# dep

west virginia department of environmental protection Executive Office 60I 57" Street SE Charleston, WV 25304 Phone: (304) 926-0440 Fax: (304) 926-0446

Mr. Shawn M. Garvin Regional Administrator (3RAOO) U
. S. EPA Region III Air Protection Division 1650 Arch Street Philadelphia, PA 19103-2029 Seplember 7, 20 I I Earl Ray Tomblin, Governor Randy C. Huffman, C abinet Secr et

ary www,dep .wv.gov



### RE: 

## eAA 111(£1)/129 Pltlll-WVRevisedPIal/forHospitallMedical l/l/fectiolls Waste Illeil/erators Dear Administrator Garvin: I am herein submitting the above referenced revised Cl ean Air Act 111(d)/I29 Plan for approval b y the U
.S. Environmental Protection Agency. The Division ofAir (DAQ) has incorporated changes made to 45CSR18, "Control ofAir Pollution From Combustion ofSolid Waste." This rule change has required DAQ to submit a plan revision for HMIWI. Should you or your staff have any questions concerning this submittal, please contact John A. Benedict, Director, Division of Air Quality at (304) 926-0499 Ext. 1966 or Rich Boehm at (304) 926-0499 Ext. 1687
.

Enclosures

cc: James Topsale, USEPA, Region III John A. Benedict, WVDEP

- DAQ 

# c::r:;;.**RandY ~**  Cabinet Secretary



### Promoting a healthy environment.

# dep

West Virginia Department ofEnvironmental Protection Division ofAir Quality

Revision to the West Virginia Section 111(d)/129 Plan Control ofAir Pollution from Combustion ofSolid Waste for Hospital/Medical/Infectious Waste Incinerators

July 2011

### TABLE OF CONTENTS

I. BACKGROUND...................................................................................................... 1 II. PERMITS
.................................................................................................................. 4 Ill. PUBLIC PARTICIPATION
..................................................................................... 4 IV. IMPLEMENTATION OF NEW SOURCE PERFORMANCE STANDARDS
.......................................................................................................... 4 V. IMPLEMENTATION OF EMISSION GUIDELINES FOR EXISTING SOURCES STANDARDS
..................................................................... 4 VI. EMISSION INVENTORY FOR DESIGNATED HMIWI FACILITIES
................ 6 VII. TESTING, MONITORING, RECORDKEEPING, REPORTING AND OTHER SOURCE REQUIREMENTS
.......................................................... 6 1. 

### Compliance and Perfonnance Testing
......................................................... 7 2. Monitoring
.....................................................................................'"
........... 7 3. Reporting and Recordkeeping
... .... ... ........... .......... ......... ............ .................. 8 4. Operator Training and Qualification............................................................. 8 5. Inspection.
................. .... .................................................. .... .... .... ... .......... ..... 9 6. Waste Management Plan
................................................................................ 9 VIll. LEGAL AUTHORITy
............................................................................................. 9 IX. COMPLIANCE SCHEDULES.:
............................................................................... 13 X. 

### PROGRESS REPORTS
........................................................................................... 14
LIST OF TABLES Table 18-1A Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Set Forth in 40 CFR §60.32e(a)(I) and 45 CSR 18-7.2.a.l Table 18-lB Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Set Forth in 40 CFR 60.32e(a)(1) and (a)(2) and 45CSR18- §7.2.a.l and §7.2.a.2 Table l8-2A Emissions Limits for Small HMIWI Which Meet the Criteria Under 40 CFR §60.33e(b)(1) and 45 CSR 18-§7.3.b.l

### Table l8-2B Emissions Limits for Small HMIWI Which Meet the Criteria Under 40 CFR §60.33e(b)(2) and 45 CSR l8-§7.3.b.2 Table 18-3 HMIWI Source Inventory Table 18-4 West Virginia Emission Inventory

- Large CapacityHMIWI Table 18-5 West Virginia Emission Inventory

- Medium CapacityHMIWI
LIST OF APPENDICES A. 

### 45CSR18- Control ofAir Pollution From Combustion ofSolid Waste, effective June 16,2011. B. West Virginia Air Pollution Control Act (§§22-5-1**~** seq.) 

