the purposes of this Part, medical/infectious waste

includes:

Cultures and stocks of infectious agents and associated biologicals, including:

vaccines and cultures intended for use in diagnosing, immunizing, or treating

humans or animals; cultures from medical and pathological laboratories; cultures

and stocks of infectious agents from research and industrial laboratories; wastes

from the production of biologicals; and discarded live and attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and body

fluids that are removed during surgery or autopsy, or other medical procedures,

and specimens of body fluids and their containers;

Human blood, any products derived from human blood, or anything that has been

in contact with human blood in any form;

Intravenous bags and associated tubing;

Sharps that have been used in animal or human patient care or treatment or in

medical, research, or industrial laboratories, including hypodermic needlcs,

syringes (with or without the attached needle), pasteur pipettes, scalpel blades,

blood vials, and needles with attached tubing;

Culture dishes, regardless ofthe presence of infectious agents, and culture dishes

and devices used to transfer, inoculate, and mix cultures;

Any type of broken or unbroken glassware that has been in contact with infectious

agents;

Animal waste, including contaminated animal carcasses, body parts, bedding of

animals that were known to have been exposed to infectious agents during

research (including research in veterinary hospitals), production of biologicals or

testing of phannaceuticals;
Isolation wastes, including biological waste and discarded materials contaminated

with blood, excretions, exudates, or secretions Irom humans who are isolated to

protect others from highly communicable diseases, or isolated animals known to

be infected with highly communicable diseases; and

Unused sharps, including the following unused, discarded sharps: hypodermic

needles, suture needles, syringes, and scalpel blades.

"Medium HMIWI" means:

An HMIWI whose maximum design waste burning capacity is more than 200 Ibs

per hour but less than or equal to 500 Ibs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is more than 200 Ibs per hour but less than or equal to 500 Ibs per hour; or

A batch HMIWI whose maximum charge rate, as set by permit, is more than

1,600 Ibs per day but less than or equal 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 E ofthis Part.

"Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-hour average Hg

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable Hg emission limit

specified in Subpart E of this Part.

"Minimum HCl sorbent flow rate" means 90 percent ofthe highest 3-hour average HCI

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable HCI emission limit

specified in Subpart E ofthis Part.

"Minimum horsepower" or "minimum amperage" means 90 percent ofthe highest 3-hour

average horsepower or amperage to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable emission limits specified in Subpart E ofthis Part.

"Minimum pressure drop across the wet scrubber" means 90 percent ofthe highest 3-

hour average pressure drop across the wet scrubber PM control device (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating compliance with the applicable PM emission limit specified in this

Subpart E ofthis Part.

"Minimum reagent flow rate" means 90 percent ofthe highest 3-hour average reagent

flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a

minimum, once every minute) measured during the most recent performance test
dem\lnstrating compliance with the applicable NOx emissions limit specjJjed in Subpart

E of this Part.

"Minimum scrubber liquor flow rate" means 90 percent ofthe highest 3-hour average

liquor flow rate at the inlet to the wet scruhber (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable emission limits specified in Subpart E of this Part.

"Minimum scrubber liquor pH" means 90 percent of the 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

lICI emission limit specified in Subpart E ofthis Part.

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

average secondary chamber temperature (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable PM, CO,_~dioxin/furan",~ncl NOx emissions limits specified in Subpart E of

this Part.

"Operating day" means a 24-hour period between 12:00 midnight and the following

midnight during which any amount of hospital waste or medical/infectious waste is

combusted at any time in an HMlWI.

"Operation" means any period during which waste is combusted in an HMlWl, excluding

periods ofstartup or shutdown.

"Pathological waste" means waste material consisting of only human or animal remains,

anatomical parts, tissue, and the bags or containers used to collect and transport the waste

material and associated animal bedding, if applicable.

"Primary chamber" means the chamber in an HMIWI that receives waste material, in

which the waste is ignited, and from which ash is removed.

"Rural HMlWl" means any HMIWI identified in Section 229.11 O(a) ofthis Part, that is

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

Statistical Area, as defined in OMB Bulletin No. 93- I7, incorporated by reference at

Section 229.1 04(b) of this Part, meets the criteria specified in the definition of "small

HMlWl" and burns less than 2,000 lbs per week of hospital waste and medical/infectious

waste (except the 2,000 Ibs per week limitation does not apply during performance

testing).

"Secondary chamber" means that component of an HMIWl 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 HMlWl" means:
An HMIWI whose maximum design waste burning capacity is less than or equal

to 200 lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is less than or equal to 200 lbs per hour; or

A batch HMIWI whose maximum charge rate, as set by permit, is less than or

equal to 1,600 lbs per day.

"Startup" means the period of time between the activation of an HMIWI and the first

charge of waste to the unit. For batch HMIWI, startup means the period oftime between

activation of an HMIWI and ignition of the waste.

"Wet scrubber" means an add-on air pollution control device that utilizes either an

alkaline or some other type ofscrubbing liquor to collect pollutants and/or neutralize acid

gases.

(Source: Amended at 35 Ill. Reg. , effective j

Section 229.104 Incorporations by Reference

The following materials are incorporated in this Part by reference. These incorporations by

reference do not include any later amendments or editions.

a) "An Ounce of Prevcntion: Waste Reduction Strategies for Health Care Facilities,"

American Society for Healthcare Environmental Services, 840 North Lake Shore

Drive, Chicago,lIIinois 6061 1(1993).

I)

b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No.

93-17, Office of Management and Budget, Washington, D.C. (June 30, 1993).

Office of Management and Budget, National Technical Information Services.

5285 Port Royal Road, Springfield, VA 22161. (703) 487-4600.

I)

c) 40 CFR 60.8.

I)

d) 40 CFR 60, appendix A, Methods 1,2,3, 3A, 5, 9,10, lOB, 23, 26, 26A, 29.

e) 40 CFR 60, appendices Band F.

j} 40 CFR appendix A. Methods 3B. 6, 6C. 7. 7E, 22 (2010).

gl 40 CFR 60, subpart Ce and Ec (20 I0).

hl ANSI/ASME PTCI9.10-1981, Flue and Gas Analyses,lPart la, Instruments and

Apparatus). American National Standards Institute (ANSI), Attn: Customer

Service Department. 25 West 43rd Street. 4th Floor, New York. NY 10036. (212)

642-4980.
il ASTM 06784-02. Standard Test Method for Elemental. Oxidized. Particle-Bound

and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources

(Ontario Hydro Method). American Societv for Testing and Materials (ASTM).

100 Barr II arbor Drive. PO Box C70. West Conshohocken. PA 19428-2959.

(610) 832-9585.

j} "Fabric Filter Bag Leak Detection Guidance". U.S. Environmental Protection

Agency. (EPA-454/R-98-015, September 1997). Superintendent of Documents,

U.S. Government Printing Office (GPO), P979050, St. Louis, MO 63197-9000.

(Source: Amended at 35 III. Reg.~~~_, effective __~._-!

SUBPART B: APPLICABILITY

Section 229.110 General Applicability

a) Except as provided for in subsections (b), (c), (d) and (e) ofthis Section and

Section 229.112 ofthis Subpart, this Part applies to all HMIWls for which:

1.2 Construction commenced either on or before June 20. 1996. or

modification was commenced either on or before March 16, 1998; or

Il Construction commenced either after June 20, 1996 but no later than

December 1. 2008. or for which modification is commenced after March

16. 1998 but no later than April 6, 2010. This Part applies to all HMIWIs

for ·,."hich constFHction eOFRFRsflCed either on or berers !,IRe 20, 1996,

except as provided :fer in sHbsections (b). (c), (d) and (e) ofthis Section

and Section 229.112 ofthis SHbpart.

b) An HMIWI otherwise subject to the emission limits in this Part is only subject to

the recordkeeping requirements set forth in Section 229.182(b), (I) and (g) of this

Part during those periods when it combusts only pathological waste, low-level

radioactive waste, or chemotherapeutic waste, provided the owner or operator of

the HMIWI notifies the Agency of its intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.115(b)(1), Subpart D of this Part, or Section 39.5 ofthe Act.

c) An HMIWI that combusts only pathological waste, low-level radioactive waste,

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in SectionSeetions 229.182(c), (I) and (g) of this Part, provided that the

owner or operator of an HMIWI provides, by December 15, 1999, both the

Agency and the USEPA with a written certification of its 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 SectionSeetioHs 229.182(d), (I) and (g) ofthis Part, provided that the owner or

operator ofthe combustor is subject to a permit condition limiting its fuel feed

stream to co-fired combustor status, provides, by December 15, 1999, both the
Agency and USEPA with a written certification of its status as a co-fired

combustor, including an estimate of the relative weight of hospital waste,

medical/infectious waste, and other fuels and/or waste combusted at the facility.

e) Any hospital that does not operate an HMIWI but that sends any of its 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 of this Part.

fl Before January 1.20 I4. each owner or operator of an HMIWL as defined in

subsection (a)(I) ofthis Section subject to the emissions limits under Section

229. 125(a) or Section 229. I26(a). shall comply with all the applicable provisions

of th is Part.

On and after January 1.2014. an HMIWI as defined in subsection (a)(I) ofthis

Section is no longer subject to the emissions limits under Section 229. I25(a) or

Section 229.126(a) of this Part. but is subject to the emissions limits under

Section 229. I25(c) or Section 229. 126(c). and shall comply with all the applicable

provisions ofthis Part.

h2 On and after January 1.2014. each owner and operator of an HMIWI as defined

in subsection (a)(2) of this Section is no longer subject to the provisions under

New Source Performance Standards for Hospital/Medical/Infectious Waste

Incinerators (40 CFR 60. subpart Ec). 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 ...J

Section 229.112 Exemptions

Notwithstanding other provisions ofthis PaIt, the following emission units are exempt from the

requirements of this Part:

a) Any combustor required to have a permit under Section 3005 of the Solid Waste

Disposal Act, 42 USC U£G.6925;

b) Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR 60;

c) Any pyrolysis unit (i.e., a unit that uses endothermic gasification to treat hospital

waste or medical/infectious waste in order to render such waste harmless);

d) Any cement kiln firing hospital waste or medical/infectious waste; or

Any HMIWI that meets the applicability provisions for Standards of Performance

for Hospital/Medical/Infectious Waste Incinerators under subpart Ec of 40 CFR

60.
Any f-lMIWI subject to the Standards o/PerjcJlwulI1ee/er

"k"L[J;t9,nfedica llT 1 h"j H" H. r ..) 1,.1'ti{x,j'HiS' he.. TVa"tc .5 j""1(""'1O"(I«)r5 .'./., l.t '.J'81' rfl1r1ic'lr CtJ'?sfrlCth'q j, I. c. , f· in.•1

Cfm'lI1e!1ccd,'ijierJww 20, 1996, contained in SuhfJart Ec 0[10 Cf'R 60.50e.

(Source: Amended at 35 Ill. Reg.__..~._.... , effective

SUBPART C: COMPLIANCE SCHEDULES

Section 229.115 Compliance Schedules for HMIWls That Will Continue to Operate

!!.l Before January I, 2014. each owner or operator of an HMIWL as defined in

Section 229.110 (a)(1) ofthis Part, subject to the emissions limits under Section

229.125(a) or Section 229.126(a) of this Part, shall comply with all the applicable

provisions ofthis Pal1 according to the following schedules:

1ft) Except as provided in subsection (a)(2) W ofthis Scction and unless

another date is specified in the provisions of this Part, all owners or

operators of HMIWls shall be in compliance with all ofthe provisions of

this Part by September 15, 2000.

2,b) Except as provided in subsection Will fe1 ofthis Section, the owner or

operator of an HMIWI may have up to September IS, 2002, to come into

compliance with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWI shall:

A+) Submit its CAAPP application to the Agency, on or before

November 15,1999, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) ofthe Act, [415 ILCS 5/39.5(5)(d)].

This compliance schedule shall include documentation supporting

the need for an extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments of progress specified in

subsection (a)(2)(B) ofthis Section;

J22,) Meet the following increments of progress by the dates indicated:

iA) Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by February 29,2000;

liB) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by August 31, 200 I;
ivP) Perform initial startup of the retrofitted HMIWI by January

15,2002; and

"e) Complete the initial performance test in accordance with

Section 229.142 of this Part within 180 days after initial

startup.

2e) Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by September 15, 2002, shall cease operation of the HM IWI

until compliance with the provisions ofthis Part is achieved.

:l:J) Notwithstanding subsection (a)(2) fb) ofthis Section, all owners or

operators of HMIWls shall be in full compliance with all ofthe HMIWI

operator provisions of Subpart J ofthis Part by September 15,2000.

l?l On and after January L 2014, each owner or operator of an HMIWL as defined in

Section 229.110 (a)(I) or (a)(?) of this Part. and subject to the emissions limits

under Section 229. I25(c) of this Part as applicable. or Section 229.126(c) of this

Part, shall comply with the applicable provisions ofthis Part according to the

following schedules:

12 Except as provided in subsection (b)(2) ofthis Section and unless another

date is specified in the provisions ofthis Part. all owners or operators of

HMIWls shall comply with all of the provisions ofthis Part by January 1,

2014.

II Except as provided in subsection (b)(4) ofthis Section, the owner or

operator of an HM1WI may have until October 6.2014 to come into

compliance with the emissions limits under Section 229. 125(c) or

229.1 26(c) ofthis Part. To avail itself ofthis extended compliance

timeframe, the owner or operator of an HMIWI shall:

Al Submit its CAAPP application and construction permit to the

Agency. on or before January L 2012. requesting an extended

compliance schedule. pursuant to Section 39.5(5)(d) of the Act

[415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include

documentation supporting the need for an extension. a final control

plan for the HMIWI and incremental steps to be taken toward

compliance with this Part that, at a minimum. meet the increments

of progress specified in subsection (b)(2)(8) ofthis Section;

ill Meet the following increments of progress by the dates indicated:

j} Finalize all contracts for the purchase of pollution control

equipment. process modification or control systems Qy

August I, 20 I2;
ill Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by March I,

2013:

iii.} Complete either the process modifications or the

installation or construction of the new air pollution control

equipment by September 1,2013;

ill Achieve final compliance, which includes incorporating all

process changes and/or completing retrofit construction as

described in the final control plan, connecting the air

pollution control equipment or process changes so that the

unit is brought on line, and ensuring that all necessary

process changes and air pollution control equipment are

operating properly, no later than June I, 2014:

Yl Complete the initial performance test in accordance with

Section 229. I42 of this Part no later than October 6, 2014:

ill Submit the results ofthe initial performance test and

revised waste management plan to the Agency no later than

60 days following the initial performance test; and

vii) Submit notification to the Agency within 10 business days

after completing (or failing to complete by the applicable

date) each ofthe increments of progress specified in

subsection (b)(2)(B) ofthis Section. The notification must

be signed by the owner's or operator's representative

responsible for the management of the HMIWL

;u If a petition for compliance extension is granted, the owner or operator of

an HMIWL as defined in Section 229.1 10 (a)(1) or (a)(2), must continue

to comply with the provisions ofits current CAAPP permit during the

interim,

il Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6, 20]4 shall cease operation of the HMIWI until

compliance with the provisions ofthis Part is achieved.

22 Notwithstanding subsection (b)(2) ofthis Section, all owners or operators

ofHMIWls shall be in full compliance with all ofthe HMIWI operator

provisions of Subpart J ofthis Part before January I, 20]4.

(Source: Amended at 35 Ill. Reg,. , effective )

Section 229,116 Compliance Schedules for HMIWls That Will Shut Dowu
All owners or operators of HMIWls that intend to permanently shut down their HMIWI as a

means of complying with this Part shall:

ill Provide the Agency with written notice of their intention to permanently shut

down their HMIWI. as follows:

II On or before November 15, 1999, for an HMIWI as defined in Section

229.110 (a)p) of this Part, subject to the emissions limits under Section

229.125(a) or Section 229. I26(a) ofthis Part;

Il On or before January I, 2013, except as provided for in Section

229.116(c), for an HMIWI as defined in Section 229.11 O(a)( I) or (a)(2) of

this Part, subject to the emissions limits under Section 229.125(c), as

applicabl!'..9r Section 229.126(c) of this Part.

Q2 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 229.11 O(a)( I), or by January 1,2014 for an HMIWI as defined

in Sections 229.11 O(a)( I) and (a)(2) of this Part:

Provide tAe Agens) "itA written notiee of tAeir il1telltioll to permanelltly shut

dowl1 their HMIWI 011 or before November 15, 1999; and

Take ilie following affirm&tive stej3s to demeflstr&te that ilie HMIWI AI'S beefl

rendered j3ermaflel1tly ifloj3erable by 8ej3tember 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.

D Except as provided in subsection (c)(5) of this Section, owners or operators may

have up to October 6, 2014 to shut down their HMIWIs to avoid being subject to

compliance with the emissions limits under Section 229.125(c) or 229.126(c). To

avail themselves ofthis extended compliance timeframe, the owner or operator of

an HMIWI shall:

II Submit its application to the Agency by July I, 2013 requesting an

extended compliance schedule, pursuant to Section 39.5(5)(d) of the Aet,

[415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include

documentation ofthe analysis undertaken to support the need for an

extension, including an explanation of why the timeframe up to October 6,

2014 is sufficient while the timeframe up to January I. 2014 is not

sufficient, and incremental steps to be taken toward compliance with

applicable requirements ofthis Part.
II If an onsite alternative waste treatment technology is needed to he

installed before the HMIWI is shut down. an application for compliance

extension shall include the following elements of increments of progress

and completion date for each step of progress:

Al Finalize contract with an alternative waste treatment technology

vendor:

ill Initiate onsite construction or installation of alternative waste

treatment technology:

g Complete onsite construction or installation of alternative waste

treatment technology: and

ill Take the steps described under subsection (b) ofthis Section to

demonstrate that the HMIWI has been rendered permanently

inoperable.

;u If an onsite alternative waste treatment technology is not needed to be

installed before an HMIWI is shut down. an application for compliance

extension shall include a plan for shut down. The plan for shut down shall

include steps described under subsection (b) ofthis Section to demonstrate

that the HMIWI has been rendered permanently inoperable.

:'!:l If a petition for compliance extension is granted, the owner or operator of

an HMIWI, as defined in Section 229.1 10 (a)(I) or (a)(2) must continue to

comply with the provisions of its current CAAPP pennit during the

interim.

il Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6. 20 I4 shall cease operation ofthe HMIWI until

compliance with the provisions ofthis Part is achieved.

§.l Notwithstanding subsection (c)(I) ofthis Section. all owners or operators

of HMIWls shall be in full compliance with all of the HMIWI operator

provisions of Subpart J ofthis Part by January 1,2014.

(Source: Amended at 35 III. Reg. "effective -J)

SUBPART D: CAAPP PERMIT REQUIREMENTS

Section 229.120 CAAPP Permit Requirements

;ll All HMIWIs subject to the emissions limits in this Part shall operate pursuant to a

CAAPP permit. as follows:

D By September 15,2000, for an HMIWI as defined in Section

229.110 (a)(I) ofthis Part: and
Il By Januarv I. 2014, for an !-IMIWI as defined in Section 229.110 (a)(])

or (a)(2) of this Part.

ill For any !-IMIWI suhject to the emission limits in this Part that is first required to

obtain a CAAPP permit because it is subject to the emission limits in this Part, the

owner or operator shall submit a complete application for a CAAPP permit, as

follows:

II By September] 5,2000, except as provided for in Section

229.115(a)(7 )(A) of this Part, for an HMIW] as defined in Section 229.110

(a)(]) of this Part: or

Il By January 1,2014, except as provided for in Section 229, I] 5(b)(2)(A) of

this Part, for an HMIWI as defined in Section 229.]] 0 (a)( I) or (a)(2) of

this Part,

All IIMI'.¥ls subjeet to the emissions limits in this Part sfiall operate pursHaFlt to a

CAAPP l"ermit a)' Sel"tember 15, 2000.