### C. Documentation ofPublic ParticipationWEST VIRGINIA 111(d)/129 PLAN FOR CONTROL OF AIR POLLUTION FROM COMBUSTION OF SOLID WASTE FOR HOSPIT AL/MEDICALIINFECTIOUS WASTE INCINERATORS


### I. BACKGROUND Under Sections 111 and 129 of the CAA as amended in 1990, the EPA is required to develop regulations to control air pollutant emissions from HMIWI. Section 111 addresses Standards of Performance for Stationary Sources. Section 129 addresses Solid Waste Combustion. Under the authority of these sections EPA codified regulations governing emissions from new and existing HMIWI in Title 40 ofthe Code ofFederal Regulations (CFR) Part 60, Subparts Ec and Ce, respectively. On September IS, 1997, the United States Environmental Protection Agency (EPA) promulgated amended Emission Guidelines for existing hospital, medical, and infectious waste incinerators (HMIWI) under 40 CFR Part 60, subpart Ce, and New Source Performance Standards (NSPS) for new HMIWI under 40 CFR Part 60, subpart Ec (62 FR 48348, September 15, 1997). The Clean Air Act (CAA) requires that State regulatory agencies implement the Emission Guidelines according to a State Plan developed under Sections 111(d) and 129 ofthe CAA. On August 3, 2009, EPA took direct final action under Part 62, Subpart XX, to approve a revision to the West Virginia (WV) HMIWI 111(d)1129 plan (the "Plan''). The revision contained a newly promulgated West Virginia Department of Environmental Protection, Division of Air Quality (DAQ) rule that streamlined the state's regulatory structure (WV 45CSR6, 18, and 24) for incinerator units and incorporated applicable section 129, requirements into WV 45CSR18, effective June 1, 2008. The streamlining ofthe state's regulatory structure ofits incinerator rules was not an EPArequirement. On October 6, 2009, the EPA amended 40 CFR 60, Subparts Ce and Ec. This final rule revises emission limits for both the NSPS and Emission Guidelines in response to a public comment on the December 2008 re-proposal, which requested EPA adjust the statistical approach used to account for variability in the data and consider the distribution ofthe emissions data in determining the MACT floor emissions limits. Per the October 6, 2009 amendment, under Subpart Ce, a facility that commenced construction on or before June 20, 1996, or for which modification was commenced on or before 1

### March 16, 1998 or for a facility that commenced 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 are considered to be an existing source, otherwise the facility is considered a new source and must comply with NSPS. The requirements of 40 CFR 60, Subpart Ce as promulgated on September 15, 1997, must apply to the designated facilities until one year after the effective date of U.S. EPA's approval ofWest Virginia's 111(d)/129 plan revision for HMIWI units. Upon one year after the effective date of U.S. EPA's approval of the 111 (d)/129 

### Plan the designated facilities are no longer subject to the requirements of40 CFR 60, Subpart Ce as promulgated on September 15, 1997, but subject to the requirements of40 CFR 62, Subpart XX, as amended in accordance with the October 6, 2009 provisions of40 CFR Part 60, Subpart Ceo The HMIWI source category is divided into three subcategories based on the waste burning capacity: small (less than or equal to 200 Ib/hr), 

### medium (greater than 200 but less than or equal to 500 Ib/hr), 

### and large (greater than 500 Ib/hr). Waste burning capacity is determined either by the maximum design capacity or by the "maximum charger rate" established during the most recent performance test. The rule establishes a different set of emission limits for pollutants depending upon the subcategory. The pollutants regulated by this rule include metals (cadmium, lead, and mercury); particulate matter; acid gases (sulfur dioxide and nitrogen oxides, and hydrogen chloride); organic compounds (dioxins and furans); carbon monoxide; and opacity. Subpart Ce establishes criteria for state and local agencies to develop Emission Guidelines and performance standards for existing HMIWl. The existing HMIWl source category is divided into the same three subcategories as the new HMIW1. Subpart Ce, however, allows for an additional subcategory for Small Remote HMIWI (bum less than 2,000 Ib/week 

### and are located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area). Like Subpart Ec, the Emission Guidelines also establishes a different set of emission limits for pollutants depending upon the subcategory. The pollutants regulated are the same as those for Subpart Ec. Pursuant to Subsection 12.1 of45CSR18, existing HMIWI must comply with Title V operating permit requirements as codified in WV 45CSR30

- "Requirements for Operating Permits." Rule 45CSRI8 establishes standards of performance and emission guidelines for large municipal waste combustors, small municipal waste combustion units, hospital! medical! infectious waste incinerators, commercial and industrial solid waste incineration units, and other solid waste incineration units pursuant to Sections III and 129. This rule codifies general 2