For any l'IMIWI sHbjeet to tfie emission limits in this Part tfiat is first re'luireEl to

oatain a CAAPP l"ermit aeeause it is subjeet to tfie emission limits in tfiis Part,

tfie owner or operator sfiall sHbmit a eoml"lete apl"lieatioFl fur a CAAPP l"ermit by

Sel"ternber 15,2000, eleeeflt as proviEleEl fur iR Seetion229.115(b)(I) ofthis Patt.

c) Upon submittal of a timely and complete CAAPP application, the owner or operator

of an HMIWI shall not be in violation ofthe requirement, specified in subsection

(a) ofthis Section, to have a CAAPP permit, to the extent provided in Section

39,5(5)(h) ofthe Act [415 ILCS 5/39.5(5)(h)].

d) For any HMIWI that currently has a CAAPP permit, the following conditions

apply:

I) Ifthe CAAPP permit has 3 or more years remaining on the permit term,

the owner or operator of an HMIWI shall apply for revision to the CAAPP

permit to incorporate the applicable requirements ofthis Part, as follows:

OR or befure November 15, 1999; or

62 On or before November 15, 1999, for an HMIWI as defined in

Section 229,1 ]0 (a)(1) ofthis Part: and

ill. On or before January 1, 20] 3, for an HMIWI as defined in Section

229.110 (a)(]) or (a)(2) of this Part; or

2) Ifthe CAAPP permit has less than 3 years remaining on the permit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal ofthe permit,
(Source: Amended at 35 lIL Reg. .' effective _

SUBPART E: EMISSION LIMITS

Section 229.125 EmissionsEmissioR Limits for Small, Medium, and Large HMIWls

&)The emission limits in this Section shall apply at all times to HMIWIs identified in Section

229.11 Ora) at all time,;, except as provided in Section 229.11 Orb) ofthis Part-and, Section

229.126 of this Subpart and Subpart F of this Part.

ill Before Januarv 1.2014. each owner or operator of a small. medium. or large

HMIWI as defined in Section 229.1 10(a)(1) of this Part. shall comply with the

following emissions limits:

131 The emission limits for small. medium, and large HMI'Nls are as follo,",s:

HMIWI Emissions Limits

Pollutant Units Small Medium Large

(7% oxygen. dry basis)

, Particulate Milligrams per dry standard ill 69 34

matter cubic meter (m,;!ldscm) (0.05) (0.03) (0.015)

(grains per dry standard cubic

foot (gr/dscfl)

Carbon Parts per million by volume 40 40 40

monoxide (ppmv)

Dioxins/furans Nanograms per dry standard 125 (55) 125 (55) 125 (55)

cubic meter total or or or

dioxins/furans Ing/dscm) 2.3 (LO) 2.3 (LO) 2.3 (LO)

(grains per billion dry

standard cubic feet (grII 09

dscf)) or ng/dscm TEQ

. (,'r!1 09 dscn

Hydrogen (p.Qmv) 0LQercent reduction 100 or 100 or 100 or

chloride 93% 93% 93%

Sulfur dioxide Ippmv) 55 55 55

Nitrogen (ppmv) 250 250 250 ,

oxides

Lead , mg/dscm (graLo.U)erJbousand 12 12 1.2

I dry standard cubic feet (gr! 103 (0.52) or (0.52) or (0.52) or

dset)) or perccnt reduc.tiQn 70% 70% 70%

Cadmium mg/dscm (grII 0' dscD or 0.16 0.16 0,16

percent reduction (0,07) or (0,07) or (0,07) or

65% 65% 65%

Mercury mg/dscm Igrill)" dscilJ2I 0,55 0,55 0.55

I

percent rcdu",tion (0.24) or (0.24) or (0.24) or

85% 85% 85%
HMIWI EMISSION LIMITS

PelllltsRt URtts SmitII Medium biH'ge

~xygel1, dry

Basts}

PM mg per dS€l'n(grains 115 (0.05) 69 (0.03) 31(0.015)

per dsel)

GG fllffiW .w .w .w

Dioxins/ l'Janograms per 125 (55) or 125 (55) or 125 (55) or

FlIrans dsem, total 2.3 (1.0) 2.3 (1.0) 2.3 (1.0)

dioxins/furans

(grains per billion

dsel), ar nanograms

per dsem TEQ

(grains per billion

ds&I)

MGt ppm" or pereent 100 or 93% 100 or 93% 100 or 93%

redlletion

fllffiW g g g

fllffiW 25{) 25{) 25{)

pj; mg per dsenl 1.2 (0.52) 1.2 (0.52) 1.2 (0.52)

(grains per or 70% or 70% or 70%

tbollsand dset) or

pereellt reduetion

G4 mg per dsem 0.16 (0.07) 0.16 (0.07) 0.16 (0.07)

(graills per or 65% or 65% or 65%

tbollsalld dset) or ~. .

Hg mg per dsem 0.55 (0.24) 0.55 (0.24) 0.55 (0.24)

(graills per or 85% or 85% or 85%

tbousalld dset) or

Ql No owner or operator of a small, medium, or large HMIWI subject to emissions

limits listed under subsection (a) ofthis Section shall cause or allow any

emissions that cause greater than] 0 percent opacity. as measured on a 6-minute

block average, according to Method 9. 40 CFR 60, appendix A, incorporated by

reference in Section 229.1 04(d) ofthis Part, from any stack used by an HMIWL

£1 On and afterJanuarv I, 20]4, except as provided for in Section 229.1] 5(b)(3) or

Section 229.116(c)(4), as applicable, each owner or operator of a small, medium,

or large HMIWI, as defined in Section 229.11 Ora)(\) and (a)(2) ofthis Part, shall

comply with the following emissions limits, as applicable:

1'10 ovmer or operatar of a sillall, medium, ar large HMIWI shall eause or allow

allY emiJsions tbat eaHse greater than 10 pereent opaeity, as measured on a 6
minute block a,crage, according to Method 9,10 CfR 60, Appendi" A,

incorporated by reference at Section 229.101(d) o[chis Part, [rom any staGk used

by an HMIWI.

HMIWI Emissions Limits

Pollutant Units

I

Small Mediu ! Large

!?%oxvgen. dry basis) .........!!L..__ _.

Particulate Milligrams per dry standard 66 46 25

matter cubic meter (m0dscml (0.029) (0.0201' (0.0 I l) I

(grains per dry standard cubic 34

foot (fn/dscf)) (0.0I5)b

Carbon Parts per million by volume 20 5.5 11

monoxide (wmv]

Dioxins/furans Nanograms per dry standard I 16(7.0) 0.85 9.3(4.1)

cubic meter total or (0.37) or or 0.054

dioxins/furans (ng/dscm) 0.013 0.020 (0.024)

(grains per billion dry (0.0057) (0.0087)

standard cubic feet (gr/l 09

dscO) or ng/dscm TEQ

("r/1 09 dsd) I-c-c""-'" .

Hydrogen (ppmv) 44' 7.7 6.6

chloride J5b

Sulfur dioxide (ppmv) 4.2 4.2 9.0

Nitrogen (ppmv) 190 190 140

oxides

Lead mg/dscm (grains per thousand, 0.31 0.018 0.036

drv standard cubic fect (gr/1 0" l.Q....W (0.016)

dse!)) (0.0079)

Cadmium mg/dscm (grll 0" dscO 0.017 0.013 0.0092

(0.0040)

(0.0074) (0.0057)

Mercury mg/dscm (grll 0" dscO 0.014 0.025 0.018

(0.011) (0.0079)

(0.006 1)

'EmiSSions limits for HMIWls as defined Il1 SectIOn 229.11 O(a)(I) oft1115 Part.

bEmissions limits for HMIWls as defined in Section 229.110(a)(2) ofthis Part.

ill No owner or operator of a small, medium, or large HMIWI subject to emission

limits listed under subsection (c) ofthis Section shall cause or allow any

emissions that cause greater than 6 percent opacity, as measured on a 6·minute

block average, according to Method 9, 40 CFR 60, appendix A, incorporated by

reference at Section 229. I04(d) ofthis Part. from any stack used by an HMIWI.
On and ancr the date on which the initial performance test is completed or

required to be completed under Section 229.142 of this ParI. whichever date

comes first, no owner or operator of an HMIWI, as defined in Section 229.110

(a)( I) or (a)(2) of this Part and subject to the emissions limits under subsection (c)

of this Section, shall cause to be discharged into the atmosphere visible emissions

of combustion ash from an ash conveving svstem (including conveyor transfer

points), enclosures of ash conveving systems, buildings, or other sources in

excess of 5 percent of the observation period of 9 minutes per 3-hour period,

according to Method 22, 40 CFR 60, appendix A, incorporated bv reference in

Section 229.1 04(d) ofthis ParI. except as provided by the following exclusions:

11 Visible emissions discharged inside buildings or enclosures of ash conveying

systems: or

f1 During maintenance and repair of ash conveying systems. Maintenance and/or repair

shall not exceed 10 operating days per calendar quarter unless the owner or

operator of an HMIWI makes a request to the Agency in writing for a longer

period oftime to complete maintenance and/or repair, and the Agency approves

the owner's or operator's request in writing.

(Source: Amended at 35 III. Reg.. , effective -1

Section 229.126 EmissionsEmissisiI Limits For Rural HMIWls

lBNotwithstanding the emissionsemission limits set out in Section 229.125 ofthis Part, any rural

HMIWI shall comply with the emissionsemission limits set out in subsection (a) or (c) of this

Section, The emissionsemission limits under this Section shall apply at all times, except as

provided for in Section 229.11 O(b) and Subpart F of this Part.

i!l Before January I, 20 I4, a rural HMIWI as defined in Section 229.11 O(a)(I) shall

comply with the following emissions limits:

131 The emission limits for rural HMI'NI are as follows:

Pollutant Units HMIWI Emissions Limits

(7% oxygen, dry basis)

Particulate mg/dscm (gr/dsct) 197

matter (0.086)

Carbon QJ2!:!lY 40

monoxide

Dioxins/furans ng/dscm total dioxins/furans 800 (350) or

(gr/I 09 dsd'l or ng/dsc111 TEQ 15 (6.6)

.J (gr/l 0 dscfl

Hydrogen ppmv 3100

chloride

Sulfur dioxide ppmv 55
Nitrogen Ql21Il.Y 250

oxides

Lead mg/dscm lQ

(gr/l oj dscO (4.4)

~admium mg/dscm ±

(gr/l 03 dscO LLll

Mercury mg/dscm 7.5

(gr/ 103 dscO .QJl

PellHtllllt Yffits EMISSION LIMITS

(7°(, oxygeH, dry basis)

PM 197 (0.086)

GG WflW 40

DiOJliFl/ FlaFlOgI'ams per dsem total WO (350) or 15 (6.6)

FuraFls diOJliHs/furans (grains per

billioH dsef), or HaHograms per

dsem TEQ (graiHs per billioH

d;;Bf)

HGl WflW J-l.OO

l'li'lfJ1¥ g

l'li'lfJ1¥ 25{f

Ph mg per dsem (graiHs per 10(4.4)

thololsaHd dsef)

Gd mg per dsem (graiFls per 4-f-h7)

thOlolsaHd dset)

Hg mg per dsem (graiHs per 7.5 (3.3)

thousand dsef)

!U No owner or operator of a rural HMIWI subject to emissions 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 Part 60, appendix A, incorporated by reference at Section

229.104(d) of this Part, from any stack used by an HMIWI.

No owner or operator of a rural HM1WI shall ealolse or allO'.", any emissioHs that

eause greater than 10 pereer:t epaeity, as measured on a 6 mirlUte bloek average,

aeeording to Method 9, 40 CFR Part 60, Appendi)l A, ineorporated by referenee at

Seetion 229.101 (d) of this Part, from aFly staek used by atl HMI'Nh

f.l On and after January 1,2014, except as provided for in Section 229.l15(b)(3) or

Section 229.116(c)(4), as applicable, a rural HMIWI, as defined in Section

229,11 O(a)(]) or (a)(2) ofthis Part, shall comply with the following emissions

limits:
Pollutant Units Emissions Limits

17% oxygen, dry basis)

Particulate !]lQ/dscm (Qr/dsct) 87

matter (0.038)

Carbon l2J2!ill' 20

monoxide

Dioxins/furans ng/dscm toL:.tl dioxins/furans 240 (100) or

(gr/ IO'i'dscl) or ng/dscm TEO 5.1 (2.2)

(gr/ IO'! dscO

Hydrogen l2J2!ill' 810

chloride

Sulfur dioxide QJLmv 55

Nitrogen ppmv 130

oxides

Lead mg/dscm 0.50

(gr/l 03 dscf) (0.22)

Cadmium mg/dscm 0.11

(Dr/l 03 dscf) (0.048)

Mercury mg/dscm 0.0051

(grl103 dscf) (0.0022)

ill No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (c) of this Section shall cause or allow any emissions that cause greater

than 6 percent opacity, as measured on a 6 minute block average, according to

Method 9, 40 CFR Part 60, appendix A, incorporated by reference at Section

229.104(d) ofthis Part, from any stack used by an HMIWI.

!D On and after the date on which the initial performance test is completed or

required to be completed under Section 229.142 ofthis Part, whichever date

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

229.110 (a)(l) or (a)(2) ofthis Part, subject to the emissions limits under

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

visible emissions of combustion ash from ash conveying system (including

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

other sources in excess of 5 percent ofthe observation period of 9 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:

1) Visible emissions discharged inside buildings or enclosures of ash

conveying systems; or

Il During maintenance and repair of ash conveying systems. Maintenance

and/or repair shall not exceed 10 operating days per calendar quarter,

unless the owner or operator of an HMIWI makes a request to the Agency
in writing for a longer period of time to complete maintenance andlor

repair, and the Agency approves the owner's or operator's request in

writing.

(Source: Amended at 35 III. Reg. , effective --')

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Section 229.130 Operation During Periods of Startup, Shutdown, or Malfunction

(Repealed)

a-} The emission limits speeified in Subpart E of this Part do not apply to an HMIW[

during periods ofstartup, shutdown or malfunetion, ifthe requirements provided

in subseetions (b), (e) and (d) of this Seetion are met.

No waste shall be eharged to an IIM!'.!'!I during periods ofstartup, shatdo\', n or

l'Aalfunetion.

The shutdown of any HM!',!,'I shall proeeed aeeording to the follmving

requirements:

B For eontinuous HMIWIs, shutao\'o'A may eommenee no less than 2 hours

after the last eharge to an HM.fW¥,

For intermittent HMIWIs, shutdown may eommenee no less than 4 hoars

after the last eharge to an HMIWI; and

For bateh HMIWIs, shutdown may eommenee no less than 5 hours after

the high air phase of eombustion has been eompleted.

!}uring periods of malfunetion, the owner or operator of an HMIWI shall do aJ.l..ef

the following:

B Take all reasonable steps to ensure that an HMIWI operates within the

parameters established for that HMIWI ana to minimize eKeess emissions;

:6j Continue monitoring all applieable parameters; and

;>.) Take appropriate eorreetive aetions prior to resuming the eharging of any

waste to an HMIWI.

(Source: Amended at 33 Ill. Reg. " effective ~)

SUBPART H: COMPLIANCE REQUIREMENTS
Section 229.142 Initial Performance Testing and Establishment of Operating Parameters

for All HMIWls

!U Before Januarv I. )014. each owner or operator of an HMIWI as defined in

Section )29.110 (a)(I) ofthis Part. subject to the emissions limits under Section

2)9.125(a) or Section 229.126(a) of this Part. shall comply with the following

requirements:

The owner or operator of an HMI'NI subject to the emissioAs limits [lAder thit; Part shall comply

with the folloy, iAg requirements:

1a) Except as provided in Section 229.115(b)(2)(B)(v) 229.115(b)(2)(E) of

this Part, conduct an initial perfonnance test on their HMIWI by

September 15, 2000"

;f.b) Except as provided in subsection Will Ee1 ofthis Section, in thc initial

performance test, test for all pollutants limited pursuant to Subpart E of

this Part"

1e) During the initial performance test, rural HMIWIs are not required to test

for HCI, Pb or Cd"

:I:d) If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

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

scrubber, or a selective noncatalytic reduction system. establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B ofthis Part for the relevant control system during the initial

pcrfonnance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 ofthis

Part"

2,e) If air pollution control equipment other than a dry scrubber followed by a

fabric filter, a wet scrubber, ;lef dry scrubber followed by a fabric filter

and a wet scrubber, or a selective noncatalytic reduction system is used to

comply with the emission limits under Section 229.125 ofthis Part, the

initial performance test may not be conducted until site-specific operating

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.

{if) For rural HMIWI, establish the maximum charge rate and minimum

secondary chamber temperature as site-specific parameters during the

initial performance test, provided that the performance test demonstrates

that the HMIWI is in compliance with the emission limits specified in

Section 229.126 ofthis Part.
ill On and after Januarv L 2014, each owner or operator of an HMIW1, as defined in

Section 229, II 0 (a)( I) or (a)(2) of this Part, and subject to the emissions limits

under Section 229.125(c) as applicable, or Section 229. I26(c) ofthis Part shall

comply with the following requirements:

II Except as provided in Section 279.1 I5Ll.D1l2illlLy l(a)(?)(g)('F) ofthis Part

conduct an initial performance test on its HMIWI by January L 2014.

2} Except as provided for in subsection (b)(6), in the initial performance test

test for all pollutants to demonstrate compliance with Section 229.125(cl,

or Section 229.176(c) emissions limits, as applicable, pursuant to Subpart

E ofthis Part.

II If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

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

or a selective noncatalytic reduction system, establish the appropriate

maximum and minimum operating parameter values indicated in

Appendix B ofthis Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 or

229.126 of this Part.

:!:2 If an air pollution control device other than a dry scrubber followed by a

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

wet scrubber, or a selective noncatalytic reduction system is used to

comply with the emission limits under Section 229.125 or Section 229.126

ofthis Part, the initial performance test may not be conducted until sitespecific 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.

il For a rural HMIWI that is not equipped with an air pollution control

device, establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial

perfonnance test, provided that the performance test demonstrates that the

HMIWI is in compliance with the emission limits specified in Section

229. I26(c) of this Part

§l The owner or operator of an HMIWI may use results of previous

performance tests for initial compliance demonstration with the applicable

emissions limits, provided the following conditions are met:

ill The previous emissions tests were conducted using procedures and

test methods listed in Section 229.140 ofthis Part, or USEPAaccepted voluntary consensus standards;

ill The test results are certified as representative of current operations;

and
9 The previous emissions tests were conducted no earlier than 1996.

7J The owner or operator of an HMIWI that cannot certifv and/or whose

previous performance tests results do not demonstrate compliance with

one or more ofthe revised emission limits must conduct another

performance test for those pollutants.

ill. The owner or operator of an HMIWI, as defined in Section 229. I lO(a)(I)

or (a)(2) of this Part, and subject to the emissions limits under Section

2?9.125(c) as applicable, or Section 229.126(e) of this Part, as applicable

shall determine compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.125(g) and 229.126(e) by

conducting an initial performance test using Method 22, at 40 CFR 60,

appendix A, incorporated by reference at Section 229.1 04(d) of this Part.

(Source: Amended at 35 Ill. Reg. , effective J

Section 229.146 Annnal Testing for Opacity

Following the date on whieh the initial performance test is completed, as required by Section

229.142 of this Section, the owners or operators of all HMIWl;> shall conduct an annual opacity

test, in accordance with Section 229.140 ofthis Part. The opacity test schedules are as follows: ;

By SelltemBer 15 sf eaSR year.

!!l By September 15 of each year, for an HMIWI, as defined in Section 229.110

(a)(I) of this Part and subject to the emissions limits under subsection 229.125(a)

or subsection 229.126(a) ofthis Part; and

Q2 By January 1 of each year. for an HMIWI, as defined in Section 229.110 (a)(l) or

(a)(2) of this Part, and subject to the emissions limits under Seetion 229.125(c), as

applicable, or Section 229.126(c) ofthis Part.

(Source: Amended at 35 Ill. Reg. , effective )

Section 229.148 Annual Performance Testing for All Small, Meaium aua Large HMIWls

Following the date on which the initial performance test is completed, as required by Section

229.142 ofthis Part, all OWH6rs or operators ofsmall, medium, or large HMIWIs each owner or

operator of an HMIWI, as applicable, shall conduct an annual performance test, By SelltemBer 15

ofeaeR year to determine compliance with the applicable PM, CO and HCI emission limits

specified in Section 229.125W or 229.126 ofthis Part, using the applicable test procedures and

methods specified in Section 229.140 of this Part.

!!l Annual performance test schedules are as follows:
II Before January 1.2014. each owner or operator of a small. medium. or

large HMIWI as defined in Section 229.1 IO(a)(I). subject to the emissions

limits under Section 229.125(alofthis Part shall complete an annual

performance test by September 15 of each year: and

£l On and after January l. 2014. an owner or operator of a small. rural.

medium. or large HMIWI. as defined in Section 229. I IO(a)( I) or (a)(2).

subject to the emissions limits under Section 229.1 ?5(c) as applicable. or

in Section 229. I26(c) of this Part shall complete an annual performance

test by January I of each year.

J2a) If all 3 annual performance tests over a 3-year period indicate compliance with

the applicable emission limits for PM. CO. or HCI specified in Section 229.125fB:}

of this Part. the owner or operator of an HMIW I may forego a performance test

for that pollutant during the next 2 years. If the next performance test conducted

every third year indicates compliance with the emission limits for PM. CO. or

HCI specified in Section 229.] 25fB:} of this Part. the owner or operator of an

HMIWlmay forego a performance test for that pollutant for an additional 2 years

from the date ofthe previous performance test.

"e) If any performance test indicates noncompliance with the respective emission

limit. the owner or operator of an HMIWI shall conduct a performance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with the respective emission limits.

.9J The owner or operator of an HMIWlmay 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 emissions limits:

II PM CEMS: replace annual PM testing and opacity testing and monitoring

of pressure drop across the wet scrubber. if applicable;

£l CO CEMS: replace annual CO testing and monitoring ofminimum

secondary chamber temperature;

II HCI CEMS: replace annual HCl testing and monitoring of minimum HCI

sorbent flow rate and minimum scrubber liquor pH.

(Source: Amended at 35 Ill. Reg .. • effective J

Section 229.150 Compliance with Operating Parameter Values

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

required to be completed under as provided in Section 229.142 of this Subpart.

whichever date comes first f!aft, an HMIWI, using a dry scrubber followed by a

fabric filter, a wet scrubber, or !!.-dry serubber followed by a fabric filter and a wet

scrubber to comply with the emission limits ofthis Part, shall not operate above
any of the applicable maximum or below any of the applicable minimum operating

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

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

rolling average of the previous 3 operating hours) at all times~

periods of startup, shutdown, and malfunction (calculated each hour as a 3 hour

rolling average of the previous 3 operating hours). For batch HMIWls, the charge

rate shall be measured on a per batch basis.

ill Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped

with a selective noncatalytic reduction svstem. operation ofthe HMIWI above the

maximum charge rate, below the minimum secondary chamber temperature, and

below the minimum reagent now rate simultaneously shall constitute a violation

of the NOx emissions limit.

£9) For HMIWls using air pollution control equipment other than a dry scrubber

followed by a fabric tilter, 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 of this Part, an

HMIWI shall not operate above any applicable maximum or below any applicable

minimum operating parameter values established in its CAAPP permit.