### procedures and criteria to implement certain standards ofperformance for new stationary sources and emission guidelines for existing units promulgated by EPA as set forth in 40 CFR Part 60. It 

### is the intent ofthe Secretary to adopt these standards by reference. This document serves as a revision to the West Virginia HMIWI 1II(d)/129 plan (the "plan") which incorporates the October 6, 2009 amended 40 CFR 60, Subparts Ce and Ec. As part ofthe plan, the DAQ has included legislative rule West Virginia 45CSRl8

- "Control ofAir Pollution From Combustion of Solid Waste", which became effective June 16, 2011 and has been included as Appendix D. This rule establishes standards of performance and Emission Guidelines for new and existing HMIWI, respectively.

3

### II. PERMITS As the result ofthe rule streamlining, and to reflect changes ofthe 45CSR18, a Title V pennit revision of the affected sources ofHMIWI must be completed by the DAQ as soon as practicable after EPA plan approval. The level ofpublic process required in conducting these pennit revisions will be detennined by the types ofmodifications needed in order for the Title V pennits issued by DAQ to comply with the provisions of40 CFR §70.7 and to assure compliance with all applicable Section 129 requirements. III. PUBLIC PARTICIPATION [40 CFR §60.23(f)] Prior to adopting the Section 111(d)/129 State Plan, the DAQ allowed the opportunity for public comment and held a public hearing on the plan. The public hearing was held on August 8,2011 at 601 57th 

### Street, SE, Charleston, WV at 5:30 p.m. The notice ofthe public hearing was published as a Class 1 legal advertisement in the Charleston Daily Mail and Charleston Gazette newspaper and in the State Register. The DAQ has certified that the public hearing was held in accordance with 40 CFR §60.23(d), and will maintain the hearing records required under 40 CFR §60.23(e). The hearing records will be maintained at least 2 years. The public hearing certification is attached in Appendix A. IV. IMPLEMENTATION OF NEW SOURCE PERFORMANCE STANDARDS 45CSR18, "Control of Air Pollution From Combustion of Solid Waste" rule was subsequently approved by the 2011 State Legislature and has an effective date ofJune 16,2011. For HMIWI Sources, Subsection 3.1 incorporates byreference the entire NSPS standards of 40 CFR Part 60 Subpart Ec, effective September 15, 1997 and as amended on October 6, 2009.
V. 

### IMPLEMENTATION OF EMISSION GUIDELINES FOR EXISTING HIMWI SOURCES West Virginia legislative rule 45CSR18 effective June 1,2008, and the related HMIWI 111(d)/129 plan revision, 40 CFR Part 62, Subpart XX, §62.l2150(b) were approved by EPA in the Federal Register on August 3, 2009. 45CSR18 sets forth the emission limits that are recommended in the Emission Guidelines of 40 CFR Part 60 Subpart Ce for existing HMIWI and remain applicable until the affected HMIWI unit comes into full compliance, as required 4

### under the amended provisions of 45CSR18 HMIWI (effective June 16, ZOII), and the related plan revision. The emission guidelines set forth in 45CSR18 are identical to the federal emission guidelines. Emission Limitations [40 

### CFR §§60.24(b)(1) 

### and 60.33eJ 

### Under Section lZ9(b)(Z) of the CAA, the West Virginia Section 11l(d)/IZ9 plan must include emission limits that are "at least as protective as" those in the HMIWI Emission Guidelines. With the amendments on October 6, Z009, EPA has established two types of designated existing facilities, each with its own emission guidelines. For a designated facility set forth in 40 CFR 60.3Ze(a)(I) subject to the emission guidelines as promulgated on September 15, 1997, the requirements are presented in Table 18- lA, except as provided in 40 CFR §60.3Ze(b). For a designated facility set forth in 40 CFR §60.3Ze(a)(l) subject to the emission guidelines as amended on October 6, Z009, the requirements are presented in Table 18-lB except as provided in 40 CFR §60.3Ze(b). For a designated facility set forth in 40 CFR §60.3Ze(a)(Z) the more stringent of the requirements presented in Table 18-lB and Table lA of40 CFR 60, Subpart Ec. The limits contained in the state rule are identical in amount and dimension (units) to those established in the Emission Guidelines. Under 40 CFR §60.33e(b), a State Plan must include the requirements for emissions limits for any small HMIWI constructed on or before June ZO, 1996, which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area and which bums less than Z,OOO pounds per week ofhospital waste and medical/infectious waste that are at least as protective as the federal requirements. Pursuant to 45CSRI8-§7.3.b, West Virginia requires small HMIWI units to meet emissions limits equivalent to those set forth in 40 CFR §60.33e(b). For a designated facility set forth in 40 CFR §60.3Ze (a)(I) subject to the emission guidelines as promulgated on September 15, 1997, the emission limits are presented in Table 18- ZA. For a designated facility set forth in 40 CFR 60.3Ze (a)(1) subject to the emission guidelines as promulgated on October 6, Z009, the emission limits are presented in Table 18-ZB, In 