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

(Source: Amended at 35 Ill. Reg. , effective ..1

Section 229.152 Compliance Requirements for HMIWls using CEMS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229. 125fl8 or Section 229.126 ofthis Part, if provided for in

its permit. Any HMIWI tbat is allowed to use a GEMS to demol'.strste compliaRce with the

emissioHlimits of this Part shall:

ill Any HMIWI that is allowed to use a CEMS to demonstrate compliance with the

emission limits ofthis Part shall:

la) Determine compliance with the applicable emission limits using a 12=hour

rolling average, calculated each hour as the average ofthe previous 12

operating hours, Hot iHeluding startup, shutdown, or malfunction; and

213) Operate all CEMS in accordance with the applicable procedures under

appendices Band F of 40 CFR 60, incorporated by reference at Section

229. 104(e) ofthis Part.

ill In the case ofCEMS for which USEPA has not published performance

specifications, the option to use the CEMS takes effect on the date of publication

ofthe performance specifications in the Federal Register or after site-specific
operating parameters used to demonstrate compliance with this Part have been

established by the Agency in a construction permit and approved by USEPA.

(Source: Amended at ___, effective )

Section 229,154 Violations by HMIWls Equipped with a Dry Scrubber Followed by a

Fabric Filter

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) shall be a violation of the CO emissionsemission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation ofthe dioxin/furan emissionsemission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum HCI sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe HCI emissionsemissioll limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emissionsemissiofl n limit; OJ'

e) Use of the bypass staek (elleept dllrillg startllp, shlltdoWfl or malflllletion) at any

time during operation of an HMIWI is a violation of the PM, dioxin/furan, HCI,

Pb, Cd and Hg emissionsemissioll limits;,

:D If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

g} If a bag leak detection system is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and

maintain the fabric filter so that the alarm is not engaged for more than 5 pereent

of the total operating time in a 6-month block reporting period shall be a violation

of the PM emissions limit:

h2 If a bag leak detection system is used to demonstrate compliance with the opaeity

limit. failure to initiate corrective action within one hour after the bag leak

deteetion system alarm shall be a violation ofthe opacity emissions limit;
j} If a CEMS is used to determine compliance with a PM, HCL Pb, Cd, and/or Hg

emissions limit. operation of the HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit;

j} If a continuous automated sampling system is used, operation of the HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation ofthe dioxin/furan emissions limit; or

k} If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured bv the continuous automated sampling

system shall be a violation ofthe FIg emissions limit,

(Source: Amended at 35 III, Reg, , effective J

Section 229,156 Violations by HMJWIs Equipped with a Wet Scrubber

Except as provided in Section 229,164 ofthis Subpart, for an HMIWI equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum pressure drop aeross the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation of the PM emissionsemission limit;

b) Simultaneous operation of an FlMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emissionsemissionlimit;

c) Simultaneous operation of an HMIWI above the maximum charge rate, below the

minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hour rolling average) is a violation ofthe

dioxinlfuran emissionsemission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emissionsemissiofl limit;

e) Simultaneous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling average)

is a violation of the Hg emissionsemissisfllimit; ff

f) Use ofthe bypass stack (e)leept during startup, sRutdovdl, or malf,metisn) at any

time during operation of an HMIWI is a violation of the PM, dioxin/furan, HCI,

Pb, Cd and Hg emissionsemission limits~,

g) If a CO CEMS is used to detennine compliance with a CO emissions limit,

operation of the HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;
ill If a CEMS is used to determine compliance with a PM, HCL Pb, Cd, and/or fIg

emissions limit operation ofthe HMIWI above the applicable emissions limit as

measured bv the CEMS shall be a violation of the emissions limit;

i} If a continuous automated sampling svstem is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured bv the continuous automated

sampling svstem shall be a violation ofthe dioxin/furan emissions limit; or

j} If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

(Source; Amended at 35 Ill, Reg. , effective ~)

Section 229.158 Violations by HMIWIs Equipped with a Dry Scrubber Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber foIlowed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emissionsol1'lission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour roIling average) is a

violation of the dioxin/furan emissionsel1'lissioH limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emissionsemissioH limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) is

a violation ofthe Hg emissionsemission limit; Bf

e) Use ofthe bypass stack (OllGOpt during startup, shutdowH, or malfuHGtioH) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, Hel,

Pb, Cd and Hg emissionsol1'lissioH limits~,

If CO CEMS is used to determine compliance with a CO emissions limit,

operation of the HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

If a bag leak detection system is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and
maintain the fabric filter so 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 of the PM emissions limit:

!:U If a bag leak detection system is used to demonstrate compliance with the opacity

limit. failure to initiate corrective action within one hour after the bag leak

detection system alarm shall be a violation ofthe opacitv emissions limit;

il If CEMS is used to determine compliance with a PM. HC!, Pb. Cd. and/or Hg

emissions limit. operation of the HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit;

il If a continuous automated sampling system is used. operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation of the dioxin/furan emissions limit: or

kl If a continuous automated sampling system is used. operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

svstem shall be a violation ofthe Hg emissions limit.

(Source: Amended at 35 Ill. Reg. , effective -'

Section 229.160 Compliance Requirements for Rural HMIWIs

;il Prior to January I. 2014, the requirements set forth in subsections (c) through (e)

of this Section shall apply to all rural HMIW Is subject to the emissions limits

under Section 229.126 of this Part.

QJ On and after January I. 2014. the requirements set forth in subsections (c) through

(e) ofthis Section shall apply to all rural HMIWls that are not equipped with an

air pollution control device and that are subject to the emissions limits under

Section 229.126 of this Part.

0') Following the date on which the initial performance test is completed or is

required to be completed under Section 229.142 of this Subpart, whichever date

comes first, the owners or operators ofrural HMIWI shall not operate their

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

chamber temperature measured as 3-hour rolling averages at all times, e1i€epl

during periods of startup-or shutdown (calculated each hour as the average ofthe

previous a 3 hour rolling average of the previous 3 operating hours) at all times.

ill Operating parameter limits do not apply during performance tests.

~e) Except as provided in Section 229.164 of this Subpart, the simultaneous operation

of a rural HMIWI above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shall

constitute a violation ofthe PM, CO and dioxin/furan emission limits.
(Source: Amended at 35 III. Reg. ~, effective ....._,

Section 229.162 Inspection Requirements for All RaflH HMIWls

a) Before Januarv 1,2014, each owner or operator of a rural HMIWI subject to the

emission limits under Section 229.126 of this Part shall inspect the HMIWI

according to the following schedule: Each owner or operator ora mral HMIWI

shall inspect the lIMn!,!! according to the follov,ing schedule:

1) An initial inspection shall be conducted by September 15,2000; and

2) An annual inspection shall be conducted by September 15 of each year

thereafter.

b) Each equipment inspection shall be conducted to ensure the proper operation of

thecFlfflt! HMIWI and, at a minimum, shall consist ofthe following steps:

I) An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

2) An inspection ofthe primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection of the hinges and door latches, lubricating, as necessary;

4) An inspection of dampers, fans, and blowers;

5) An inspection ofthe HMIWI door and door gaskets;

6) An inspection of all HMIWI motors;

7) An inspection ofthe primary chamber refractory lining, cleaning,

repairing or replacing the lining, as necessary;

8) An inspection of the incinerator shell for corrosion or hot spots;

9) An inspection ofthe secondary/tertiary chamber and stack, cleaning as

necessary;

10) Where applicable, an inspection ofthe mechanical loader, including limit

switches;

I I) A visual inspection ofthe waste bed (grates), repairing or sealing, as

necessary;

12) Where applicable, an inspection of air pollution control devices to ensure

their proper operation;
13) Where applicable, an inspection of the waste heat boiler systems;

14) An inspection of all bypass stack components;

15) Calibration ofthermocouples, sorbent feed systems and monitoring

equipment; and

16) A general inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of an a fHffil HMIW I shall document that, during the bum

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days after the

inspection. The owner or operator of an HMIWI may have a longer period oftime

in which to complete any repairs identified as a result of the inspection required

by this Section, provided that it makes this request to the Agency in writing, and

the Agency approves the owner or operator of an HMIWl's request in writing.

The owner or operator of a smaiL ruraL medium, or large HMIWI subject to the

emission limits under Section 229.125(c) as applicable. or Section 229.126 ofthis

Part. shall inspect the HMIWI as outlined in subsection (b) ofthis Section.

according to the following schedule;

l.l An initial equipment inspection shall be conducted by January I, 20 I4;

and

Z2 An annual equipment inspection shall be conducted by January I of each

year thereafter.

The owner or operator of an HMIWI subject to the emission limits under Section

229.125(c). as applicable. or Section 229.126(c) ofthis Part, shall inspect the air

pollution control devices. according to the following schedule;

l.l An initial air pollution control device inspection shall be conducted by

January 1, 2014; and

Z2 An annual air pollution control device inspection shall be conducted by

January I of each year thereafter.

gl Each air pollution control device inspection. as applicable, shall be conducted to

ensure the proper operation ofthe device and. at a minimum. shall consist ofthe

following steps:
11 Where applicable. an inspection ofthe thermocouples. sorbent feed

systems. and anv other monitoring equipment. adjusting applicable

calibrations. as necessary: and

£1 A general inspection of the equipment to ensure that it is maintained in

good operating condition.

h} All maintenance. adjustments. or repairs identified during an air pollution control

device inspection required under this Section shall be completed within 10 days

after the inspection. The owner or operator of an HMIWI may have a longer

period of time in which to complete any repairs identified as a result of the

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 1I1. Reg. , effective _

SUBPART I: MONITORING REQUIREMENTS

Section 229.166 Monitoring Requirements for All8mall, Medium, and Large HMIWls

!!l Each owner or operator of an HMTWI subject to the emissionserl'lissieH limits

under Section 229.I25(c). as applicable, or Section 229. P6(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 HMIWT:

£1 On and after January l. 2014. except as provided for in Section

229.TI5Cb)C3) or Section 229. I I6Cc)C4). for a small. medium or large

HMIWI and a rural HMIWI that is equipped with an air pollution control

device.

ha) Once the initial performance test required by Section 229.142 of this Part has

been performed, and the site-specific minimum and maximum operating

parameter values have been established, the owner or operator of an a small,

mediHm or large HMIWI, as applicable. shall continuously monitor those

parameters.

fb) The owner or operator of an a small, medium er large HMIWI, as applicable.

shall comply with the following monitoring requirements:

T) Install. calibrate according to manufacturer's specifications, maintain. and

operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (unless CEMS are used as a substitute for certain parameters as

specified) so that these devices or methods measure and record values for

these operating parameters at the frequencies indicated in Appendix B of

this Part at all times eJlSept duriHg perieds efstartup al'ld shHtdo\\ H:
2) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device or establish a method for identifying the use ofthe bypass

stack, including date, time, and duration of use;

3) If control equipment other than a dry scrubber followed by a fabric filter, a

wet scrubber, &-a dry scrubber followed by a fabric filter and a wet

scrubber, or a selective noneatalytic reduction svstem is used to comply

with the applicable emissionsemissioR limits under Section 229.] 25(c)

?29.125(b), as applicable, or Section 229.126(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. I42(a)(5) or (b)(5)

SeetioR 229.1 n (e) ofthis Part; and

4) Reeord monitoring data at all times during HMlWI operation, except

during the periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day aM for 90 percent ofthe operating

days per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

ill If an HMIWI is equipped with an air pollution control device that includes a

fabric filter and a PM CEMS is not used to demonstrate compliance, the owner or

operator ofthe HMIWI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator shall meet the

following requirements for each bag leak detection system installed:

D Each triboelectric bag leak detection system may be installed, calibrated,

operated, and maintained according to the "Fabric Filter Bag Leak

Detection Guidance, " as incorporated by reference in Section 229.1 04;

;D The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or

less;

Il The bag leak detection system sensor shall provide an output ofrelative

PM loadings;

:ll The bag leak detection system shall be equipped with a device to

continuously record the output signal from the sensor;

21 The bag leak detection system shall be equipped with an audible alarm

system that sounds automatically when an increase in relative PM

emissions over a preset level is detected. The alarm shall be located where

it is easily heard by plant operating personnel;
21 For positive pressure fabric filter systems, a bag leak detector shall be

installed in each baghouse compartment or cell;

D For negative pressure or induced air fabric filters, a bag leak detector shall

be installed downstream ofthe fabric filter;

ill If multiple bag leak detectors are required, the bag leak detection

system's instrumentation and alarm may be shared among detectors;

22 The baseline output shall be established by adjusting the range and the

averaging period ofthe device and establishing the alarm set points and

the alarm delay time according to section 5,0 ofthe "Fabric Filter Bag

Leak Detection Guidance," as incorporated by reference in Section

229.104;

lQl 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 bv more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation

unless the adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition. Each

adjustment shall be recorded;

ill Records ofthe results of each inspection, calibration, and validation

check; shall be maintained; and

m The fabric filter must be operated and maintained so that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

operating time in a 6-month block reporting period; however, corrective

action must be initiated within I hour after the alarm,

(Source; Amended at 35 Ill. Reg.. , effective ~)

Section 229.168 Monitoring Reqnirements for Rural HMIWls

;ll Each owner or operator of a rural HMIWI subject to the emissions limits under

Section 229.126 ofthis Part shall comply with requirements of this Section

according to the following schedule;

II Before January 1. 2014, for a rural HMIWl; and

Il On and after January I, 2014, except as provided for in Section

229.115(b)(3) or Section 229.116(c)(4), for a rural HMlWI that is not

equipped with an air pollution control device,
j:J} The owner or operator of each rural HMIWI shall comply with the following

monitoring requirements:

la) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device measuring and recording the temperature ofthe

secondary chamber on a continuous basis, the output of which shall be

recorded, at a minimum, once every minute of operation;

Ie) Install, calibrate according to manufacturer's specifications, maintain, and

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

and weight of each charge fed into an HMIWI; and

}e) Record monitoring data at all times during HMIWI operation, except

during periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent of the operating hours per day llflt! for 90 percent ofthe operating

hours per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

(Source: Amended at 35 Ill. Reg.. , effective ~)

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.180 Waste Management Reqnirements for Commercial HMIWls i\eeepting

\'iaste GeneFatea Off Site

a) The owner or operator of any commercial HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

I) Provide hospital, medical or infectious waste customers with written

infonnation at least once a year concerning the availability of waste

management practices for reducing the volume and toxicity of waste to be

incinerated; llflt!

li Conduct training and education programs in waste segregation for each of

the company's waste generator customers;

II Ensure that each waste generator customer prepares its own waste

management plan that includes. at a minimum. the following elements:

61 Segregation ofrecyclable wastes such as paper products. glass.

batteries and metals;

ill. Segregation of non-recyclable wastes such as polyvinyl chloride

plastics, pharmaceutical waste. and mercury-containing waste; and

g Purchasing recycled or recyclable products.
:1:;1,) Submit a waste management plan to the Agency, in accordance with

Section 229.184(b) of this Part, that outlines the effol1s that will be

undel1aken to implement the requirements di3tribute information as

specified in subsection~ (a)(I) through (a)(3) of this Section. and identifies

the information that \\ ill 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 III. Reg. , effective ,

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Section 229.182 Recordkeeping Requirements

a) The owner or operator of an HMIWI subject to the emissionsemission limits

under Subpart E ofthis Part shall maintain records ofthe following information:

1) The calendar date of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

229.125 (a) (c). or in Section 229.126 (a) or (c) of this Part (as

determined by the CEMS, if applicable). and any measurements of

opacity as required under Section 229.125(b). (d), or CD or Section

229.126(b) or (d):

Goneentrations of all 8j3plieal1le pollutants listed in Seetion

;1,;1,9.1;1,5(11) or ;1,;1,9.126(11) ofthis Part (as determined l1y the GEMS,

if aj3plieal1le) and an)' meaSHrel'l1ents of opaeit)' as reEjl1ired Hnder

Seetion ;1,29.1 ;1,5(e) or 229.1 26(e);

B) HMIWI charge dates, times and weights, and hourly charge rates;

C) If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxin/furan sorbent used during each

hour of operation;

E) The amount and type of Hg sorbent used during each hour of

operation;

F) The amount and type of HCI sorbent used during each hour of

operation;
0) If a selective noncatalytic reduction system is used to comply. the

amount and type of NOXreagent used during each hour of

operation:

ill If a selective noncatalytic reduction system is used to comply. the

minimum secondary chamber temperature recorded during each

minute of operation:

1G) The secondary chamber temperatures recorded during each minute

of operation;

114) 'l'he liquor flow rate to the wet scrubber inlet during each minute of

operation;

Kf) The horsepower or amperage to the wet scrubber during each

minute of operation;

LJ) Any pressure drop across the wet scrubber system during each

minute of operation;

MJ<:;) The temperature at the outlet from the wet scrubber during each

minute of operation;

Nb) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use ofthe bypass stack, including dates,

times, and the duration ofsuch use; llfld

EN) For sources complying with Section 229. I66i0 fb*B-ofthis Part,

all operating parameter data collected rnoflitored; and

ill If a bag leak detection system is used, maintain records ofthe

system alarm. the time of the alarm. the time corrective action was

initiated and completed. and a brief description of the cause ofthe

alarm and the corrective action taken. as applicable;

3) Identification of any calendar days for which data on emissionsernissiofl

rates or operating parameters specified under subsection (a)(2) ofthis

Section have not been obtained, with an identification ofthe

emissionsernission rates or operating parameters not measured, reasons for

not obtaining data, and a description ofthe corrective actions taken;

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description ofthe malfunction and of the corrective

action taken to remedy it;
5) Identification of calendar days for which data on emissionsemission rates

or operating parameters specified under subsection (a)(2) of this Section

exceeded the applicable limits, with a description of the exceedences,

reasons for such exceedences, and a description of the corrective actions

taken;

6) The results ofthe initial, annual, and any other subsequent performance

tests conducted to determine compliance with the applicable emissions

limits and/or to establish or re-establish operating parameters, as

applicable, and a description, including sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring devices as required under

Sections 229. I66{£lf9f(l), (2) and (3) and 229. I68(Q2faj(l) and (2) of this

Part; and

8) Identification ofthe names of all HMIWI operators who have met the

criteria for qualification under Section 229.170 of this Part, including:

A) Documentation oftraining and the dates of the training; and

B) The date ofthe initial review and all subsequent annual reviews of

the information specified in Section 229.172(a) of this Part, as

required by Section 229.1 72(b) ofthis Part.

b) The owner or operator of an HMIWI claiming an exemption from the

emissionsemission limits in this Part pursuant to Section 229.11O(b) ofthis Part

shall keep contemporaneous records identifying each period oftime when only

pathological waste, low-level radioactive waste, or chemotherapeutic waste is

burned, including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.llO(c) ofthis Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

d) The owner or operator of a co-fired combustor claiming an exemption from the

emissionsemission limits under Section 229.110(d) of this Part shall maintain

records on a calendar quarter basis ofthe relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste combusted.

S'.l The owner or operator of each HMIWI subject to the emissions limits under

Section 229.l25(c), or Section 229.126 ofthis Part, shall maintain records ofthe

annual equipment inspection required under Section 229.162 ofthis Part.

The owner or operator of eash rllral HMIWI shall maintain reeords ofthe annllal

eqllipment inspeetions reqllired under Seetion 229, I62 ofthis Part, any reqllired
maintenanGe, and any repairs not completed within 10 days after an inspection or

the time frame established by the Ageney.

The owner or operator of each HMIWI subject to the emissions limits under

Section 229.1 75(c). or 229. I26(c) of this Part. shall maintain records of the annual

air pollution control device inspection required under Section 229.162 of this Part.

gl If a bag leak detection system is used. the owner or operator shall maintain

records of the system alarm, the time of the alarm, the time corrective action was

initiated and completed, a brief description of the cause ofthe alarm and the

corrective action taken. as applicable.

h.l The owner or operator of each HMIWI, when applicable. shall maintain records

of anv required maintenance. adjustments. or repairs identified during an

inspection required under Section 229.162 of this Part not completed within 10

days after the inspection or the timeframe approved in writing bv the Agency.

if) All records required under this Section shall be maintained onsite for a period of 5

years, in either paper copy or electronic format, unless an alternative format has

been approved by the Agency in a permit condition.

jg) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Source: Amended at 35 Ill. Reg. ,. effective 1
Section 229.184 Reporting Requirements

a) The facilities manager and the responsible official for the affectcd source shall

certify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

perf0l111anCe test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:

I) Before January 1. 2014. except as provided for in Section 229.115(b)13) or

Section 229.1 16Ic)14). as applicable. the test data and values for the sitespecific operating parameters established pursuant to Section

229. I421a)14). IS) or (6). as applicable, and a description. including

sample calculations. of how the operating parameters were established

during the initial performance test for an HMIWI subject to the emissions

limits under Section 229.125Ia) or 229.126(a) ofthis Part;

The test data and "alues for the site specific operating parameters

established for an HMPNI pursuant to either Section 229. I42Ed), (e) or (f)

ofthis Part, as applicable; afld

2) On and after January L 2014. the test data and values for the site-specific

operating parameters established pursuant to Section 229. J421b)13), (4) or

IS). as applicable, and a description, including sample calculations, of how

the operating parameters were established during the initial performance

test for an HMIWI subject to the emissions limits under Section

229.125Ic) or Section 229.1 261c) ofthis Part;

Il If a bag leak detection systcm is used, analysis and supporting

documentation demonstrating conformance with guidance and

specifications for bag leak detection systems in Section 229.1 66Id)(]); and

~) A copy ofthe waste management plan required under Subpart K ofthis

Part.

f2 All owners or operators ofHMIWls shall submit the information specified under

this subsection Ic) to the Agency, as follows:

All OV,'flers or operators ofHMIWls shall submit the iflformation specified under

this subseetiofl Ee) to the Agency by September 15, 2001 and by September 15 of

eaeh year thereafter. Onee an HMIWI is issued a CAAPP permit, the owner or

operator of an HMIWI shall submit these reports semi annually, in aeeordanee

with subseetiofl Ed) of this Seetiofl. The annual report shall include the following

information:
61

l..l By September 15, 200 L and by September 15 of each vear thereafter. for

an HMIWI subject to the emissions limits under Section 229.125(a) or

729.126(a) of this Part:

II By January L 2014, and by January I of each year thereafter, except as

provided for in Section 229.115(b)(3) or Section 229,116(c)(4), as

applicable, for an HMIWI subject to the emissions limits under Section

229.125(c) or (e) or Section 229. I26(c) ofthis Part: and

II The annual report required under subsection (c)(1) or (2) ofthis Section

shall include the following information:

A-lj Before January 1, 2014, the values for site-specific operating

parameters established pursuant to Section 229.1 42(a)(4), (5) or (6)

ofthis Part, as applicable:

J:D On and after January I, 2014, except as provided for in Section

229.115(b)(3) or Section 229.116(c)(4), as applicable, the values

for site-specific operating parameters established pursuant to

Section 229.142(b)(3), (4) or (5) ofthis Part, as applicable:

~;6J The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter, recorded for the calendar year being reported pursuant

to Section 229. I42(a)(4), (5) or (6), or Section 229. I42(b)(3), (4)

or (5) ofthis Part, as applicable: and for the ealendar year

preeeding the year being reported;

ill The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter recorded pursuant to Section 229, I42(a)(4), (5) or (6) or

Section 229, I42(b)(3), (4) or(5), of this Part, as applicable, for the

calendar year preceding the year being reported, in order to

provide the Agency with a summary ofthe performance ofthe

affected facility over a 2-year period:

,1;;'8 Any information recorded pursuant to Section 229.1 82(a)(3)

through (5) ofthis Subpart for the calendar year being reported and

for the calendar year preceding the year being reported;

E'8 If no exceedences or malfunctions were recorded under Section

229.182(a)(3) through (a)(5) ofthis Subpart for the calendar year

being reported, a statement that no exceedences occurred during

the reporting period; and
62

G!» Any use of the bypass stack, the duration of use, the reason for

malfunction, and the corrective actions taken.

d) Once an HMIWI is issued a CAAPP permit the owner or operator ofthe HMIWI

shall submit the reports required under subsection eel ofthis Section

semiannually. The semiannual reports must be submitted within 60 davs

following the end ofthe reporting period. The first semiannual reporting period

ends on June 30 of each year and the second semiannual reporting period ends on

December 3] of each vear.

Once the owner or operator of an HMIWI is required to submit semiannual

reports, these repet'ts must be submitted 'n ithin 60 dt:)s following the end of the

reporting period. The first semiannual reporting period ends on March 15 of each

year and the second semiannual reporting period ends on September 15 of each

)'%r.

e) The owner or operator of each rural HMIWI subject to the emissionsemission

limits under Section 229.126(b) ofthis Part, shall submit an annual report

containing all information listed in subsections (b) and (c) ofthis Section by no

later than 60 days following the year in which the data was collected. Subsequent

reports shall be sent no later than 12 calendar months following the previous

report. Once the unit is subject to permitting reqnirements under the CAAPP, the

owner or operator shall submit these reports semiannually in accordance with the

schedule specified in subsection (d) ofthis Section.

(Source: Amended at 35 III. Reg.. , effective -'
63

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 parameter is required.

MINIMUM FREOUENCY . CONTROL SYSTEM

Operating Data Data Q!:y Wet Drv Selective

Parameters Measurement Recording Scrubber Scrubber Scrubber Noucatalytic

Followed Followed Reduction

by Fabric by Fabric System

Filter Filter aud

Wet

I

Scrubber

Maximum Continuous Once per X X X X

.t::harge Rate I hour

Maximum Continuous Once per X X

Fabric Filter minute

Inlet

Temnerature

Maximum Continuous Once per X X

Flue Gas minute

Temnerature

Minimum Continuous Once per X X X X

Secondary minute

Chamber

Temperature

Minimum Hourly Once per X X

Dioxin/Furan hour

Sorbent Flow

Rate

Minimum Hourly Once per X X

HCI Sorbent hour

Flow Rate

Minimum Hourly Once per X

Reagent hour

Flow Rate

Minimum Hourly Once per X X

Hg Sorbent hour

Flow Rate

Minimum Continuous Once per X X

Pressure minute

Drop Across

the Wet
64

For batch HMIWls, record the, charge per batch.

Scrubber or

Minimum

Horsepower

or Amperage

to Wet

Scrubber ~""'~

-"-,,-""---,~

Minimum Continuous Once per X X

Scrubber hour

Liquor Flow

Rate

Minimum Continuous Once per X X

Scrubber hour

Liquor pH

"

Operating Parameters to be Monitored and MinimHm MeasHfement and Reeording FreqHeneies.

An ",," in any bOlH11 this mOOi" means that meaSHrement orthat parameter is reqHired.

MINIMUM FREQUENCY CONTROL 8Y8TEM

°fleFlltiRg Data Meas Data Dry Dry 8erRbber

Paraffleters (HeffleRt Reeenli8g 8enibber 8eriibber Fallowed by

Fallowed by Fabrie Filter aRd

Fiilwk-FilteF Wet 8erubber

MffidmHm CORtinHoHs Onee per X. x. X. 01, n floor

MaldmHm ContinHoHs Onee per X. X.

Fabrie Filter minute

Inlet

~,

Maldmum ContinuoHs Onee per X. X.

flHe gas minute

temper8tme

Minimum ContinHous Onee per X. x. X.

seeondary minute

ehamber

Minimum Hourly Onee per X. X.

Dimcin/ Furan floor

SorBent Flow

Rate
65

For batch HMIWls, record the charge per batch.

Minimum Hourly Once per

HCI Sorbent floof

flo\\ Rate

Minimum Hg Hourly Once per

Sorbent flow floof

Rffie

Minimum Continuous Onee per

Pressure Drop minute

Am'oss the

W<*

Scrubber 01'

Minimum

Horsepower

or Aml3erage

to-Wet

Scrubber

Minimum Continuous Once per

Scrubber minute

Liquor Flow

Rffie

Minimum Continuous Once l3er

Scrubber minute

Liquor I3H

I,

(Source: Amended at 35 III. Reg, , effective --')

Section 229.APPENDIX C Reference Test Methods and Procedures for Performance Tests

The following test methods and procedures shall be used as specified in Section 229.140(e) of

this Part, when conducting any performance test for the purpose of demonstrating compliance

with the emissionsemission limits established under this Pm1.

a) All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of I hour per test

run shall be used unless otherwise indicated. In order to demonstrate compliance

with the emissionsemission limits set forth in Subpat1 E ofthis Part, the arithmetic

average of all 3 performance test runs shall be used,

b) Method I, at 40 CFR 60, incorporated by reference at Section 229.1 04(d) ofthis

Pm, shall be used to select the sampling location and number oftraverse points.

c) Method 2, at 40 CFR 60, shall be used to detennine average gas density, as well

as to measure gas velocity.
66

ill Method 3, 3A, or 38, at 40 CFR 60, shall be used for gas composition analysis,

including measurement of oxygen concentration. Method 3, 3A or 38, at 40 CFR

60, shall be used simultaneously with each ofthe other reference methods, As an

alternative to Method 38, ASME PTC-19-1 O-1981-Part 10 may be used,

Method 3 or 3/\, at 10 CFR 60 shall be used fur gas composition analysis,

including mea3urement ofmlygen concentration, Method 3 or 3/\, at 10 CFR 60

shall be used simultaneously with each refurence method,

e) The pollutant concentrations shall be adjusted to 7 percent oxygen using the

following equation:

C'dj = Cm,a, (20,9-7)/(20,9-%02)

Where:

CadJ pollutant concentration adjusted to 7 percent oxygen;

Cme" = pollutant concentration measured on a dry basis

(20,9-7) 20,9 percent oxygen -7 percent oxygen (defined oxygen

corrective basis);

20.9 = oxygen concentration in air, percent; and

%02 = oxygen concentration measured on a dry basis, percent

Method 5, 26A, or 29, at 40 CFR 60, shall be used to measure PM emissions, As

an alternative, a PM CEMS may be used in determining compliance with PM

emissions using a 12-hour rolling average, calculated each hour as the average of

the previous 12 operating hours,

Method 5 or 29, at 10 CFR 60 shall be used to measlire particlilate matter

emiSSiOns,

g} Method 7 or 7E, at 40 CFR 60, shall be used to measure NOx emissions,

hl Method 6 or 6C, at 40 CFR 60, shall be used to measure SO, emissions.

ig) Method 9, at 40 CFR 60, shall be used to measure stack opacity, As an

alternative, the use of a bag leak detection system or a PM CEMS to demonstrate

compliance with the PM standards is considered demonstrative of compliance

with the opacity requirements.
67

jfi) Method 10 or IDB, 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 CrR 60 shall be used to measure fugitive ash emissions,

1+) Method 23, at 40 CFR 60, shall be used to measure total dioxin/luran 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 dioxin/lhran emissions. The minimum sample

time for Method 23 sampling shall be 4 hours per test run. Ifthe affected facility

has selected the TEQ for dioxin/furans (set out in Appendix A ofthis Part), as

provided under Section 229.125(-9} or 229.126(-9} of this Part, whichever is

applicable, the following procedures shall be used to determine compliance:

1) Measure the concentration of each dioxin/furan tetra-through-octacongener emitted using Method 23;

2) For each dioxin/furan congener measured in accordance with subsection

(i)( I) ofthis Section, multiply the congener conccntration by its

corresponding TEQ factor specified in Appendix A ofthis Part; and

3) Sum the products calculated in accordance with subsection (i)(2) ofthis

Section to obtain the total concentration of dioxin/furans emitted in terms

ofTEQ.

!ill) Method 26 or 26A, at 40 CFR 60, shall be used to measure HCI emissions. As an

alternative, an HCI CEMS may be used to measure HCI emissions. Before

January I, 2014, if tf the affected facility has selected the percentage reduction

standard for HCI as provided under Section 229. I25!JU(-9} or 229, I26!JU(-9} ofthis

Part, whichever is applicable, the percentage reduction in HCI emissions (%R1iCl)

is computed using the following formula:

Where:

Ei

= percentage reduction of HCI emissions achieved;

= HCI emissions concentration measured at the control

device inlet, corrected to 7 percent oxygen (dry

basis); and

= HCI emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis).
68

12k) 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 mav be used to measure Pb, Cd, and Hg

emissions: or the facilitv may elect to sample I-!g by installing, calibrating,

maintaining, and operating a continuous automated sampling system for

monitoring Hg emissions. Before January I, 2014, if!f.the affected facility has

selected the percentage reduction standards for metals as provided in Section

229.125li0. 8'ri or 229.126li0. 8'ri ofthis Part, whichever is applicable, the

percentage reduction in emissions (%Rmeto1l is computed using the following

fOlmula:

(%Rmctol)=«E;-Eo)/E;)x 100

Where:

%RMETAL = percentage reduction ofmetal emissions (Pb, Cd,

or I-!g) achieved;

E; = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, con'ected to 7

percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg)

measured at tbe control device outlet, corrected to

7 percent oxygen (dry basis).

(Source: Amended at 35 IlL Reg, "effective ---')

IT IS SO ORDERED.

I, John Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on September 22, 20 II, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
~;A IEPA /irTACHMENT NO, -

JESSE WHITE· Secretary of State

OFFICE OF THE SECRETARY OF STATE -----

October 7, 2011

POLLUTION CONTROL BOARD

JOHN THERRIAULT ASSISTANT CLERK

100 W RANDOLPH ST, STE 11-500

CHICAGO, IL 60601

Dear JOHN THERRIAULT ASSISTANT CLERK

Your rules Listed below met our codification standards and have been published in Volume 35,

Issue 42 of the Illinois Register, dated 10/14/201 L

ADOPTED RULES

Nitrogen Oxides Emissions

35 III, Adm, Code 217

Point ofContact: Nancy Miller

Hospital/Medical/Infectious Waste Incinerators

35 Ill, Adm, Code 229

Point ofContact: Nancy Miller

PROPOSED RULES

Underground Storage Tanks

35 IlL Adm, Code 731

Point of Contact: Nancy Miller

16600

16615

16183

Petroleum Underground Storage Tanks (Releases Reported September 23, 1994 through June 23, 2002)

(Repealer)

35 III, Adm, Codc 732 16191

Point of Contact Nancy Miller

Petroleum Underground Storage Tanks (Releases Reported On or After June 24, 2002)

35 III, Adm, Code 734 16338

Point ofContact: Nancy Miller

If you have any questions, you may contact the Administrative Code Division at

(217) 782 - 7017,

Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

I) Heading ofthe Part: HospitallMedicallInfectious Waste Incinerators

2) Code Citation: 35 Ill. Adm. Code 229

!

\~ 1') ~,

3) Section Numbers:

229.1 00

229.102

229.104

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.APPENDIX C

Adopted Action:

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Repeal

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

FU1;CE8VEIO

ClERK'$i)FFICE

OCrt 4 LUll

STATE OF Ilj,.INOI8 Pollution ContrO!Boam

4) StatutorY Authority: Implementing and authorized by Sections 10,27, and 28 ofthe

Environmental Protection Act [415 ILCS 5/10,27,28, and 28.5].

Does this rulemaking contain an automatic repeal date? No

5)

6)

Effective Date ofAmendments: SEP 2 9 2011

RECEIVED

SEP 29 2011

80S-CODE DtY.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

7) Do these amendments contain incorporations by reference? Yes. See Section 229.104,

listing all incorporations by reference.

8) A copy ofthe adopted amendments~incIuding any material incorporated by reference, is

on file in the Board's Chicago office at the James R. Thompson Center, 100 W.

Randolph, Suite 11-500, and is available there for public inspection.

9) Notice of Proposal Published in Illinois Register: 35 Ill. Reg. 10224; July 1, 2011

10) Has JCAR issued a Statement of Objections to these amendments? No

11) Differences between proposal and final version: In addition to nonsubstantive

changes made at Second Notice the following changes were made:

1. In Section 229.102, in the definition of "Minimum secondary chamber

temperature", delete "and" before "dioxin/furan," and insert it before

"applicable".

2. In Section 229.116(a)(2) and (b), insert "(a)(l) or" after "Section 229.110".

3. In Section 229.1 16(b), change "Sections" to "Section" and "and" to "or".

3. In Section 229.1 42(b)(1), replace "(a)(2)(B)(v) after "229.115" with

("(b)(2(B)(v)".

4. In Section 229.152(2) replace "Appendices" with "appendices".

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements letter issued by JCAR? Yes

13) Will these amendments replace emergency amendments currently in effect? No

14) Are there any amendments pending on this Part? No

15) Summary and Purpose ofAmendments:

A lengthier description ofthis rulemaking is contained in the Board's final opinion and

order in Amendments to 35 Ill. Adm. Code Part 229: Hospital/Medical/Infectious Waste

Incinerators (HM1Wll, Rll-20 (September 22, 2011). The adopted rules are based on a
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

proposal filed December 23,2011 by the Illinois Environmental Protection Agency

(IEPA). They reflect amendments adopted by the United States Environmental

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

source performance standards and emissions guidelines.

The proposed rules are more stringent than existing rules, and have a January 1, 2014

compliance date. The !EPA reports Illinois currently has only one HMIWI facility to

which the new rules would apply: the Stericycle, Inc. facility located in Clinton, DeWitt

County. The Board has held a hearing on the proposed rules on June 8, 2011. Stericycle

testified that it believed it could come into compliance by the various interim dates set in

the rules.

If Illinois does not adopt rules as state law, USEPA will act instead. USEPA adopted its

"Standards ofPerformance for New Stationary Sources and Emissions Guidelines for

Existing Sources: HospitaVMedicallInfectious Waste Incinerators" at 74 Fed. Reg.

51368 (Oct. 6, 2009). Section I29(b)(3) ofthe federal Clean Air Act (CAA), 42

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

two years of federal rule promulgation ofrules Le. by October 6, 20 II, unless the states

adopt an approvable State Implementation Plan (SIP) revision eontaining the new

incinerator rules..

16) Information and qucstions regarding these adopted amendments shall be directed to:

Kathleen Crowley

Illinois Pollution Control Board

100 W. Randolph 11-500

Chicago,IL 60601

312-814-6929

Copies ofthe Board's opinions and orders may be requested from the Clerk ofthe Board

at the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket

number RII-20 in your request. The Board order is also available from the Board's Web

site (www.ipcb.state.il.us).

The full text ofthe Adopted Amendments begins on the next page:
Section

229.IOO

229.102

229.I04

Section

229.110

229.112

Section

229.115

229.116

Section

229.120

Section

229.125

229.126

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITAnONS

FOR STATIONARY SOURCES

PART 229

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS

SUBPART A: GENERAL PROVISIONS

Abbreviations

Definitions

Incorporations by Reference

SUBPART B: APPLICABILITY

General Applicability

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Compliance Schedules for HMIWIs That Will Continue to Operate

Compliance Schedules for HMIWls That Will Shut Down

SUBPART D: CAAPP PERMIT REQUIREMENTS

CAAPP Pennit Requirements

SUBPART E: EMISSIONSEMISSION LIMITS

EmissionsEmission Limits for Small, Medium, and Large HMIWls

EmissionsEmission Limits for Rural HMIWIs

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Section

229.130 Operation During Periods of Startup, Shutdown, or Malfunction (Repealed)

SUBPART G: METHODS AND PROCEDURES FOR PERFORLVlANCE 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 Perfonnance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Perfonnance Testing and Establishment ofOperating Parameters for All

HMIWls

Subsequent Performance Testing for All HMIWls

Annual Testing for Opacity

Annual Per[onnance Testing [or AIISmall, Medium and Large HMIWls

Compliance with Operating Parameter Values

Compliance Requirements for HMIWls Using CEMS

Violations by HMIWls Equipped with a Dry Scrubber Followed by a Fabric Filter

Violations by HMIWls Equipped with a Wet Scrubber

Violations by HMIWls Equipped with a Dry SClubber Followed by a Fabric Filter

and a Wet SClUbber

Compliance Requirements for Rural HMIWls

Inspection Requirements for AllRmat HMIWls

Optional Perfonnance Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for AIISmall, Medium, and Large HMIWls

Monitoring Requirements for Rural HMIWls

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Operator Training and QuaJification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWIs

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

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 AccOj"lting Waste

Generated Off Site

Waste Management Plan Requirements for Other HMIWIs

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Recordkeeping Requirements

Reporting Requirements

229.APPENDIX A

229.APPENDIX B

229.APPENDIX C

Toxic Equivalency (TEQ) Factors

Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Reference Test Methods and Procedures for Perfonnance Tests

AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe

Environmental Protection Act [415 ILCS 5110,27,39 and 39.5].

SOURCE: Adopted at 23 Ill. Reg. 6477, effective May 15, 1999; amended in R11-20 at 35 Ill.

Reg. , effective _

SUBPART A: GENERAL PROVISIONS

Section 229.100 Abbreviations

The following abbreviations have been used in this P~:

Act

Agency

Board

Btu

CAAPP

CEMS

CO

Cd

Illinois Environmental Protection Act [415 ILCS 5J

Illinois Environmental Protection Agency

Illinois Pollution Control Board

British thennal units

Clean Air Act Pennit Program [415 ILCS 5/39.5]

Continuous Emissions Monitoring System

carbon monoxide

cadmium
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

El&€f

tls€ffi

fI:l

grII03 dscf

grlI 09 dscf

grIdscf

HCI

Hg

HMIWI

hr

Ib(s)

mg/dscm

mg

ng/dscm

NO,

Pb

PM

ppmv

S02

TEQ

USEPA

dry standard cubic foot

dry standard cubic meter

cubic foet

grains per thousand dry standard cubic feet

grains per billion dry standard cubic feet

grains per dry standard cubic foot

hydrogen chloride

mercury

hospital/medical/infectious waste incinerator

hour

pound(s)

milligrams per dry standard cubic meter

milligrams

nanograms per dry standard cubic meter

Nitrogen Oxide

lead

particulate matter

parts per million by volume

SuIfur Dioxide

toxic equivalentequivalenoy

United States Environmental Protection Agency

(Source: Amended at 35 Ill. Reg. , effective ~)

Section 229.102 Definitions

The definitions contained in this Section apply only to the provisions ofthis Part. Unless

otherwise defined herein and unless a different meaning of a term is clear from its context, the

definitions ofterms used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35 Ill. Adm. Code 201.l 02 or 35 Ill. Adm. Code 211.

"Bag leak detection system" means an instrument that is capable ofmonitoring

PM loadings in the exhaust of a fabric filter in order to detect bag failures. A bag

leak detection system includes. but is not limited to, an instrument that operates

on triboelectric, lightscattering, light-transmittance, or other effects to monitor

relative PM loadings.

"Batch HMIWI" means an HMIWI that is designed in such a way that neither

waste charging nor ash removal can occur during combustion.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

"Biologicals" means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or

treating humans or animals or in research pertaining thereto.

"Body fluids" means liquid emanating or derived from humans and limited to:

blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and

pericardial fluids; semen and vaginal secretions.

"Bypass stack" means an alternative stack used for discharging combustion gases

to the atmosphere primarily to avoid severe damage to an air pollution control

device or other equipment.

"Charge" means the act 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 or reversing the

growth ofmalignant cells.