### addition, 45CSRI8-§7.3.c. requires existing HMIWI to meet the NSPS opacity requirements of 40 CFR §60.5Zc(b) as follows: For a designated facility under 40 CFR §60.3Ze(a)(I) subject to the emission guidelines as promulgated on September 15, 1997, the 5

### facility must meet requirements set forth in 40 CFR §60.52c(b)(I). For a designated facility under 40 CFR §60.32e(a)(l) subject to the emission guidelines as amended on October 6, 2009 and a designated facility as defined under 40 CFR §60.32e(a)(2) the facility must meet requirements set forth in 40 CFR §60.52c(b)(2). VI. EMISSION INVENTORY FOR DESIGNATED HMIWI FACILITIES [40 CFR §§60.2S(a) and 60.2S(c)] A complete source inventory of affected HMIWI in West Virginia regulated by the Emission Guidelines must be submitted as part of the West Virginia Section 111(d)/129 plan. Sources affected by the Emission Guidelines are the following: (I) HMIWI, (2) co-fired combustors, and (3) incinerators burning only pathological, low-level radioactive, and chemotherapeutic waste alone or in combination. The definition ofthese types ofunits can be found in 40 CFR §60.5Ic. According to the results of a survey conducted by the DAQ in January 1998, West Virginia has 2 operating HMIWI units. Table 18-3 lists these sources, their charge/design rate, and addresses. Any other sources identified, that are not included on this Table, must be required to comply with the emission and perfonnance standards, including compliance schedule and reporting requirements, established in this Plan. An emission inventory, based on the HMIWI source inventory, for the nine designated pollutants of40 CFR Part 60, Subpart Ce is also required to be included in the West Virginia Section III(d)/129 plan. Tables 18-4, and 18-5 provide an estimate of the current emission rates, emission concentrations and methods of emission estimation. Since the tables are organized by size category, the corresponding emission standards are also presented in order to show the relationship between measured or estimated emissions and the amounts of such emissions allowed by the standard. VII. TESTING, MONITORING, RECORDKEEPING, REPORTING AND OTHER SOURCE REQUIREMENTS [40 CFR §§60.24(b)(2) AND 60.37e] The West Virginia Section 111(d)/129 plan must include testing, monitoring, recordkeeping and reporting requirements for existing HMIWI. The plan must also include required operator training and qualification criteria and inspection and waste management requirements. Therefore, the owner or operator of existing HMIWI must demonstrate compliance with applicable testing, monitoring, recordkeeping and reporting requirements in 40 CFR Part 60, Subparts Ce and Ec, and the related provisions of WV 45CSRI8 and Section I 11(d)1129 Plan. 6