"Co-fired combustor" means a unit combusting hospital waste or

medical/infectious waste with other fuels or wastes (e.g., coal, municipal solid

waste) and subject to an enforceable requirement limiting the unit to combusting a

fuel feed stream, of which 10 percent or less ofthe weight is comprised, in

aggregate, of hospital waste and medicallinfectious waste as measured on a

calendar quarter basis. For purposes ofthis definition, pathological waste,

chemotherapeutic waste, and low-level radioactive waste are considered "other"

wastes when calculating the percentage of hospital waste and medical/infectious

waste combusted.

"Commercial HMIWI" means an HMIWI that offers incineration services for

hospital/medical/ infectious waste generated offsite by firms umelated to the firm

that owns the HMIWI.

"Continuous emission monitoring system" or "CEMS" means a monitoring

system for continuously measuring and recording the emissions of a pollutant

from an affected facility.

"Continuous HMIWI" means an HMIWI that is designed to allow waste charging

and ash removal during combustion.

"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method

23, incorporated by reference in Section 229. I04(d) ofthis Subpart.

"Dry scrubber" means an add-on air pollution control system that injects dry

alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react

with and neutralize acid gases in an HMIWI exhaust stream, forming a dry

powder material.

"Fabric filter" means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing flue gas through filter bags.

"Facilities manager" means the individual in charge ofpurchasing, maintaining,

and operating an HMIWI, or the owner's or operator's representative responsible

for the management of an HMIWI. Alternative titles may include director of

facilities or vice president ofsupport services.

"High air phase" means the stage ofthe batch operating cycle when the primary

chamber reaches and maintains maximum operating temperatures.

"Hospital" means any facility that has an organized medical staff, maintaining at

least 6 inpatient beds and where the primary function ofthe facility is to provide

diagnostic and therapeutic patient services and continuous nursing care primarily

to human inpatients who are not relatcd and who stay on average in excess of24

hours per admission. This definition does not include facilities maintained for the

sole purpose ofproviding nursing or convalescent care to human patients who

generally are not acutely ill but who require continuing medical supervision.

"Hospital/medicallinfectious waste incinerator" or "HMIWI" means any device

that combusts any amount of hospital waste or medical/infectious waste.

"Hospital waste" means discards generated at a hospital, except unused items

returned to the manufacturer. The definition of hospital waste does not include

human corpses, remains, or anatomical parts that are intended for interment or

cremation.

"HMIWI operator" means any person who operates, controls, or supervises the

day-to-day operation of an HMIWI.

"Infectious agent" means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable ofcausing disease
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

or adverse health impacts in humans.

"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging,

but not ash removal, during combustion.

"Large HMIWI" means:

An HMIWI whose maximum design waste burning capacity is more than

500 Ibs per hour; or

A continuous or intermittent HMlWI whose maximum charge rate is more

than 500 lbs per hour; or

A batch HMIWI whose maximum charge rate is more than 4,000 lbs per

day.

"Low-level radioactive waste" means waste that contains radioactive nuclides

emitting primarily beta or gamma radiation, or both, in concentrations or

quantities that exceed applicable Federal or State standards for unrestricted

release. Low-level radioactive waste is not high-level radioactive waste, spent

nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954

(42 USC 2014(e)(2)).

"Malfunction" means any sudden, infrequent, and not reasonably preventable

failure of air pollution control equipment, process equipment, or of a process to

operate in a nonnal or usual manner. Failures that are caused, in part, by poor

maintenance or careless operation are not malfunctions.

"Maximum charge rate" means:

For continuous and intermittent HMIWI, I I0 percent ofthe lowest 3-hour

average charge rate measured during the most recent performance test

demonstrating compliance with all applicable emission limits specified in

Subpart E ofthis Part.

For batch HMlWI, 110 percent ofthe lowest daily charge rate measured

during the most recent performance test demonstrating compliance with

all applicable emission limits specified in Subpart E ofthis Pmt.

"Maximum design waste burning capacity" means:
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

For intennittent and continuous HMIWI:

C =PeX15,000

8,500

Where:

C =

Pv =

15,000 =

8,500 =

HMIW1 capacity, Ibihr

primary chamber volume, :ft3

primary chamber heat release rate factor, Btu/:ft3ihr

standard waste heating value, Btu/lb;

For batch HMIWI:

P,x4.5

8

Where:

C

Py

4.5

8

- HMIWI capacity, lbihr

primary chamber volume, :ft3

= waste density factor, Ib/:ft3

typical hours of operation of a batch HMIWI, hours.

"Maximum fabric filter inlet temperature" means I 10 percent ofthe lowest 3-hour

average temperature at the inlet to the fabric filter (taken, at a minimum, once

every minute) rneasured during the most recent perfonna.llce test demonstrating

compliance with the applicable dioxinlfuran emission limit specified in Subpart E

ofthis Part.

"Maximum flue gas temperature" means I 10 percent ofthe lowest 3-hour average

temperature at the outlet from the wet scmbber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating

compliance with the applicable Hg emission limit specified in Subpart E ofthis

Part.

"MedicaVinfectious waste" means any waste generated in the diagnosis,

treatment, or immunization of human beings or animals, in research pertaining

thereto, or in the production or testing of biologicals. The definition of

medical/infectious waste does not include hazardous waste identified or listed
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

under the regulations in 40 CFR 26 I; household waste, as defined in 40 CFR

261.4(b)(1); and domestic sewage materials identified in 40 CFR 261A(a)(1). For

the purposes ofthis Part, medical/infectious waste includes:

Cultures and stocks ofinfectious agents and associated biologicals,

including: vaccines and cultures intended for use in diagnosing,

immunizing, or treating humans or animals; cultures from medical and

pathological laboratories; cultures and stocks ofinfectious agents from

research and industrial laboratories; wastes from the prodnction of

biologicals; and discarded live and attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and

body fluids that are removed during surgery or autopsy, or other medical

procedures, and specimens of body fluids and their containers;

Human blood, any products derived from human blood, or anything that

has been in contact with human blood in any fonn;

Intravenous bags and associated tubing;

Sharps that have been used in animal or human patient care or treatment or

in medical, research, or industrial laboratories, including hypodennic

needles, syringes (with or without the attached needle), pasteur pipettes,

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 of broken or unbroken glassware that has been in contact with

infectious agents;

Animal waste, including contaminated animal carcasses, body parts,

bedding of animals that were known to have been exposed to infectious

agents during research (including research in veterinary hospitals),

production of biologicals or testing of pharmaceuticals;

Isolation wastes, including biological waste and discarded materials

contaminated with blood, excretions, exudates, or secretions from humans

who are isolated to protect others from highly communicable diseases, or

isolated animals known to be infected with highly communicable diseases;
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

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 Ibs per hour but less than or equal to 500 Ibs per hour; or

A continuous or intennittent HMIWI whose maximum charge rate, as set

by peilliit, is more than 200 lbs per hour but less than or equal to 500 Ibs

per hour; or

A batch HMIWI whose maximum charge rate, as set by permit, is more

than 1,600 lbs per day but less than or equal to 4,000 Ibs per day.

"Minimum dioxin/furan sorbent flow rate" means 90 percent ofthe highest 3-hour

average dioxinlfuran sorbent flow rate (taken, at a minimum, once every hour)

measured during the most recent performance test demonstrating compliance with

the applicable dioxinlfuran emission limit specified in Subpart E ofthis Part.

"Minimum Hg sorbent flow rate" means 90 percent ofthe highest 3-hour average

Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the

most recent performance test demonstrating compliance with the applicable Hg

emission limit specified in Subpart E ofthis Part.

"Minimum HCI sorbent flow rate" means 90 pereent ofthe highest 3-hour average

HCl sorbent flow rate (taken, at a minimum, once every hour) measured during

the most recent performance test demonstrating compliance with the applicable

HCI emission limit specified in Subpart E ofthis Part.

"Minimum horsepower" or "minimum amperage" means 90 percent ofthe highest

3-hour average horsepower or amperage to the wet scrubber (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating complianee with the applicable emission limits specified in

Subpart E ofthis Part.

"Minimum pressure drop across the wet scrubber" means 90 percent ofthe

highest 3-hour average pressure drop across the wet scrubber PM control device
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(taken, at a minimum, once every minute) measured during the most recent

performance test demonstrating compliance with the applicable PM emission

limit specified in this Subpart E ofthis Part.

"Minimum reagent flow rate" means 90 percent ofthe highest 3-hour average

reagent flow rate at the inlet to the selective noncatalytic reduction technology

(taken, at a minimum, once every minute) measured during the most recent

performance test demonstrating compliance with the applicable NO, emissions

limit specified in Subpart E ofthis Part.

"Minimum scrubber liquor flow rate" means 90 percent ofthe highest 3-hour

average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum,

once every minute) measured during the most recent performance test

demonstrating compliance with the applicable emission limits specified in

Subpart E ofthis Part.

"Minimum scrubber liquor pH" means 90 percent ofthe highest 3-hour average

liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating

compliance with the applicable HCl emission limit specified in Subpart E ofthis

Part.

"Minimum seconda.ry chamber temperature" means 90 percent ofthe highest 3-

hour average secondary chamber temperature (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating

compliance with the PM, CO, dioxin/furan, and applicable NO, emissions limits

specified in Subpart E ofthis Part.

"Operating day" means a 24-hour period between 12:00 midnight and the

following midnight during which any amount of hospital waste or

medical/infectious waste is combusted at any time in an HMIWI.

"Operation" means any period during which waste is combusted in an HMIWI,

excluding periods ofstartup or shutdown.

"Pathological waste" means waste material consisting of only human or animal

remains, anatomical parts, tissue, and the bags or containers used to collect and

transport the waste material and associated animal bedding, if applicable.
___________~I""L"'L""IN_'_'jO~IS R,"'E"'G""I""ST2cE""R"- _

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"Primary chamber" means the chamber in an HMIWI that receives waste material,

in which the waste is ignited, and from which ash is removed.

"Rural HMIWI" means any HMIWI identified in Section 229.110(a) ofthis Part,

that is located more than 50 miles from the boundary ofthe nearest Standard

Metropolitan Statistical Area, as defined in OMB Bulletin No. 93-17,

incorporated by reference at Section 229.104(b) ofthis Part, meets the criteria

specified in the detInition of "small HMIWI" and burns less than 2,000 Ibs per

week of hospital waste and medical/infectious waste (except the 2,000 Ibs per

week limitation does not apply dwing perfonnanee testing).

"Secondary chamber" means that component of an HMIWI that receives

combustion gases from the primary chamber and in which the combustion process

is completed.

"Shutdown" mcans the period oftime after all waste has bccn combusted in the

primary chamber.

"Small HMIWI" means:

An HMIWI whose maximum design waste burning capacity is less than or

equal to 200 lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set

by pennit, is less than or equal to 200 Ibs per hour; or

A batch HMIWI whose maximum charge rate, as set by pennit, is less

than or equal to 1,600 lbs per day.

"Startup" means the period oftime between the activation ofan HMIWI and the

first charge of waste to the unit. For batch HMIWI, startup means the period of

time between activation of an HMIWI and ignition ofthe waste.

"Wet sCn/bber" means an add-on air pollution control device that utilizes either an

alkaline or some other type ofscrubbing liquor to collect pollutants and/or

neutralize acid gases.

(Source: Amended at 35 IlL Reg. , effective )

Section 229.104 Incorporations by Reference
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POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

The following materials are incorporated in this Part by reference, These incorporations by

reference do not include any later amendments or editions,

a) "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities,"

American Society for Healthcare Environmental Services, 840 North Lake Shore

Drive, Chicago, Illinois, 60611 (1993),

b) "Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No, 93-

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

of Management and Budget. National Technical Infonnation Services, 5285 Port

Roval Road, Springfield, VA 22161. (703) 487-4600.

c) 40 CFR 60.8.

d) 40 CFR 60, appendixAppendix A, Methods 1,2,3, 3A, 5, 9,10, lOB, 23, 26,

26A,29.

e) 40 CFR 60, appendicesAppondices B and F.

fl 40 CFR appendix A, Methods 3B, 6, 6C, 7, 7E, 22 (2010).

g} 40 CFR 60, subpart Co and Ec (2010).

h} ANSl/ASME PTC19.1 0-1981, Flue and Gas Analyses [Part 10. Instruments and

Apparatus]. American National Standards Institute (ANS]), Attn: Customer

Service Department. 25 West 43'd Street, 4th Floor, New York, NY 10036. (212)

642-4980.

il ASTM D6784-02, Standard Test Method for ElementaL Oxidized, Particle-Bound

and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources

(Ontario Hydro Method). American Society for Testing and Materials (ASTM),

100 Barr Harbor Drive, PO Box C70, West Conshohocken, PA 19428-2959.

(610) 832-9585.

il "Fabric Filter Bag Leak Detection Guidance", U.S. Environmental Protection

Agency. (EPA-454/R-98-015, September 1997). Superintendent ofDocuments,

U.S. Govenunent Printing Office (GPO), P979050, St. Louis, MO 63197-9000.

(Source: Amended at 35 Ill. Reg. , effective --'
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SUBPART B: APPLICABILITY

Section 229.110 General Applicability

a) Except as provided for in subsections (b). (c). (d) and (e) ofthis Section and

Section 229.112 ofthis Subpart. this Part applies to all HMIWls for which:

11 Construction commenced either on or before June 20. 1996. or

modification was commenced either on or before March 16. 1998: or

Il Construction commenced either after June 20. 1996 but no later than

December I. 2008. or for which modification is commenced after March

16.1998 but no later than April 6. 2010.This Part 8fl13lies 10 all HMIWls

fur which construction commenced either on or befure lellle 20, 1996,

el[CGjJI as provided fur in soosections (0), (c), (d) and (e) o[this Seolion

and Section )29.1 j? of this SBopart.

b) An HMIWI otherwise subject to the emission limits in this Part is only subject to

the recordkeeping requirements set forth in Section 229. I 82(b), (f) and (g) ofthis

Part during those periods when it combusts only pathological waste, low-level

radioactive waste, or chemotherapeutic waste, provided the owner or operator of

the HMIWI notifies the Agency ofits intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.1 l5(b)(1), Subpart D ofthis Part, or Section 39.5 ofthe Act.

c) An HMIWI that combusts only pathological waste, low-level radioactive waste,

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in SectionSections 229. I82(c), (f) and (g) ofthis Part provided that the

owner or operator of an HMIWI provides, by December IS, 1999, both the

Agency and the USEPA with a written certification ofits status as an HMIWI

burning only the wastes listed in this subsection.

d) A co-fired combustor is subject only to the recordkeeping requirements set forth

in SectionSeclions 229. I82(d), (f) and (g) ofthi8 Part, provided that the owner or

operator ofthe combustor is subject to a pennit condition limiting its fuel feed

stream to co-fired combustor status, provides, by December IS, 1999, both the

Agency and USEPA with a written certification ofits status as a co-fired

combustor, including an estimate ofthe relative weight of hospital waste,

medicallinfectious waste, and other fuels and/or waste combusted at the facility.
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e) Any hospital that does not operate an HMIWI but that sends any ofits hospital

waste or medical/infectious waste to an oft~site HMIW1 is subject only to the

waste management plan provisions set forth at Section 229.178 ofthis Part.

Before January L 7014. each owner or operator of an HMIWI as defined in

subsection (a)(l) ofthis Section, subject to the emissions limits under Section

229.125(a) or Section 229.1 76(a), shall eomply with all the applieable provisions

of this Part.

On and after January I, 2014, an HMIWI as defined in subsection (a)(l) ofthis

Section is no longer subjeet to the emissions limits under Seetion 229.125(a) or

Section 229.126(a) ofthis Part, but is subject to the emissions limits under

Section 229.l25(c) or Section 229.126(c), and shall comply with all the applicable

provisions ofthis Part.

h.l On and after January L 2014, each owner and operator of an HMIWI as defined

in subsection (a)(2) ofthis Section is no longer subjeet to the provisions under

New Source Perfonnance Standards for Hospital/Medical/Infectious Waste

Incinerators (40 CFR 60, subpart Ec), 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 ~)

Section 229.112 Exemptions

Notwithstanding other provisions ofthis Part, the following emission units are exempt from the

requirements ofthis Part:

a) Any combustor required to have a pennit under Seetion 3005 ofthe Solid Waste

Disposal Act, 42 USC~ 6925;

b) Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR 60;

c) Any pyrolysis unit (i.e" a unit that uses endothennic gasification to treat hospital

waste or medical/infectious waste in order to render such waste harmless);

d) Any eement kiln firing hospital waste or medical/infectious waste; or
___________-'I""L~LI,NOIS REGISTER

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Any HMIWI that meets the applicability provisions for Standards of Performance

for Hospital/Medical/Infectious Waste Incinerators under subpart Ec of 40 CFR

60,

Any HMIWI subject to the Standards &fPerfOrmance10r

H$spitaL~~.1etlica!/Il1fectious W~ste Incineraters for FVhieh Cetlst;'uc#ell is

CeI1l,'ncnced AFter June lQ, 19915, contained in Subpart Ec of 40 CFR 60,50c.

(Source: Amended at 35 Ill. Reg. , effective ~)

SUBPART C: COMPLIANCE SCHEDULES

Section 229.115 Compliance Schedules for HMIWIs That Will Continue to Operate

ill Before January 1, 2014, each owner or operator of an HMIWI as defined in

Section 229.I 1O(a)(]) ofthis Part, subject to the emissions limits under Section

229. I25(a) or Section 229. 126(a) ofthis Part, shall comply with all the applicable

provisions ofthis Part according to the following schedules:

Ia) Except as provided in subsection l1ll{2}EB1 ofthis Section and unless

another date is specified in the provisions ofthis Part, all owners or

operators ofHMIWls shall be in compliance with all ofthe provisions of

this Part by September 15,2000.

28) Except as provided in subsection {illillf€1of this Section, the owner or

operator of an HMIWI may have up to September 15, 2002, to come into

compliance with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWI shall:

A.J.) Submit its CAAPP application to the Agency, on or before

November 15, 1999, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) ofthe Act, [415 ILCS 5/39.5(5)(d)].

This compliance schedule shall include documentation supporting

the need for an extension, a final control plan for the HMIWI and

incremental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments ofprogress specified in

subsection (a)(2)CB)~ ofthis Section;

1l:6) Meet the following increments ofprogress by the dates indicated:
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iA) Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by February 29,2000;

riB) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by August 31, 2001;

ivf}) Perform initial startup ofthe retrofitted HMIWI by January

15,2002; and

~B) Complete the initial perfonnance test in accordance with

Section 229.142 ofthis Part within 180 days after initial

startup.

le) Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by September 15, 2002, shall cease operation ofthe HMIWI

until compliance with the provisions ofthis Part is achieved.

±E1) Notwithstanding subsection!JJ.lWfl7} ofthis Section, all owners or

operators ofHMIWls shall be in full compliance with all ofthe HMIWI

operator provisions of Subpart J ofthis Part by September 15,2000.

ill On and after January L 2014, each owner or operator of an HMIWI, as defined in

Section 229.11 O(a)(l) or (a)(?) ofthis Part, and subject to the emissions limits

under Section 229.125(cI ofthis Part as applicable, or Section ?29.126(cl ofthis

Part, shall compl~ with the applicable provisions ofthis Part according to the

following schedules:

D. Except as provided in subsection (b)(2) ofthis Section and unless another

date is specified in the provisions ofthis Part, all owners or operators of

HMIWls shall comply with all ofthe provisions ofthis Part by January 1,

2014.
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21 Except as provided in subsection (b)(4) ofthis Scction. the owner or

operator of an HMIWI mav have until October 6.2014 to come into

compliance with the emissions limits undcr Section 229 .125(c) or

229.1 )6(c) ofthis Part. To avail itself of this extended compliance

timeframe. the owner or operator of an HMIW1 shall:

A) Submit its CAAPP application and constmction penl1it to the

Agency, on or before Januarv L 2012. requesting an extended

compliance schedule, pursuant to Section 39.5(5)(d) ofthe Act

[415 ILCS 5/39.5(5)(d)]. This compliance schedule shall include

documentation supporting the need for an extension, a final control

plan for the HMIWI and incremental steps to be taken toward

compliance with this Part that, at a minimum, meet the increments

of progress specified in subsection (b)(2)(B) ofthis Section;

ill Meet the following increments of progress by the dates indicated:

j} Finalize all contracts for the purchase ofpollution control

equipment. process modification or control svstems by

August I, 2012;

ill Commence the implementation of eithcr the process

modifications or the necessary constmction or installation

of air pollution control dcvices for the HMIWI by March I,

2013;

!ill. Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by September 1. 2013;

ill Achievc final compliance. which includcs incorporating all

process changes and/or completing retmfit construction as

described in the final control plan, cOlmecting the air

pollution control equipment or process changes so that the

unit is bmught on line. and ensuring that all necessary

process changes and air pollution control equipment are

operating pmperly. no later than June 1. 2014;

.I'l Complete the initial perfoD11ance test in accordance with

Section 229.142 ofthis Part no later than October 6. 2014;
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Yi! Submit the results ofthe initial perfonnance test and

revised waste management plan to the Agency no later than

60 days following the initial perfonnance test; and

vii) Submit notification to the Agency within 10 business days

after completing (or failing to complete by the applicable

date) each ofthe increments of progress specified in

subsection (b)(2)(B) ofthis Section. The notification must

be signed by the owner's or operator's representative

responsible for the management ofthe HMIWl.

;u If a petition for compliance extension is granted, the owner or operator of

an HMlWL as defined in Section 229.11 O(a)(l) or (a)(2), must continue to

comply with the provisions ofits current CAAPP permit during the

interim,

:u Any owner or operator of an HMlWI that fails to demonstrate compliance

with this Part by October 6, 2014 shall cease operation ofthe HMIWI until

compliance with the provisions ofthis Part is achieved.