### 1. Compliance and Performance Testing [40 CFR §60.37e(a), 45CSRlS-§7.7.a.l! All existing facilities which are subject to the emission limits in Tables lA, ZA, IB, and ZB to Subpart Ce and the related 45CSRl8 emission limit tables for small, medium and large HMIWI must comply with the compliance and performance testing requirements in 40 CFR §60.56c as required by 40 CFR §60.37e, except for certain exclusions (e.g., fugitive emissions testing requirements), as stipulated in 40 CFR §60.37e(a)(I) and (Z), and (b)(l) and (Z). The related and applicable 45CSRl8 exclusions are stipulated in 45CSRI8-§7.7. For small HMIWI not equipped with control devices, they must comply with the requirements of40 CFR §60.37(e). For facilities as defined in 40 CFR §60.3Ze(a)(I) or a (Z) subject to emissions limits under §60.33e(a)(Z)(a)(3), or (b)(Z) may use the results ofprevious emissions tests to demonstrate compliance with the emissions limits, provided that conditions within 40 CFR §60.37e(f)1-3 are met. 2. Monitoring [40 CFR §60.37e(d), 45CSRlS-§7.7.dl The owner or operator of an existing facility subject to the West Virginia Section 111(d)/IZ9 plan for HMIWI must demonstrate compliance with the monitoring requirements in 40 CFR §60.57c as required by 40 CFR §60.37e. The owner or operator ofthe existing HMIWI facility must install, calibrate (to manufacturer's specifications), maintain, and operate devices (or establish methods) for monitoring the maximum and minimum operating parameters listed in Table 3 of 40 CFR Part 60, Subpart Bc (relating to operating parameters to be monitored and minimum measurement and recording frequencies). The owner or operator of the existing facility must also install, calibrate (to manufacturer's specifications), maintain, and operate a device or method for measuring the use ofbypass stack including the date, time and duration. The owner or operator ofa small HMIWI unit is subject to the emission limits under 40 CFR §60.33e(b) that are not equipped with an air pollution control device must comply with the following monitoring requirements set forth in 40 CFR §60.37e. Pursuant to 40 CFR §60.57c(c) as required by 40 CFR §60.37e, the owner or operator of the HMIWI must install, calibrate (to manufacturer's specifications), maintain, and operate equipment needed to monitor the site-specific operating parameters developed under 40 CFR 7

### §§60.56c(i) and 60.52c relating to emission limits. The owner or operator ofthe facility must obtain monitoring data at all times during the HMIWI operation except when the monitoring equipment malfunctions or when the monitoring equipment is being calibrated or repaired. 

### 3. Reporting and Recordkeeping [40 CFR §60.38e. 45CSR18-§7.8! Except as provided in 40 CFR §§60.38e(a)(I) and 60.38e(a)(2), the owner or operator of any existing HMIWI facility subject to the Plan must comply with applicable reporting and recordkeeping requirements in 40 CFR §§60.58c(b)-(g). As required under 40 CFR §60.38e(b), the owner or operator of each small HMIWI subject to the emission limit in 40 CFR §60.33e(b) must maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection. Any inspection, maintenance and repair information recorded must be submitted to the DAQ within 60 days following the year in which the data were collected. The report must be signed by the manager of the HMIWI facility. Subsequent reports must be submitted no later than 12 calendar months following the previous submittal. For purposes of complying with Title V operating permit requirements, the reports must be submitted on a semiannual basis. As required under 40 CFR 60.32e(b) and 45 CSR 18-7.2.b, the owner or operator of each pathologically exempt HMIWI must notify the Secretary of an exemption claim, and keep quarterly records of the peiods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned. 

### 4. Operator Training and Oualification [40 CFR §60.34e. 45CSR18- §7.4! The owner or operator ofeach HMIWI facility must comply with the operator training and qualification requirements in 40 CFR §60.53c as required by 40 CFR §60.34e and must have at least one fully trained and qualified HMIWI operator on duty or available within one hour when operating the facility. The trained and qualified HMIWI operator may operate the facility or directly supervise one or more HMIWI operators. Each trained and qualified HMIWI operatormust meet the requirements specified in 40 CFR §§60.53c(c) through (g). The owner or operator of each HMIWI must maintain documentation at the facility which meet the requirements of40 CFR §60.53c(h) as required by 40 CFR §60.34e and must 8

### establish a program to require all employees at the facility who are involved in the operation of the HMIWI to review the provided information on an annual basis. As specified in 40 CFR §60.3ge(e), the operator training and qualification requirement must be met within one year following the date ofapproval ofthe Plan by the EPA.



### 5. Inspection [40 CFR §60.36e. 45CSR18-§7.6J 40 CFR §60.36e provides that a state plan must require that each small HMIWI that is subject to the emission limits established under 40 CFR §60.33e(b) and each HMIWI subject to the emissions limits under 40 CFR §§60.33e(a)(2) and 60.33e(a)(3) to undergo an initial and annual inspection for air po1!ution control devices and equipment that is at least as protective as the requirements in 40 CFR §60.36e(a). 

### 6. Waste Management Plan [40 CFR §60.35e. 45CSR18-§7.5J The owner or operator of the existing HMIWI must prepare a waste management plan which meets the requirements of 40 CFR §60.55c as required by 40 CFR §60.35e and must submit the plan to the Director within 60 days after the initial performance test. In 

### order to reduce the amount oftoxic emissions from incinerated waste, the waste management plan must specifY the feasibility and the approach used to separate components of solid waste from the health care waste. The American Hospital Association publication, "An 

### Ounce ofPrevention: Waste Reduction Strategies" must be considered during the development of the waste management plan. 

### VIII. LEGAL AUTHORITY 

### [40 CFR §60.26(a)] Pursuant to 40 CFR §60.26(a), state plans must show that states have legal authority to carry out the plan including the authority to adopt emission standards and compliance schedules applicable to existing facilities and to enforce applicable laws, regulations, standards, compliance schedules and seek injunctive relief. The DAQ has the statutory and regulatory authority under W.va. Code §§22-5-1 et seq. to adopt and enforce rules and regulations to implement the State Plan. In 

### particular, W. Va. Code §22-5-4(a)(4) authorizes the Director to promulgate legislative rules relating to the control of air pollution. The DAQ, effective June 16, 2011, promUlgated a legislative rule, 45CSR18, which specifica1!y incorporates by reference the New Source Performance Standards for 9

### HMIWI. Such incorporation by reference of model legislation is a permissible means of enacting law under West Virginia law. See State v. Grinstead, 206 S.E. 2d 912 (W.va. 1974). In 

### addition, 45CSR1S sets forth the Emission Guidelines contained in 40 CFR Part 60, Subpart 

### Ceo The applicable emiSSIOn standards and other requirements for existing facilities are incorporated by reference in 45CSRIS-§7.1. The pertinent provisions from the federal regulations relating to compliance schedules for existing facilities are contained in subsections 7, of45CSR1S. Regarding the enforcement of applicable laws, regulations, standards, and compliance schedules, the DEP has several enforcement mechanisms available under State law, including permits, administrative orders, civil and criminal penalties, and injunctive relief. Since the emission standards and compliance schedules included in the State Plan are codified in 45CSR1S, any violation of such standards or schedules constitutes a violation of a State rule and is therefore subject to civil penalties ofup to $10,000 for each day ofviolation and criminal penalties ofup to $25,000 for each day ofviolation and/or imprisonment for up to one year injail. W.Va. Code §22-5-6. In 

### addition to civil and criminal penalties, the DEP may seek injunctive reliefagainst any person in violation of45CSR1S (W. Va. Code §22-5-7).
In 

### addition to penalties and injunctive relief, the DEP may compel compliance with 45CSRIS through the issuance ofadministrative orders. Under W. Va. Code §§22-5-4(a)(5) and (6) and 22-5-5, the DEP may issue administrative orders including cease and desist orders and order suspending, modifYing or revoking permits. Such administrative orders may be appealed to the Air Quality Board, an administrative board with quasi-judicial powers. The DEP may also collect administrative penalties from a source in violation of a rule under an administrative consent order (W. Va. Code §22-5-4(a)(IS)). Existing facilities may also be required to obtain permits, III 

### which case emiSSIOn standards and compliance schedules from 45CSR1S are included as enforceable permit conditions.' Depending upon the nature of the activity and the amount of the emissions, the existing facility may be required to obtain a preconstruction permit under W. Va. Code §22-5-11

I Under W. Va.

### Cod~ §22-5-6, the violation ofa pennit is subject to the same enforcement remedies as the violation ofa rule. 2 The State's applicable preconstruction pennit programrules consist of45CSR13 for minor sources, 45CSR14 for major (PSD) sources, and 45CSR19 for sources located in non-attaironent areas. The State's operating pennit program (Title V program) is found at 45CSR30. 

### 10

### and/or an operating permit under W. Va. Code §22-5-12. 2 

### The permit must ensure compliance with all applicable requirements, including the emission standards and compliance schedules required under 45 CSR 18. W. Va. Code §§22-5-11 and 12; also see WV 45CSR13-§5.7 and 5.11 and WV 45CSR30-§2.6.
In 