21 Notwithstanding subsection (b)(2) ofthis Seetion, all owners or operators

ofHMlWls shall be in full compliance with all ofthe HMIWI operator

provisions of Subpart J oftbis Part before January I, 2014,

(Source: Amended at 35 III. Reg. "effective ~)

Section 229.116 Compliance Schedules for HMIWls That Will Shut Down

All owners or operators of HMlWls that intend to permanently shut down their HMlWI as a

means of complying with this Part shall:

!1l Provide the Agency with written notice oftheir intention to pennanently shut

down their HMIWL as follows:

D On or before November 15, 1999, for an HMlWI as defined in Section

229.11 O(a)(l) ofthis Part, subject to the emissions limits under Section

229.125(a) or Section 229. 126(a) ofthis Part:
ILLINOIS REGISTER

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Il On or before Januarv 1, 2013, except as provided for in Section

229.1 16(c), for an HMIWI as defined in Section 229.110(3)(1) or (a)(2) of

this Part, subject to the emissions limits under Section 229.125(c). as

applicable, or Section 229.1 ?6(c) of this Part.

J2l Take the following affm11ative steps to demonstrate that the HMIWI has been

rendered permanently inoperable by September 15. 2000, for an HMIWI as

defined in Section 229.1 10(a)(1). orbv January 1, 2014 for an HMIWI as defined

in Section 229.11 O(a)(I) or (a)(2) ofthis Part:

Provide the ,'<geney with written notioe of their intention to permanently shut

down their HMIWI on or before November 15, 1999; and

Talce the follQ';ving affinnative stejls to demonstrate that the 1-1MIWI has been

rendered jlennanently inoperable by SCjltember 15, 2000:

1) Weld the primary chamber door shut;

2) Dismantle the HMlWl; or

3) Other means that reasonably demonstrate that the HMlWI is no longer

functional.

£1 Except as provided in subsection (c)(5) ofthis Section, owners or operators may

have up to October 6. 2014 to shut down their HMlWIs to avoid being subject to

compliance with the emissions limits under Section 229.125(c) or 229.126(c). To

avail themselves ofthis extended compliance timeframe, the owner or operator of

an HMlWI shall:

D Submit its application to the Agency by July I, 2013 requesting an

extended compliance schedule, pursuant to Section 39.5(5)(d) ofthe Act

[415 ILCS 5/39.5(5)(d)J. This compliance schedule shall include

documentation ofthe analysis undertaken to support the need for an

extension. including an explanation ofwhy the timeframe up to October 6.

2014 is sufficient while the timeframe up to January L 2014 is not

sufficient. and incremental steps to be taken toward compliance with

applicable requirements ofthis Part.

2l If an onsite alternative waste treatment technology is needed to be

installed before the HMIWI is shut down, an application for compliance
ILLINOIS REGISTER

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extension shall inclnde the following elements ofincrements of progress

and completion date for each step of progress:

A.l Finalize contract with an altemative waste treatment technology

vendor:

.ill. Initiate onsite construction or installation of alternative waste

treatment technology;

9 Complete onsite construction or installation of alternative waste

treatment technology; and

ill Take the steps described under subsection (b) ofthis Section to

demonstrate that the HMIWI has been rendered permanently

inoperable.

.l} If an onsite alternative waste treatment teclmology is not needed to be

installed before an HMIWI is shut down, an application for compliance

extension shall include a plan for shut down. The plan for shut down shall

include steps described under subsection (b) ofthis Section to demonstrate

that the HMIWI has been rendered permanently inoperable.

:u If a petition for compliance extension is f!ranted. the owner or operator of

an HMIWI, as defined in Section 229.1 IO(a)(]) or (a)(2), must continue to

comply with the provisions ofits current CAAPP permit during the

interim.

il Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part by October 6,2014 shall cease operation ofthe HMIWI until

compliance with the provisions ofthis Part is achieved.

§l Notwithstanding subsection (c)(]) ofthis Section, all owners or operators

ofHMIWls shall be in full compliance with all onlle HMIWI operator

provisions ofSubpartJ ofthis Part by January I, 2014.

(Source; Amended at 35 Ill. Reg. __-" effective )

SUBPART D: CAAPP PERMIT REQUIREMENTS

Section 229,120 CAAPP Permit Requirements
ILLINOIS REGIST."'E"'R _

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NOTICE OF ADOPTED AMENDMENTS

ill All HMIWls subject to the emissions limits in this Part shall operate pursuant to a

CAAPP permit, as follows:

l} By September 15, 2000, for an HMIWI as defined in Section

229.1 10(a)(l) ofthis Part; and

£1 By January I, 20 I4, for an HMIWI as defined in Section 229. I lO(a)(]) or

(a)(2) ofthis Part.

Ql For any HMIWI subject to the emission limits in this Part that is first required to

obtain a CAAPP pennit because it is subject to the emission limits in this Part, the

owner or operator shall submit a complete application for a CAAPP permit, as

follows:

l} By September 15, 2000, except as provided tor in Section

229.115(a)(2)(A) ofthis Part, for an HMIWI as defined in Section 229.110

(a)(l) ofthis Part; or

£1 By January 1, 2014, except as provided for in Section 229.115(b)(2)(A) of

this Part, for an HMIWI as defined in Section 229.l10(a)(]) or (a)(2) of

this Part.

All HMIWls suBject to tne emissions limits in tnis Part shall operate pmsuant to a

CAl\PP permit By Septern1ler 15, 2000.

For any HMPNI sHbj ect to the emission limits in this Part that is first required to

oBtain a c,V\cPP permit Because it is suBject to the emission limits in this Paft.;4hB

owner or operator shall suamit a complete application fur a CldWP permit ay

SeptcmBer 15, 2000, eRcept as provided fur in Section 229.1 15(a)(I) ofthis Part.

c) Upon submittal of a timely and complete CAAPP application, the owner or

operator of an HMIWI shall not be in violation ofthe requirement, specified in

subsection (a) ofthis Section, to have a CAAPP permit, to the extent provided in

Section 39.5(5)(h) ofthe Act [415 ILCS 5/39.5(5)(h)].

d) For any HMIWI that currently has a CAAPP pemlit, the following conditions

apply;

I) Iftl1e CAAPP pennit has 3 or more years remaining on the permit term,
ILLINOIS REGISTER

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the owner or operator of an HMIWI shall apply for revision to the CAAPP

pem1it to ineorporate the applicable requirements ofthis Part, as follows:

on orbefore1>lovembor 15,1999; or

ill On or before November 15,1999. for an HMIWI as defined in

Section 229.1 IO(a)(1) ofthis PaJi; and

m On or before January I, 2013, for an HMlWI as defined in Seetion

229.110 (a)(1) or (a)(2) ofthis Pm; or

2) Ifthe CAAPP pem1it has less thM 3 years remaining on the pennit tem1,

the CAAPP pennit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal ofthe penni\.

(Source: Amended at 35 Ill. Reg. , effective ~)

SUBPART E: EMISSIONSEMISSION LIMITS

Section 229.125 EmissionsEmissisH Limits for Small, Medium, and Large HMIWls

a1The emission limits in this Section shall apply at all times to HMlWIs identified in Section

229.IIO(a) at all times, except as provided in Section 229.1IO(b) ofthis Part and, Section

229.126 ofthis Subpm and Subpart F ofthis Part.

ill Before Januarv 1, 2014, each owner or operator of a small, medium. or large

HMIWI as defmed in Section 229.110(a)(1) of this Pm shall comply with the

following emissions limits:

lJ:I The emission limits for small, medium, and large HMIWls are as rellews:

Units I HMIWI EMISSIONS LIMITS

Pollutant (7% oxygen, dry ,

basis) Small Medium I Large

Particulate MilligraJnS per dry 115 (0.05) 69 (0.03) 34 (O.oJ5)

matter standard cubic I

meter (mgldscm)

!

(grains per dry

standard cubic ,

foot (grldscD) I I
ILLINOIS REGISTER

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Carbon I Parts per million I 40 40

I

40

monoxide by volume (ppmv) i

. Dioxins/furans Nanograms per I 125 (55) or 125 (55) or 125 (55) or I

dry standard cubic 2,3 ([ ,0) 2,3 (1.0) 2,3 (1.0)

meter total

dioxins/furans

(ng/dscm) (grains I per billion dry

standard cubic feet

(gr/l 09 dsci)) or

ng/dscm TEQ

. (gr/I09 dsc£)

i Hydrogen (ppmv) or percent 100 or 93% 100 or 100 or 93%

chloride reduction 93%

Sulfur dioxide (ppmv) 55 55 55

i Nitrogen (ppmv) 250 250 I 250

oxides I

Lead mgldscm (grains 1.2 (0,52) or 1.2 (0.52) 1.2 (0,52) or

per thousand dry 70% or 70% 70%

standard cubic feet

(gr/lOJ dsci)) or

percent reduction

Cadmium mgldscm (gr/l 0' 0,16 (0.07) or 0.16 (0,07) 0,16 (0,07)

dsc£) or percent 65% or65% or 65%

reduction ,

, Mercury mgldscm (gr/l 0' 0,55 (0.24) or 0,55 (0,24) 0.55 (0,24)

I

dsc£) or percent

i

85% or 85% or 85%

reduction

HMIWI EMISSION LIMITS

, PelI'lHlmt YnHs 8mft-II Medium ba¥ge

(7% oxygen, dry

basis1

PM mgper 115 (0,05) 69 (0,03) 31 (0,015)

dscm(gmins pcr

, dsef1

GG j'lj3ffi¥ 4G 4G 14G

DiOJ[ins/Furans 125 (55) or 125 (55) or
ILLINOIS REGISTER

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Idsem, total 23 (1.0) 2,3 (1.0) 2,3 (1.0) i

, dioxins/furans

(grains Jler billiBn

dsef), or

nanograms Jler

dsem TEQ (grains

" "" .~

HGt JlJlm" or Jlercent , 100 or 93% +OO-er 10001'93%

reduction 9J.% I -

W~

- ¥.> ¥.> ¥.>NG.

- 2§{) 2§{) 2§{)

1213 mg Jler dscm 1.2 (0,52) or r 1.2 (0,52) 1,2 (0,5?) or

(grains Jler +0% or 70% +0%

thousand dscf) or .J,

G4 mg Jler dsem 0, Ie (0.07) or O.le (0.07) o. Ie (0.07)

h;rains Jl er or 65% or 65%

thousand dscf) or I

I

Hg I mg Jler dsem 0.55 (0.24) or 0.55 (0.24) ! 0.55 (0.24)

! (grains Jler or 85% i or 85%

thousand dscf) or ,

Jlercent reduction i

Ql. No owner or operator of a small, medium, or large HMIWI subject to emissions

limits listed under subsection (a) ofthis Section shall cause or allow any

emissions that cause greater than 10 percent opacitv, as measured on a 6-minute

block average, according to Method 9, 40 CFR 60, appendix A, incoDJorated by

reference in Section 229.1 04(d) ofthis Part, from any stack used by an HMIWI.

ill On and after January I, 2014, except as provided for in Section 229.115(b)(3) or

Section 229.1 16(c)(4), as applicable, each owner or operator of a small, medium,

or large HMIWr, as defined in Section 229.llO(a)(l) and (a)(2) ofthis Part, shall

complv with the following emissions limits, as applicable:

No owner or oJlerator of a small, modium, or largo HMNiI shall cause or allow

any omissions that cause greater than 10 l'ereent ol'aeity, as measured on a 6

minute block average, according to Method 9, 40 CFR 60, AJlJlendiJ[ A,

incoFJlorated by reference at Section 2?9.104(d) ofthis Part, from any stack used

by an HMNII.
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

I

I

Units I HMIWI EMISSIONS LIMITS

Pollutant 17% oxygen, dry

basis) Small Medium Large

Particulate Milligrams per dry 66 (0.029) 46 (0.020)' 25 (0.01])

matter standard cubic 34 (0.015)1>

meter (mg/dscm)

(grains per dry I standard cubic I

foot (grldscf))

Carbon I Parts per million 20 5.5 11

monoxide by volume (ppmy) ,

Dioxins/furans 0.85 (0.37) .'c-- Nanograms per 16 17.0) or 9.3 (4.]) or

dry standard cubic 0.013 or 0.020 0.054

meter total (0.0057) CO.0087) (0.024) i

dioxins/fnrans

(ng/dscm) (grains

per billion dry I

standard cubic feet

(grll09 dscf)) or

ng/dscm TEQ

(grll09 dscf)

Hydrogen (ppmy) 44'15" 7.7 6.6

chloride

I Sulfur dioxide (ppmY) 4.2 4.2 9.0

Nitrogen (ppmy) I 190

I

190 I 140 I

oxides !

Lead mg/dscm (grains 0.31 (0.14) 0.018 0.036

per thousand dry (00079) (0.016)

standard cubic feet

(gri 1oj dscf))

mg/dscm (grllO' I

-- Cadmium 0.017 0.013 ! 0.0092

. dscf) (0.0074) (0.0057) (0.0040)

Mercury mg/dscm (grllO' I 0.014 0.025 0.018

dscf) i CO.(061) i (O.Oll) I (0.0079)

, EmIsslOns JrmIts for HMIWIs as defined In SectIon 229.11 O(a)(l) ofthIS Part.

I> Emissions limits for HMIWls as defined in Section 229.11 0(a)(2) ofthis Part.
ILLINOIS REGISTER

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NOTICE OF ADOPTED AMENDMENTS

ill No owner or operator of a small, medium. or large HMIWI subject to emission

limits listed under subsection (c) ofthis Section shall cause or allow any

emissions that cause greater than 6 percent opacity. as measured on a 6-minute

block average. according to Method 9, 40 CFR 60. appendix A, incorporated by

reference at Section 229.1 04(d) ofthis Part, from any stack used by an HMIWL

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

required to be completed under Section 229.142 ofthis Pmt. whichever date

comes first. no owner or operator of an HMIWL as defined in Section 229.110

(a)(l) or (a)(2l ofthis Pm and subject to the emissions limits under subsection (cl

ofthis Section. shall cause to be discharged into the atmosphere visible emissions

of combustion ash from an ash conveying system (including conveyor transfer

points). enclosures of ash conveying systems. buildings, or other sources in excess

of 5 percent ofthe observation period of 9 minutes per 3-hour period, according

to Method 22, 40 CFR 60. appendix A, incorporated by reference in Section

229.1 04(d) ofthis Part, except as provided by the following exclusions:

D Visible emissions discharged inside buildings or enclosures of ash

conveying systems; or

Z2 During maintenance and repair of ash conveying systems. Maintenance

and/or repair shall not exceed 10 operating days per calendar qumer

unless the owner or operator of an HMIWI makes a request to the Agency

in writing for a longer period oftime to complete maintenance and/or

repair. and the Agency approves the owner's or operator's request in

writing.

(Source: Amended at 35 Ill. Reg. , effective )

Section 229.126 EmissionsEmissiaR Limits For Rural HMIWIs

ajNotwithstanding the emissionsemissiofi limits set out in Section 229.125 ofthis Part, any rural

HMIWI shall comply with the emissionsemissiofi limits set out in subsection (a) or (c)W ofthis

Section. The emissionsemissiofi limits under this Section shall apply at all times, except as

provided for in Section 229.11 O(b) and Subpart F ofthis Part.

ill Before January L 2014, a rural HMIWI as defined in Section 229. 1lO(al(l) shall

comply with the following emissions limits:
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

fr) The emission limits for rural HMf\llI are as follows:

I ..- .

Pollutant I EMISSION LIMITS Units

(7% oxygen, dry basis)

Particulate matter mgldscm t 197

(gr/dscD i 10.086)

Carbon monoxide ppmv i 40

Dioxins/furans ngldscm total dioxins/furans 800 (350) or 1516.6)

. (gr/109 dscD or ngldscm TEQ I

(<>Til 09 dscf\ I

Hydrogen chloride ppmv 3100 I --

Sulfur dioxide opmv i 55

Nitrogen oxides ppmv i 250

Lead mgldscm ,

lQ I (gr/103 dscD (4.4)

Cadmium mgldscm :!

1gr/1 03 dscD [Ll} ._- --- Mercury mgldscm 7.5

(91'/1 03 dscf\ ill}

IPalllttllut lJHits EMISSION LIMITS ·-""'0/ , , ,

PM 197 (0.086)

GG 00ffi¥ i4{)

Dioxin/fBrans [nanograms per dsem total . . 800 (3S0) or IS (6.6)

, dtffiHRs/furans (grams per bllhon I

dset), or nanograms per dscm TEQ . .,-";.,,

, HGl 00ffi¥ 3+00

j3flffi¥

.

00, g

00. 00ffi¥ '8{}

Ph fig per dscm (grains per thousand 10 (14)

I Else4)

1

GB mg per dscm (grains per thoBsand 4fh7f I I Else4)

Hg I=er dsem (grains per thoBsand 7.5 (3.3)

I I
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

ill No owner or operator of a rural HMTWI 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 60. appendix A, incorporated by reference at Section

229.104Cd) ofthis Part. from any stack used by an HMTWL

f1 On and after January 1.2014. except as provided for in Section 229.1 15(b)(3) or

Section 229.116(c)(4). as applicable, a rural HMIWI. as defined in Section

229.1 IOCa)(I) or (a)(?) ofthis Part. shall comply with the following emissions

limits:

Pollutant I Units I EMISSION LIMITS I (7% oxygen, dry basis) __ i

Particulate matter mgldscm ! 87

(gr/dscf) (0.038)

. Carbon monoxide ppmv I

I 20

Dioxinslfurans Ingldscm total dioxins/furans 240 (100) or 5.1 (2.2)

(grll 09 dscf) or ngldscm TEO

. (",,/109 dscfl

Hvdrogen chloride ppmv 810

Sulfur dioxide ppmv 55

Nitrogen oxides PPJIl"-. 130

Lead mgldscm 0.50

(""/103 dscfl (0.22)

Cadmium mgldscm 0.I1

(grI103 dscf) I

(0.048)

Mercury mgldscm 0.0051

(cr/103 dscfl (0.0022)

Ql No owner or operator of a rural HMTWI subject to emissions limits listed under

subsection (c) ofthis Section shall cause or allow any emissions that cause greater

than 6 percent opacity. as measured on a 6 minute block average, according to

Method 9. 40 CFR 60, appendix A. incorporated by reference at Section

229.104(d) ofthis Part, from any stack used by an HMTWI.

£1 On and after the date on which the initial perfonnance test is completed or

required to be completed under Section 229.142 ofthis Part, whichever date

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

229.1 10(a)(I) or (a)(2) oftbis Part. subject to the emissions limits under

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

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NOTICE OF ADOPTED AMENDMENTS

visible emissions of combustion ash from ash conveying svstem (including

convevor transfer points), enclosures of ash conveying svstems, buildings, or

other sources in excess of 5 percent of the observation period of 9 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 bv the following

exclusions:

11 Visible emissions discharged inside buildings or enclosures of ash

conveying systems; or

£l During maintenance and repair of ash conveying systems. Maintenance

and/or repair shall not exceed 10 operating days per calendar quarter,

unless the owner or operator of an HMIWI makes a request to the Agencv

in writing for a longer period oftime to complete maintenance and/or

repair, and the Agencv approves the owner's or operator's request in

writing,

No owner or operator of a rural HMI"','I shall cause or allow any emissions that

cause greater than 10 percent opacity, as measured on a 13 minute Block average,

according to Method 9, 10 CFR 130, AppendiK A, incorporated By reference at

Section 229.101(d) ofthis Part, from any stack used By an IIMIWL

(Source: Amended at 35 IlL Reg, , effective -'

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Section 229.130 Operation During Periods of Startup, Shutdown, or Malfunetion

(Repealed)

a1 The emission limits specified in Subpart E ofthis Part do not apply to an HMIWI

during periods ofstartup, shutdewn or malfunction, if the requirements provided

in subsections (B), (c) and (d) of this Section are met.

No waste shall Be charged to an HMIWI during periods ofstartap, shutdown or

malfunction.

The shutdown of any HMIVlI shall proseed according to the fullo'Ning

requirements:

+) For continuous HMIWls, s1J.utdewn-may commence no less than 2 heurs
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

after the last cl:arge to aA HMIWI;

for intefffiittent HMIWls, shutdown may commence no less than 4 hours

after the last charge to an HMPNI; and

For batch HMIWls, shutdown may commence no less than 5 hours after

the high air phase of combustion has been completed.

During periods ofmalfunction, the ov;ner or operator of an HMIWI shall do all of

the following:

B Take all reasonable steps to ensure that an HMIWI operates 'liithin the

parametCTs established R)F that HMIWI and to minimii3e excess emissions;

:t1 Continue monitoring all applicable parameters; and

'B Take apprepriate corrective actions prior to resuming the charging of any

waste to an HMIWI.

(Source: Repealed at 35 Ill. Reg. , effective )

SUBPART H: COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and Establishment of Operating Parameters

for All HMIWIs

ill Before Januarv 1, 2014, each owner or operator of an HMIWI as defined in

Section 229.11 O(a)(]) ofthis Part, subject to the emissions limits under Section

229.125(a) or Section 229. I26(a) ofthis Part, shall comply with the following

requirements:

The OVfflCT or operator ofan HMIWI subject to the emissions limits under this Part shall comply

with the fullowing requirements:

la) Except as provided in Section 229.1 15(a)(2)(B)(v)229.1 15(b)(2)(E) ofthis

Part, conduct an initial performance test on their HMIWI by September

15, 2000~t

Ih) Except as provided in subsection WillW ofthis Section, in the initial

performance test, test for all pollutants limited pursuant to Subpart E of
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

this Partt

,Ie) During the initial perfonnance test, rural HMrwIs are not required to test

for HCI, Pb or Cd,t

'±€I) If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

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

scrubber, or a selective noncatalytic reduction svstem. establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B ofthis Part for the relevant control system during the initial

perfonnance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 of this

PaIt,t

2:e) If air pollution control equipment 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 a selective noncatalytic reduction system is used to

comply with the emission limits under Section 229.125 ofthis PaIt, the

initial perfonnance test may not be conducted until site-specific operating

parameters that will be monitored to demonstrate compliance with this

PaIt have been established by the Agency in a construction pennit and

approved by USEPA.