### addition to the authority to adopt and enforce the applicable emission standards and compliance schedules, the DEP has authority to obtain information necessary to determine the compliance status of existing facilities, including requiring facilities to maintain compliance records, pursuant to W.Va. Code §22-5-4(a)(14), which states: (a) The director is authorized: (14) To require any and all persons who are directly or indirectly discharging air pollutants into the air to file with the director suchinformation as the director may require in a form or mannerprescribed byhim orher for such purpose, including, but not limited to, location, size and height ofdischarge outlets, processes employed, fuels used and the nature and time periods ofduration ofdischarges. Such information shall be filed with the director, when and in such reasonable time, and in such manner as the director mayprescribe. The DEP also has the authority to conduct inspections and tests ofexisting facilities pursuant to W.Va. Code §22-5-4 (a)(6) and (9), which state: (a) The director is authorized: (6) To consider complaints, subpoena witnesses, administer oaths, make investigations and hold hearings relevant to the promulgation ofrules and the entry ofcompliance orders hereunder; and (9) To enter and inspect anyproperty, premise or place on or at which a source ofair pollutants is located or is being constructed, installed or established at any reasonable time for the purpose ofascertaining the state ofcompliance with this article and rules promulgated under the provisions ofthis article. No person shall refuse entry or access to any authorized representative ofthe director who requests entry for 11

### purposes ofinspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection: Provided, That nothing contained in this article eliminates any obligation to follow any process that may be required bylaw. An 

### additional authority which must be demonstrated in the State Plan is the agency's authority to require the use ofmonitors and require emission reports ofexisting facilities. This authority exists in W.Va. Code §22-S-4 

### (a)(lS), which states: 

### (IS) To require the owner or operator ofany stationary source discharging air pollutants to install such monitoring equipment or devices as the director mayprescribe and to submit periodic reports on the nature and amount ofsuch discharges to the director. In 

### addition to the general statutory authority discussed above, the DEP has specific regulatory authority under 4SCSR18 to require existing facilities to comply with operator training and qualification requirements, waste management plans, equipment inspections, monitoring of emissions, keeping of records, and submitting reports in accordance with the applicable provisions of40 CFR Part 60, Subparts Ce and Ec, 4SCSR18-§7.1. Furthermore, the DEP has authority to include conditions in any administrative orders or permits issued to existing facilities to ensure compliance with such conditions. W.Va. Code §§22-S-4(a)(S), 22-S

### S, 22-S-11, 

### and 22-S-12. 

### Lastly, the State must have authority to make emission data from existing facilities available to the public. The DEP has such authority under W.Va. Code §22-S-10, 

### which states in pertinent part: All air quality data, emission data, permits, compliance schedules,

... shall be available to the public, except that upon a showing satisfactory to the director
... that records, reports, data or information

... would divulge methods orprocesses entitled to protection as trade secrets ... the director shall consider such records
... confidential: Provided, That such confidentiality does not apply to the types and amounts ofair pollutants discharged and that such records
... may be disclosed to other officers, employees or authorized representatives of the state or ofthe federal environmental protection agency ... Provided, however, That such officers, employees or authorized representatives
... 12

### protect such records
... to the same degree required ofthe director by this section
.... See, WV 4SCSR31-§2.4 for the definition ofthe term "types and amounts ofpollutants discharged."

In addition to W.Va. Code §22-S-1O, the State's Freedom ofInformation Act requires the DEP to make records available to the public upon request, unless such records specifically fall under one ofthe exemptions contained in the Act (one ofwhich is an exemption for "trade secrets"). See, W.Va. Code §§29B-l-l et seq. In conclusion, the State DEP possesses the requisite authority to adopt, implement, and enforce all necessary elements of the West Virginia Section Ill(d) and 129 plan for HMIWI, except as outlined in 40 CFR §60.S0c(i). IX. COMPLIANCE SCHEDULES The Plan will require existing HMIWl to comply with the emission regulations in accordance with the compliance schedule below under the enforceable provisions of40 CFR 62, Subpart XX. For HMIWl facilities subject to the requirements of 40 CFR 60, Subpart Ce as promulgated on September IS, 1997, the facility must achieve compliance in accordance with the milestons shown below:
MILESTONE COMPLIANCE DATE Submit control plan and/or site specific No later than November 28, 2000 parameters Submit petition for site specific operating No later than November 28, 2000 parameters ifinstalling alternative air

I 

### pollution control eauioment

Obtain services ofarchitectural and No later than July 28,2001 engineering firm(s) Order design drawings and equipment ofthe No later than January 28, 2002 air pollution device(s) Site preparation for installation ofthe air No later than April 28, 2002 pollution device(s) initiated 13