§.f) For rural HMlWI, establish the maximum charge rate and minimum

secondary chamber temperature as site-specific parameters during the

initial perfonnance test, provided that the perfonnance test demonstrates

that the HMIWI is in compliance with the emission limits specified in

Section 229.126 ofthis PaIt.

Q} On and afterJanuary 1. 2014, each owner or operator of an HMIWI, as defined in

Section 229.1l0(a)(1) or (a)(2) ofthis PaIt, and subject to the emissions limits

under Section 229.l25(c) as applicable. or Section 229. 126(cl of this Part, shall

comply with the following requirements:

12 Except as provided in Section 229.ll5(b)(2)(B)(v) ofthis Part, conduct an

initial perfonnance test on its HMIWI by Januarv 1. 2014.

;n Except as provided for in subsection (b)(6). in the initial perfomlance test,

test for all pollutants to demonstrate compliance with Section 229.l25(c)
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

or Section 229.126(c) emissions limits, as applicable. pursuant to Subpart

E ofthis Part.

}l If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

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

or a selective noncatalvtic reduction system, establish the appropriate

maximum and minimum operating parameter values indicated in

Appendix B ofthis Part for the relevant control system during the initial

performance test, provided that the perfonnance test demonstrates

compliance with the emission limits specified in Section 229.125 or

229.126 ofthis Part.

:!l If an air pollution control device other than a dry scrubber followed by a

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

wet scrubber, or a selective noncatalvtic reduction system is used to

complv with the emission limits under Section 229.125 or Section 229.126

ofthis Part, the initial performance test may not be conducted until sitespecific 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.

il For a rural HMIWI that is not equipped with an air pollution control

device, establish the maximum chare:e 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.

ill The owner or operator of an HMIWI may use results ofprevious

performance tests for initial compliance demonstration with the applicable

emissions limits, provided the following conditions are met:

Al The previous emissions tests were conducted using procedures and

test methods listed in Section 229.140 ofthis Part or USEPAaccepted voluntary consensus standards;

ill The test results are certified as representative of current operations;

and

g The previous emissions tests were conducted no earlier than 1996.
ILUNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

12 The owner or operator of an HMIWI that cannot certify and/or whose

previous perfomnnce test results do not demonstrate compliance with one

or more ofthe revised emission limits must conduct another performance

test for those pollutants.

.[) The owner or operator of an HMIWL as defined in Section 229.11 O(a)(])

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, as applicable,

shall determine compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.125(g) and 229. 126(e) by

conducting an initial performance test using Method 22, at 40 CFR 60,

appendix A, incorporated by reference at Section 729.1 04(d) ofthis Part.

(Source: A.mended at 35 Ill. Reg. , effective ... -'

Section 229,146 Annual Testing for Opacity

Following the date on which the initial performance test is completed, as required by Section

229.142 ofthis Section, the owners or operators of all HMIWIs shall conduct an annual opacity

test, in accordance with Section 229.140 ofthis Part. The opacity test schedules are as follows:,

by SOjltember 15 of each year.

ill By September 15 of each vear for an HMIWI as defined in Section 229.1 !O(a)(])

ofthis Part and subject to the emissions limits under Section 229.125(a) or

Section 229.126(a) ofthis Part; and

Q} By January I of each year for an HMIWL as defined in Section 229.110(a)(]) 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.

(Source: Amended at 35 111. Reg. , effective __._______ J

Section 229,148 Annual Performance Testing for A11Small, Medium and Large HMIWls

Following the date on which the initial performance test is completed, as required by Section

229.142 ofthis Part, each owner or operator of an HMIWL as applicab1e,all owners or operators

ofsmall, medium, or large HMPNIs shall conduct an annual performance test, by September 15

of each year to detennine compliance with the applicable PM, CO and HCl emission limits

specified in Section 229. 125 or 229.126~ ofthis Part, using the applicable test procedures and
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

methods specified in Section 229.140 ofthis Part.

!!l Annual perfonnance test schedules are as follows:

D Before January 1. 2014, each owner or operator of a small, medium. or

large HMIWI as defined in Section 229.11 O(a)(I). subject to the emissions

limits under Section 229. I 25(a) of this Part. shall complete an annual

perfonnance test by September 15 of each year; and

Il On and after January 1. 2014, an owner or operator ofa small. rural,

medium. or large HMIWI, as defined in Section 229. I IO(a)(1) or (a)(2),

subject to the emissions limits under Section 229.l25(c) as applicable. or

in Section 229.126(c) ofthis Part. shall complete an annual perfonnance

test by January I of each year.

J2a) If all 3 annual perfonnance tests over a 3-year period indicate compliance with

the applicable emission limits for PM, CO, or HCl specified in Section 229. I 25B3)

ofthis Part, the owner or operator of an HMIWI may forego a performance test

for that pollutant during the next 2 years. Ifthe next perfonnance test conducted

every third year indicates compliance with the emission limits for PM, CO, or

HCl specified in Section 229. 125B3) ofthis Part, the owner or operator of an

HMIWI may forego a performance test for that pollutant for an additional 2 years

from the date ofthe previous performance test.

fa) If any performance test indicates noncompliance with the respective emission

limit, the owner or operator of an HMIWI shall conduct a perfonnance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with the respective emission limits.

ill The owner or operator of an HMIWI may use any of the 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 emissions limits:

D PM CEMS: replace annual PM testing and opacity testing and monitoring

of pressure drop across the wet scrubber. if apDlicable;

Il CO CEMS: replace annual CO testing and monitoring ofminimum

secondarv chamber temperature;
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

1) HCl CEMS: replace annual HCl testing and monitoring of minimum Hel

sorbent flow rate and minimum scrubber liquor pH.

(Source: Amended at 35 Ill. Reg. , effective -------,

Section 229.150 Compllance with Operating Parameter Values

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

required to be completed underas provided in Section 229.142 of this Subpart

whichever date comes firstFafl, an HMIWI, using a dry scrubber followed by a

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

scrubber to comply with the emission limits ofthis Part, shall not operate above

any ofthe applicable maximum or below any ofthe applicable minimum

operating parametersparameter values specified in Appendix B ofthis Part. All

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

each hour as a 3-hour rolling average ofthe previous 3 operating hours) at all

times, except drning periods ofstartup, shutdown, and malfunction (calculated

each hour as a 3 hour rolling average ofthe previous 3 operating homs). For

batch HMIWIs, fhe charge rate shall be measured on a per batch basis.

ill Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped

with a selective noncatalvtic reduction system, operation ofthe HMIWI above the

maximum charge rate, below the minimum secondary chamber temperature. and

below the minimum reagent flow rate simultaneonsly shall constitnte a violation

ofthe NO, emissions limit

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

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

filter and a wet scrubber to comply with the emission limits under Section

229.125 or Section 229.126 ofthis Part, following the date on which the initial

performance test is completed, as provided in Section 229.142 ofthis Part, an

HMIWI shall not operate above any applicable maximum or below any applicable

minimum operating parameter values established in its CAAPP permit

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

(Source: Amended at 35 Ill. Reg. "effective )

Section 229.152 Compliance Requirements for HMIWIs using CEMS
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229.125 or Section 229.1268'>1 ofthis Part, if provided for in

its permit. Any HMIWI that is allowed to use a GEMS to demonstrate compliance with the

emission limits ofthis Part shall:

ill Any HMrwI that is allowed to use a CEMS to demonstrate compliance with the

emission limits ofthis Part shall:

la) Determine compliance with the applicable emission limits using a 12:hour

rolling average, calculated each hour as the average ofthe previous 12

operating hours, not including startup, shutdown, or malfunction; and

£h) Operate all CEMS in accordance with the applicable procedures under

appendicesAppendices B and F of 40 CFR 60, incorporated by reference

at Section 229. I04(e) ofthis Part.

Ql In the case ofCEMS for which USEPA has not published perfonnance

specifications, the option to use the CEMS takes effect on the date of publication

ofthe perfonnance specifications in the Federal Register or after site-specific

operating parameters used to demonstrate compliance with this Part have been

established by the Agency in a construction pennit and approved by USEPA.

(Source: Amended at 35 Ill. Reg. , effective -.l

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 HMrwI equipped with a dry

scrubber followed by a fabric filter:

a) Simultaneous operation of an HMrwI above the maximum charge rate and below

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

average) shall be a violation ofthe CO emissionsemission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation ofthe dioxin/furan emissionsemission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below
ILLINOIS REGI~TE.~R _

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation of the HCI emissionsemission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorhent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emissionsemission limit;-Bf

e) Use ofthe bypass stack at anv time during operation of an HMIWI(eKcept dHring

startup, shHtdown or malfunction) is a violation ofthe PM, dioxin/furan, HCI, Pb,

Cd and Hg emissionsemission limits~~

If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

g) If a bag leak detection svstem is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and

maintain the fabric filter so that the alann 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;

ill If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour after the bag leak

detection system alarm shall be a violation ofthe opacity emissions limit;

il If a CEMS is used to detelmine compliance with a PM, HCL 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;

D. If a continuous automated sampling svstem is used. operation ofthe HMIWI

above the dioxin/JUran emissions limit as measured by the continuous automated

sampling system shall be a violation onhe dioxin/furan emissions limit; or

kl If a continnous automated sampling system is nsed. operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit.

(Source: Amended at 35 Ill. Reg. , effective --')

Section 229.156 Violations by HMIWIs Equipped with a Wet Scrubber
~~~~~~~~~~ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum pressure drop across the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation ofthe PM emissionscffiissiOfllimit;

b) Simultaneous operation of an HMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emissionsemissiofllimit;

c) Simultaneous operation of an HMIWI above the maximum charge rate, below the

minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hourrolling average) is a violation ofthe

dioxin/furan emissionsemissiofllimit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emissionscffiission limit;

e) Simultaneous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling average)

is a violation ofthe Hg emissionscffiission limit;_

f) Use ofthe bypass stack at any time during operation of an HMIWI(mlCept cluriflg

startup, ShutclOWfl, or ffialfunetion) is a violation ofthe PM, dioxin/furan, HCI, Pb,

Cd and Hg emissionscmission limits;7

If a CO CEMS is used to determine compliance with a CO emissions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

b2 If a CEMS is used to determine compliance with a PM, HCL 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;
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il If a continuous automated sampling system is used. operation ofthe HMIWI

above the dioxin/fiJran emissions limit as measured by the continuous automated

sampling system shall be a violation ofthe dioxin/fiJran emissions limit: or

il If a continuous automated sampling system is used. operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe I-lg emissions limit.

(SoUTce: Amended at 35 Ill. Reg. , effective _

Section 229.158 Violations by HMIWls Equipped with a Dry Scrubbel' Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an I-lMIWI above the maximum charge rate and below

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

average) is a violation ofthe CO emissionsemission limit;

b) Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (each measUTed on a 3-hour rolling average) is a

violation ofthe dioxin/furan emissionsemission limit;

c) Simultaneous operation of an I-lMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hoUT rolling average) is a

violation ofthe HCl emissionsomission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) is

a violation ofthe Hg emissionsemission limit; or

e) Use ofthe bypass stack at any time during operation of an HMIWI(e~lCept during

startup, slmtdown, Of malfunction) is a violation ofthe PM, dioxin/furan, HC1, Pb,

Cd and Hg emissionsemission limits;,

IfCO CEMS is used to detennine 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;
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g) If a bag leak detection system is used, failure to initiate corrective action within

one hour after the bag leak detection system alarm, or failure to operate and

maintain the fabric filter so that the alann 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:

!:!} If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour after the bag leak

detection system almID shall be a violation ofthe opacity emissions limit;

D IfCEMS is used to determine compliance with a PM, HC1, 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;

.il If a continuous automated smnpling svstem is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling svstem shall be a violation ofthe dioxin/furan emissions limit; or

kl If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated smnpling

svstem shall be a violation ofthe Hg emissions limit,

(Source: Amended at 35 Ill. Reg. , effective )

Section 229.160 Compliance Requirements for Rural HMIWIs

1!l Prior to January 1, 2014. the requirements set forth in subsections ec) through (el

ofthis Section shall apply to all rural HMIWIs subject to the emissions limits

under Section 229.126 ofthis Part,

!:!) On and after January 1, 2014, the requirements set forth in subsections (cl through

(el ofthis Section shall apply to all rural HMIWls that are not equipped with an

air pollution control device and that are subject to the emissions limits under

Section 229,126 ofthis Part.

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

required to be completed under Seetion 229,142 ofthis Subpart, whiehever date

comes first, the owners or operators ofrural HMIW1 shall not operate their

HMIWI either above the maximum charge rate or below the minimum secondary
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chamber temperature measured as 3-hour rolling averagesat-aJ.l-ti+1tffi;""*€€J*

during periods ofstartup or shutdown (calculated each hour as a 3 hour rolling the

average ofthe previous 3 operating hours) at all times"

Ql Operating parameter limits do not apply during performance tests"

~e) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation

of a rural HMIWI above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shall

constitute a violation ofthe PM, CO and dioxinlfuran emission limits.

(Source: Amended at 35 Ill. Reg. "_, effective )

Section 229.162 Inspection Requirements for AIIIffifllI HMIWIs

a) Before January 1. 2014. each owner or operator of a rural HMIWI subject to the

emission limits under Section 229.126 ofthis Part shall inspect the HMIWI

according to the following schedule:Bach owner or operator of a rural HMPNI

shall inspect the IIMl\!lI according to the following schedule:

1) An initial inspection shall be conducted by September 15, 2000; and

2) An annual inspection shall be conducted by September 15 of each year

thereafter.

b) Each equipment inspection shall be conducted to ensure the proper operation of

the rura+-HMIWI and, at a minimum, shall consist of the following steps:

I) An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

2) An inspection ofthe primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection ofthe hinges and door latches, lubricating, as necessary;

4) An inspection of dampers, fans, and blowers;

5) An inspection ofthe HMIWI door and door gaskets;
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6) An inspection of all HMIWI motors;

7) An inspection ofthe primary chamber refractory lining, cleaning,

repairing or replacing the lining, as necessary;

8) An inspection ofthe incinerator shell for corrosion or hot spots;

9) An inspection ofthe secondary/tertiary chamber and stack, cleaning as

necessary;

10) Where applicable, an inspection ofthe mechanical loader, including limit

switches;

11) A visual inspection of the waste bed (grates), repairing or sealing, as

necessary;

12) Where applicable, an inspeetion of air pollution eontrol devices to ensure

their proper operation;

13) Where applicable, an inspection ofthe waste heat boiler systems;

14) An inspection of all bypass stack components;

15) Calibration oftherrnocouples, sorbent feed systems and monitoring

equipment; and

16) A gcneral inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of ana-Tllfal HMIWI shall document that, during the burn

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days at1:er the

inspection. The owner or operator of an HMIWI may have a longer period oftime

in which to complete any repairs identified as a result ofthe inspection required

by this Section, provided that it makes this request to the Agency in writing, and

the Agency approves the owner or operator of an HMIWI's request in writing.
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!D The owner or operator of a small, rural, medium, or lar~e HMIWI subject to the

emission limits under Section 229.1251c) as applicable, or Section )29.126 ofthis

Part, shall inspect the HMIWI as outlined in subsection Ib) onhis Section,

according to the following schedule:

D An initial equipment inspection shall be conducted bv January 1, 2014:

and

II An armual equipment inspection shall be conducted by January 1 of each

year thereafter.

Thc owncr or operator of an HMIWI subject to the emissions limits under Scction

229.125Ic) as applicable, or Section 229.l26Ic) onhis Part, shall inspect the air

pollution control devices, according to the following schedule:

D An initial air pollution control device inspection shall be conducted by

January], 2014: and

II An annual air pollution control device inspection shall be conducted by

January 1 of each vear thereafter.

g} Each air pollution control device inspection. as applicable. shall be conducted to

ensure the proper operation ofthe device and. at a minimum. shall consist of the

following steps:

D Where applicable. an inspection ofthe thermocouples. sorbent feed

systems. and any other monitoring equipment. adjusting applicable

calibrations. as necessary; and

II A general inspection ofthe equipment to ensure that it is maintained in

good operating condition.

!ll All maintenance. adjustments. or repairs identified during an air pollution control

device inspection required under this Section shall be completed within lO days

aftcr the inspection. The owner or operator of an HMIWI may have a longer

period onime 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 )
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SUBPART I: MONITORING REQUIREMENTS

Section 229.166 MonitorIng Requirements for AIISmall, Medium, aHd Large HMIWls

lJl Each owner or operator of an HMIWI subject to the emissions limits under

Section 229.125(c) as applicable. or Section 229. 126(c) ofthis Part. shall comply

with requirements ofthis Seetion according to the following schedule:

l} Before January L 2014. for a small, medium or large HMIWI;

£l. On and after January L 2014, except as provided for in Section

229.115(b)(3) or Section 229.116(c)(4). for a small. medium or large

HMIWI and a lural HMIWI that is equipped with an air pollution control

device.

12a) Once the initial performance test required by Section 229.142 ofthis Part has

been performed, and the site-specific minimum and maximum operating

parameter values have been established, the owner or operator of ana small,

medium or large HMIWI. as applicable. shall continuously monitor those

parameters.

f6) The owner or operator of ana small, medium or large HMIWI, as applicable, shall

comply with the following monitoring requirements:

I) Install, calibrate according to manufacturer's specifications, maintain, and

operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (unless CEMS are used as a substitute for certain parameters as

specified) sosuffi that these devices Or methods measure and record values

for these operating parameters at the frequencies indicated in Appendix B

ofthis Part at all times, except 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) If control equipment other than a dry scrubber followed by a fabric filter, a

wet scrubber, er-a dry scrubber followed by a fabric filter and a wet

scrubber. or a selective noncatalvtic reduction system is used to comply
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with the applicable emissionsemission limits under Section

/)9. I 7 5(c)229.125(l3) as applicable. or Seetion 229.126(e) ofthis Part,

install, ealibrate aceording 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

.C!:ili:21Section 229.142(e) ofthis Part; and

4) Record monitoring data at all times during HMIWI operation, except

during the periods ofmonitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day and-for 90 percent ofthe operating

days per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

ill If an HMIWr is equipped with an air pollution control device that includes a

fabric filter and a PM CEMS is not used to demonstrate compliance. the owner or

operator ofthe HMIWI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator shall meet the

following requirements for each bag leak detection system installed:

D. Each triboelectric bag leak detection system may be installed, calibrated,

operated. and maintained according to the "Fabric Filter Bag Leak

Detection Guidance," as incorporated by reference in Section 229.104;

;n The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or

less;

Ii The bag leak detection system sensor shall provide an output ofrelative

PM loadings;

:'!.l The bag leak detection system shall be equipped with a device to

continuously record the output signal from the sensor;

21 The bag leak detection system shall be equipped with an audible alalID

system that sounds automatically when an increase in relative PM

emissions over a preset level is detected. The alarm shall be located where

it is easilv heard by plant operating personnel;
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Q.l For positive pressure fabric filter systems, a bag leak detector shall be

installed in each baghouse compartment or cell:

12 For negative pressure or induced air fabric filters, a bag leak detector shall

be installed downstream of the fablic filter:

lU Ifmultiple bag leak detectors are required, the bag leak detection svstem's

instrumentation and alarm may be shared among detectors;

21 The baseline output shall be established by adjusting the range and the

averaging period ofthe device and establishing the alarm set points and

the alann delay time according to section 5.0 ofthe "Fabric Filter Bag

Leak Detection Guidance," as incorporated bv reference in Section

229.1 04:

lQl Following initial adjustment ofthe system, the sensitivity or range,

averaging period, alarm set points, or alarm delay time may not be

adjusted. Increasing the sensitivity by more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation,

unless the adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition. Each

adjustment shall be recorded;

ill Records ofthe results of each inspection, calibration, and validation check

shall be maintained: and

m The fabric filter must be operated and maintained so that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

operating time in a 6-month block reporting period; however, corrective

action must be initiated within I hour after the alarm.

(Source: Amended at 35 TIL Reg. , effective ~)

Section 229.168 Monitoring Requirements for Rural HM1WIs

ill Each owner or operator of a rural HMIWI subject to the emissions limits under

Section 229.126 ofthis Part shall comply with requirements ofthis Section

according to the following schedule:

.u Before January 1, 2014, for a rural HMIWI; and
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II On and after January 1. 20 I4, except as provided for in Section

229.1 15(b)(3) or Section 229.1 16(c)(4), for a rural HMIWI that is not

equipped with an air pollution control device.

ill The owner or operator of each rural HMIWI shall comply with the following

monitoring requirements:

1a) Install, calibrate according to manufacturer's specifications, maintain and

operate a device measuring and recording the temperature ofthe

secondary chamber on a continuous basis, the output ofwhich shall be

recorded, at a minimum, once every minute of operation;

2.6) Install, calibrate according to manufacturer's specifications, maintain, and

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

and weight of each charge fed into an HMIWI; and

le) 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 dayaflfl-for 90 percent ofthe operating

hours per calendar quarter that an HMIWI is combusting hospital waste or

medical/infectious waste.

(Source: Amended at 35 TIL Reg. , effective ~.)

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229,180 Waste Management Requirements for Commercial HM1W1s f.eeejlting

'Woote Generated orr Site

a) The owner or operator of any commercial HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

I) Provide hospital, medical or infectious waste customers with written

infomlation at least once a year conceming the availability ofwaste

management practices for reducing the volume and toxicity ofwaste to be

incinerated;-afl4
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;u Conduct training and education programs in waste segregation for each of

the company's waste generator customers:

11 Ensure that each waste generator customer prepares its own waste

management plan that includes, at a minimum, the following elements:

Al Segregation of recvclable wastes such as paper products, glass,

batteries and metals:

.ill Segregation of non-recyclable wastes such as polyvinyl chloride

plastics, phannaceutical waste, and mercury-containing waste: and

g Purchasing recycled or recyclable products:

1;!) Submit a waste management plan to the Agency, in accordance with

Section 229.1 84(b) ofthis Part, that outlines the efforts that will be

undertaken to implement the requirementsdistribute iafermatiea as

specified in subsectionssubseetiea (a)(I) through (a)(3) ofthis Section-afld

ideatities the iafermatiea 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 .J

SUBPART L: RECORDKEEPlNG AND REPORTING REQUIREMENTS

Section 229.182 Recordkeeping Requirements

a) The owner or operator of an HMIWI subject to the emissionsel'aissienlimits

under Subpart E ofthis Part shall maintain records ofthe following infonnation:

I) The calendar date of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

229.125(a) or (cl, or in Section 229.126(a) or Ccl ofthis Part (as

detennined by the CEMS, if applicable), and any measurements of

opacity as required under Section 229.125(bl, Cd)' orC£) or Section
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2?9.126Ib) or Id):Goncentrations of all applicable pollutants listed

in Section 729.125(b) or 229.126(b) ofthis Part (as detem1ined by

the GEMS, if applicabl e) and any measurements of opacity-as

required under Section 229.125(c) or 229.126(c);

B) HMIWI charge dates, times and weights, and hourly charge rates;

C) If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxinlfuran sorbent used during each

hour of operation;

E) The amount and type of Hg sorbent used during each hour of

operation;

F) The amount and type of Hel sorbent used during each hour of

operation;

ill If a selective noncatalvtic reduction system is used to comply, the

amount and type ofNO, reagent used during each hour of

operation:

ill If a selective noncatalytic reduction system is used to comply, the

minimum secondary chamber temperature recorded during each

minute of operation:

IG) The secondary chamber temperatures recorded during each minute

of operation;

IH) The liquor flow rate to the wet scrubber inlet during each minute of

operation;

KI) The horsepower or amperage to the wet scrubber during each

minute of operation;

LJ) Any pressure drop across the wet scrubber system during each

minute of operation;

MK) The temperature at the outlet from the wet scrubber during each
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minute of operation;

Nb) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use ofthe bypass stack, including dates,

times, and the duration ofsuch use;-aml

.EN) For sources complying with Section 229.] 66UJ.8'8fl1 ofthis Part,

all operating parameter data collectedmonitored; and

ill If a bag leak detection system is used, maintain records ofthe

system alarm, the time ofthe alarm, the time corrective action was

initiated and completed, and a brief description ofthe cause ofthe

alarm and the corrective action taken, as applicable:

3) Identification of any calendar days for which data on emissionsemission

rates or operating parameters specified under subsection (a)(2) ofthis

Section have not been obtained, with an identification ofthe

emissionsemission rates or operating parameters not measured, reasons for

not obtaining data, and a description ofthe corrective actions taken;

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description ofthe malfunction and ofthe corrective

action taken to remedy it;

5) Identification of calendar days for which data on emissionsemission rates

or operating parameters specified under subsection (a)(2) ofthis Section

exceeded the applicable limits, with a description ofthe exceedences,

reasons for such exceedenees, and a description ofthe corrective aetions

taken;

6) The results ofthe initial, annual, and any other subsequent performance

tests eonducted to detennine compliance with the applicable emissions

limits and/or to establish or re-establish operating parameters, as

applicable, and a description, including sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring deviees as required under

Sections 229,166UJ.E&J(1), (2) and (3) and 229.168(a) and (b)Cl) and (2) of
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this Part; and

8) Identification ofthe names of all HMIWI operators who have met the

criteria for qualification undcr Section 229. I70 of this 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. 172(a) of this Part, as

required by Section 229. I72(b) ofthis Part.

b) The owner or operator of an IIMIWI claiming an exemption from the

emissionsemission limits in this Part pursuant to Section 229.11 O(b) ofthis Part

shall keep contemporaneous records identifying each period oftime when only

pathological waste, low-level radioactive waste, or chemotherapeutic waste is

burned, including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.11 O(c) ofthis Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

d) The owner or operator of a co-fired combustor claiming an exemption from the

emissionsemission limits under Section 229.11 Oed) ofthis Part shall maintain

records on a calendar quarter basis ofthe relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste combusted.

.ill The owner or operator of each HMIWI subject to the emissions limits under

Section 229.125(el or Section 229.126 ofthis Part shall maintain records ofthe

annual equipment inspection required under Section 229.162 ofthis Part.

.fl The owner or operator of each HMIWI subject to the emissions limits under

Section 229.125(cl or 229.126(cl ofthis Part shall maintain records ofthe annual

air pollution control device inspection required under Section 229.162 ofthis Part.

The owner or operator of each rural HMI\'lI shall maintain records ofilie annual

eqaipment inspections reqaired ander Section 229.162 ofthis Part, any reqaired

maintenance, and any repairs not completed within 10 days after an inspection or

the time frame estalliished by the Agency.
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If a bag leak detection system is used. the owner or operator shall maintain

records ofthe system alarm. the time ofthe alarm, the time corrective action was

initiated and completed, a brief description of the cause of the alarm and the

corrective action taken. as applicable.

ill The owner or operator of each HMIWI, when applicable, shall maintain records

of any required maintenance, adjustments. or repairs identified during an

inspection required under Section 229.162 of this Part not completed within 10

days after the inspection or the timeframe approved in writing by the Agency.

if) All records required under this Section shall be maintained onsite for a period of 5

years, in either paper copy or electronic format, unless an alternative fonnat has

been approved by the Agency in a permit condition.

jg) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Source: Amended at 35 Ill. Reg. __..' effective j

Section 229.184 Reporting Requirements

a) The facilities manager and the responsible official for the affected source shall

certify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

performance test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:

1) Before January L 2014, except as provided for in Section 229.115(b)(3) or

Section 229.116(c)(4), as applicable, the test data and values for the site·

specific operating parameters established pursuant to Section

229. 142(a)(4), (5) or(6), as applicable, and a description. including

sample calculations. of how the operating parameters were established

during the initial performance test for an HMIWI subject to the emissions

limits under Section 229.125(a) or 229.126(3) ofthis Part;The test data

and values for the site specific operating parameters established fur an

HMIWI pursuant to cither Section 229.142(<1), (e) or (f) ortffis Part, as

applicable; and
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2) On and after January l. 2014. the test data and values for the site-specific

operating parameters established pursuant to Section ?29.142(b)(3). (4) or

(5), as applicable. and a description. including sample calculations, of how

the operating parameters were established during the initial perfomlance

test for an HMIWI subject to the emissions limits under Section

229.125(c) or Section 229.126(c) ofthis Part;

II If a bag leak detection system is used, analysis and supporting

documentation demonstrating conformance with guidance and

specifications for bag leak detection systems in Section 279. I66(d)(l ): and

:1l A copy ofthe waste management plan required under Subpart K ofthis

Part.

c) All owners or operators ofHMlWls shall submit the infonnation specified under

this subsection (c) to the Agency, as follows:AII owners or operators ofHMlWls

shall sllBmit the information speeifiea llnaer this sllBseotien (e) to tne Ageney By

Septeml3er 15,2001 and by September 15 ofeaeh year thereafter. Once an

HMIWI is isslled a CfJ\PP permit, the owner or operator of an HMIWI shall

sllbmit these reports semi annllally, in aeeoffianee with snBsectien (a) ofthis

Seetion. The annual repert shall induae the fullmving infurmation:

11 By September 15, 200 l. and by September 15 of each year thereafter, for

an HMlWI subject to the emissions limits under Section 229.125(a) or

229.126(a) ofthis Part;

21 By January l. 2014. and by January I of each year thereafter. except as

provided for in Section 229.115(b)(3) or Section 229.116(c)(4), as

applicable. for an HMIWI subject to the emissions limits under Section

229. 125(c) or (e) or Section 229. 126(c) ofthis Part; and

II The annual report required under subsection (c)(l) or (2) ofthis Section

shall include the following information:

At) Before January 1.2014, the values for site-specific operating

parameters established pursuant to Section 229. I42(a)(4). (5) or (6)

ofthis Part, as applicable:The ",allles for site speeifie operating

parameters establishea p\lfSllant te either Section 229. l 12(d), (e) er

(f) ofthis Part;
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ill On and after Januarv 1, 2014. except as provided for in Section

229.1 15(b)(3) or Section 229.116(c)(4l, as applicable. the values

for site-specific operating parameters established pursuant to

Section 229.142(b)(3). (4) or (5) ofthis Part. as applicable;

g~) The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each operating

parameter, recorded for the calendar year being reported pursuant

to Section 229.142(a)(4), (5) or (6), or Section 229.142(b)(3), (4)

or (5) ofthis Part. as applicable; and for the ealeadar year

precediag the year beiag reported;

ill The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable. for each operating

parameterrecorded pursuant to Section 229.142(a)(4), (5) or (6) or

Section 229. 142(b)(3), (4) or (5) ofthis Part, as applicable, for the

calendar year preceding the year being reported, in order to

provide the Agency with a summary ofthe performance ofthe

affected facility over a 2-year period;

E3-) Any information recorded pursuant to Section 229. I82(a)(3)

through (5) ofthis Subpart for the calendar year being reported and

for the calendar year preceding the year being reported;

£:4) Ifno exceedences or malfunctions were recorded under Section

229. 182(a)(3) through (a)(5) ofthis Subpart for the calendar year

being reported, a statement that no exceedences occurred during

the reporting period; and

G~) Any use ofthe bypass stack, the duration of use, the reason for

malfunction, and the corrective actions taken.

d) Once an HMIWI is issued a CAAPP permit, the owner or operator ofthe HMIWI

shall submit the reports required under subsection (c) ofthis Section

semiannually. The semiannual reports must be submitted within 60 days

following the end ofthe reporting period. The first semiannual reporting period

ends on June 30 of each year and the second semiannual reporting period ends on

December 31 of each year.Once the owner or operator ofan HMfWI is required

to slibmit serRiaRnlial reports, these reports ffiliSt be slibmitted withia 60 days

followiag the ead ofthe reportiag period. The first semianalial reportiag period
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

eB4;-on MaTch 15 of each year and the second sen:iannual reporting period ends

on September 15 of each year.

e) The owner or operator of each rural HMIWI subject to the emissionsemission

limits under Section 229.126(b) ofthis Part, shall submit an annual report

containing all infOlmation listed in subsections(b) and (c) ofthis Section by no

later than 60 days tollowing the year in which the data was collected. Subsequent

reports shall be sent no later than 12 calendar months following the previous

report. Once the unit is subject to permitting requirements under the CAAPP, the

owner or operator shall submit these reports semiannually in accordance with the

schedule specified in subsection (d) ofthis Section.

(Source: Amended at 35 Ill. Reg. " effective --')
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

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 parameter is required.

I ,

I , MINIMUM FREOUENCY CONTROL SYSTEM

Operating I Data Data Drv Wet Drv Selective

Parameters I Measurement Recording Scrubber Scrubber Scrubber Noncatalvtic

Followed Followed Reduction

by Fabric bv Fabric System

Filter Filter and

Wet

Scrubber

. Maximum Continuous Once per I X X X X

Charge Rate' hour

Maximum Continuous Once per X X

Fabric Filter

I

minute

I

Inlet

Temperature

Maximum Continuous Once per X X

Flue Gas minute

. Temnerature

Minimum Continuous Oncc per X X X X

Secondary minute I

Chamber

Temperature

Minimum Hourly Once per X X

Dioxin/Furan hour

Sorbent Flow

Rate

Minimum Hourly Once per X X

Hel Sorbent hour

Flow Rate

Minimum Hourly Once per X

I Reagent hour I

Flow Rate

Minimum Hourly Once per , X X

Hg Sorbent hour

Flow Rate
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Minimum

Pressure

Drop Across

the Wet

Scrubber or

Minimum

Horsepower

or Amperage

to Wet

Scrubber

Continuous Oncc per

minute I

Minimum Continuous Once per

Scrubber hour

Liquor Flow 1 I

Rate I -='c_--j--c--c--- ----j-------j------+----+--- Minimum Continuous Once per X X

Scrubber hour

Liauor uH

lFor batch HMIWIs. record t11~.SJ1"J:ge per batch.

MINIMUM FREQUENCY CONTROL SYSTEM

Operating Data Data Dry Wet Dry

Measurement ReeaF!ling Senlbber Serubber Serubber

Fallawed by Followed by

Fabrie-Filter Fabrie-Filter

and 'Net

SeFllbber

MaJ,imum+ Continuous Once /ler hour

Charge Rate

Ma)[imum Continuous Once /ler

Fabric Filter minute

Wet

I~

I MaJ,Hnum Continuous Once /ler

flue gas minute

Minimum Continuous Once /ler

secondary minute

chamber
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

I Minimum He-urly i nce per hour I;,:: I ,

;,::

I

I,

DioKin/Furan

I gorbent Flow

t Rate j I Minimum H&urIy Once per hour ;,:: ;,::

I HCl gorbent

Flow Rate

Minimum Hg Hourly Once per hour ;,:: X

gorbent Flow

, Rate

Minimum Continuous Once per X X

Pressure Drop minute

Across the

'Net gcrubber ,

or Minimum

Horsepower \

or Amperage

to \Vct

gcrubber i

Minimum Continuous Once per ';':: X

gcrubber minute

Liquor Flow I

Rate ,

Minimum Continuous I Once per X X

gcrubber I mmute T' _IJ ,

+Por batch HMIWls, record the charge per batch.

(Source: Amended at 35 Ill. Reg. .._, effective
[LLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Section 229.APPENDIX C Reference Test Methods and Procedures for Performauce

Tests

The following test methods and procedures shall be used as specified in Section 229.[40(e) of

this Part, when conducting any perfonnance test for the purpose of demonstrating compliance

with the emissionsemission limits established under this Part.

a) All perfonnance tests shaH consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of 1 hour per test

run shaH be used unless otherwise indicated. In order to demonstrate compliance

with the emissionsemission limits set forth in Subpart E ofthis Part, the arithmetic

average of aH 3 performance test runs shaH be used.

b) Method 1, at 40 CFR 60, incorporated by reference at Section 229.[04(d) ofthis

Part, shaH be used to select the sampling location and number oftraverse points.

c) Method 2, at 40 CFR 60, shall be used to detennine average gas density, as weH

as to measure gas velocity.

Ql Method 3. 3A, or 3B, at 40 CFR 60, shaH be used for gas composition analysis.

including measurement of oxvgen concentration. Method 3, 3A or 3B. at 40 CFR

60, shaH 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 shall be used for gas composition analysis,

including measurement ofQ)[ygen concentration. Method 3 or 3A, at 40 CPR 60,

shall be used simultaneously with each reference method.

e) The poHutant concentrations shall be adjusted to 7 percent oxygen using the

foHowing equation:

Cadj .= Cmeas (20.9-7)/(20.9-%02)

Where:

Cadj

Cmeas

(20.9-7)

poHutant concentration adjusted to 7 percent oxygen;

pollutant concentration measured on a dry basis

20.9 percent oxygen - 7 percent oxygen (defined oxygen

corrective basis);
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

20.9 oxygen concentration in air, percent; and

%02 oxygen concentration measured on a dry basis, percent.

D. Method 5. 26A, or 29, at 40 CFR 60. shall be used to measure PM emissions. As

an alternative. a PM CEMS mav be used in determining compliance with PM

emissions using a 12-hour rolling average. calculated each hour as the average of

the previous 12 operating hours.

Method 5 or 29, at 40 CFR 60 shall be used to IHea3ure particulate matter

emissiens.

gl Method 7 or 7E. at 40 CFR 60. shall be used to measure NO, emissions.

hl Method 6 or 6C, at 40 CFR 60, shall be used to measure SO? emissions.

ig) Method 9, at 40 CFR 60, shall be used to measure stack opacity. As an

alternative. the use of a bag leak detection system or a PM CEMS to demonstrate

compliance with the PM standards is considered demonstrative of compliance

with the opacity requirements.

jh) 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 fucitive ash emissions.

Ii) Method 23, at 40 CFR 60, shall be used to measure total dioxin/furan emissions.

As an alternative, the facility may elect to sample total dioxins/rurans by

installing. calibrating, maintaining. and operating a continuous automated

sampling system for monitoring dioxin/furan emissions. The minimum sample

time for Method 23 sampling shall be 4 hours per test run. Ifthe affected facility

has selected the TEQ for dioxin/furans (set out in Appendix A ofthis Part), as

provided under Section 229.125tb1 or 229.l26tb1 ofthis Part, whichever is

applicable, the following proccdures shall be used to determine compliance:

I) Measure the concentration of each dioxin/furan tetra-through-octacongener emitted using Method 23;

2) For each dioxin/furan congener measured in accordance with subsection

(i)(I) ofthis Section, multiply the congener concentration by its

corresponding TEQ factor specified in Appendix A ofthis Part; and
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

3) Sum the products calculated in accordance with subsection (i)(2) ofthis

Section to obtain the total concentration of dioxin/furans emitted in terms

ofTEQ.

@) Method 26 or 26A, at 40 CFR 60, shall be used to measure HCl emissions. As an

alternative, an HCI CEMS may be used to measure HCI emissions. Before

January I, 2014. iflfthe affected facility has selected the percentage reduction

standard for HCl as provided under Section 229. I25llilfb1 or 229.1 26llilfb1 of this

Part, whichever is applicable, the percentage reduction in HCI emissions (%RHcl)

is computed using the following formula:

(%R1·1CIl ((E;-Eo)/E;) x 100

Where:

%RHCI = percentage reduction of HCI emissions achieved;

E; HCI emissions concentration measured at the control device inlet,

corrected to 7 percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg) measured at the

control device outlet, corrected to 7 percent oxygen (dry basis).

glf) 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 multimetals 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 Januarv I, 2014. iflfthe affected facility has selected the percentage

reduction standards for metals as provided in Section 229. I 25llilfb1 or

229.126llilfb1 ofthis Part, whichever is applicable, the percentage reduction in

emissions (%Rmetal) is computed using the following formula:

(%Rmetal) = ((E;-Eo)/E;) x 100

Where:

%RMETAL = percentage reduction ofmetal emissions (Pb, Cd, or Hg)

achieved;
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

Ei = metal emissions concentration (Pb, Cd, or Hg) measured at

the control device inlet, con·ected to 7 percent oxygen (dry

basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg) measured at

the control device outlet, corrected to 7 percent oxygen (dry

basis).

(Source: Amended at 35 IlL Reg. , effective ~)
IEPA ATTACHMENT NO. ;;< 3 .

From: Matoesian, Charles

Sent: Thursday, January 28, 2010 12:20 PM

To: Matoesian, Charles

Subject: FW: SIP Submittal Contents

-----Original Message-----

From: Summerhays.John@epamail.epa.gov

[mailto:Summerhays.John@epamail.epa.gov]

Sent: Tuesday, October 20, 2009 5:39 PM

To: Matoesian, Charles

Cc: Panos.Christos@epamail.epa.gov

Subject: SIP Submittal Contents

Charles,

Thank you for asking about SIP submittal requirements. USEPA has been

working to reduce the amount of paper that states need to submit in SIP

submittals. I would especially point to rulemaking that we published on

July 16, 2007, at 72 FR 38792, making numerous changes to SIP processing

and SIP submittal requirements. Note especially that 40 CFR 51.103

("Submission of plans") now authorizes states to submit 2 hard copies

and one electronic copy of a SIP submittal, in lieu of submitting 5 hard

copies. Indeed, given that we make the SIP available to the public

primarily in electronic form, we actually prefer the approach of states

submitting 2 hard copies accompanied by an electronic copy.

The official requirements for contents of a submittal are given in 40

CFR 51 Appendix V, defining completeness criteria. However, the state

must use judgment in deciding what materials should be submitted to meet

these criteria, especially with respect to the technical material that

justifies the substantive content of the submittal. Nevertheless, the

following are some specific suggestions:

- Most of the administrative materials required under Appendix V are

self explanatory and can be satisfied with brief documentation, commonly

just a few pages in length. I might suggest using a SIP checklist (like

many other states do), insofar as it may be an easier and briefer way to

document that you are meeting the procedural requirements. Let me know

if you'd like to see a sample.

- Appendix V 2.l(h) requires a compilation of public comments and the

state's response thereto; Appendix V does not require submittal of

hearing transcripts. Occasionally the state may decide that a hearing

transcript provides useful documentation of an issue pertinent to a

submittal, but more commonly the comment summary and response is a more

concise and more useful discussion of pertinent issues.

- While EPA documents may be an important part of the record in

Illinois' rulemaking, it is never necessary to submit EPA documents to

EPA for EPA's rulemaking.
- Given that the TPeB maintains an electronic docket file for its

rulemakings, I would suggest that each submittal based on TPeB

rulemaking provide a link to their docket. This is not a substitute for

submitting the documents that are necessary to satisfy App. V, but this

is an appropriate means of alerting us to the availability of more

peripheral documents, such as hearing transcripts usually are.

- With respect to technical support lApp. V 2.2), remember that the

submitted materlal should be limited to the material that helps us judge

the merits of the submittal. The state will need to make judgments for

each submittal as to the issues that need to be addressed and the types

of materials that need to be provided for EPA to conduct its review.

States have often submitted a substantial volume of material that was

not necessary for EPA to evaluate the key issues of the submittals. We

would be happy to consult on what materials to include in particular

submittals at your request.