### Initial startup ofthe air pollution device(s) No later than April 28, 2002 Initial compliance testes) ofthe air pollution No later than April 28, 2002 devices conducted Compliance required No later September 16 2002
For HMIWI facilities subject to the requirements of 40 CFR 60, Subpart Ce as amended on October 6, 2009, the facility must achieve compliance in accordance with the milestones shown below:

MILESTONE COMPLIANCE DATE Submit compliance plan and schedule No later than 120 days after the effective date ofU.S. EPA's approval ofthe required 111(d)/129 State Plan Revision Submit petition for site specific operating No later than 12 months after the effective parameters ifinstalling alternative air date ofU.S. EPA's approval ofthe required pollution control equipment lll(d)!129 State Plan Revision Obtain services ofarchitectural and No later than 12 months after the effective engineering firm(s) date ofU.S. EPA's approval ofthe required I 11

### (d)!129 State Plan Revision Order design drawings and equipment ofthe No later than 18 months after the effective air pollution device(s) date ofU.S. EPA's approval ofthe required Ill( d)!129 State Plan Revision Site preparation for installation ofthe air No later than 18 months after the effective pollution device(s) initiated date ofU.S. EPA's approval ofthe required 111(d)1129 State Plan Revision Initial startup ofthe air pollution device(s) No later than 30 months after the effective date ofU.S. EPA's approval ofthe required 111(d)1129 State Plan Revision Initial compliance testes) ofthe air pollution No later than 30 months after the effective devices conducted date ofU.S. EPA's approval ofthe required 111(d)1129 State Plan Revision Compliance required No later than October 6 2014



### X. PROGRESS REPORTS [40 CFR §60.25(f)]

14

### States must commit in the Section 11 1(d)1129 Plan to submit annual reports on progress III 

### the implementation of the Emission Guidelines to the EPA. The first progress report concerning existing HMIWI units will be submitted to EPA within one year after approval ofthe Section 1 1 1(d)/I29 State Plan. In addition, emission and compliance data must also be reported to Aerometric Information Retrieval System (AIRS). As required under 40 CFR §60.25(f), the annual progress report must include the following information: I. Compliance status ofeach existing HMIWI units. 2. List ofany enforcement actions taken against any existing HMIWI units during that year. 3. Increments ofprogress completed by each existing HMIWI units during that year. 4. Identification ofany existing HMIWI units that have shut down or started operation during the reporting period. 5. Update Emission Inventory information to include: a. Emissions from HMIWI units that have achieved compliance. b. Emissions from any new or modified HMIWI units. c. Emissions from HMIWI units that have changed their emissions bymore than 5% ofthe most recently submitted emission data. 6. Copies oftechnical reports on all performance testing and monitoring, including concurrent process data for existing HMIWI units.

15

# HMIWI Tables · 

# *** Table 18-1A Emissions Limits for Small, Medium, and Large HMIWI atDesignated Facilities as Set Forth in 40 CFR §60.32e(a)(1) and 45CSR18-§7.2.a.1 ' Table 18-1B Emissions Limits for Small, Medium, and Large HMIWI atDesignated Facilities as Set Forth in 40 CFR §60.32e(a)(1) and (a)(2) and 45CSR18-§7.2.a.1and 7.2.a.2 Table 18-2A Emissions Limits for Small HMIWI Which Meet the Criteria Under 40 CFR §60.33e(b)(1) and 45 CSR 18- §7.3.b.1 Table 18-2B Emissions Limits for Small HMIWI Which Meet the Criteria Under 40 CFR §60.33e(b)(2) and 45 CSR 18- §7.3.b.2 Table 18-3 HMIWI Source Inventory Table 18-4 West Virginia Emission Inventory- Large Capacity HMIWI Table 18-5 West Virginia Emission Inventory- Medium Capacity HMIWI ! 

# , 

# I/45CSR18 TABLE 18-1A Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Set Forth in 45CSR§18-7.2.a.1.
Units Emissions Limits Pollutant HMIWI Size Averaging Time l Compliance Method2 (7 percent oxygen, dry basis) Small Medium Large Milligrams per dry standard cubic meter 3-run average EPA Reference Method 5 of Appendix A-3 of40 CFR Part 60. or Particulate matter (mg/dscm) (grains per dry standard cubic 115 (0.05) 69 (0.03) 34 (0.015) (I-hour minimum EPA Reference Method 26A or 29 of foot (gr/dscf)) sample time per run) Appendix A-8 of40 CFR Part 60. 3-run average EPA Reference Method 10 or lOB of Carbon monoxide Parts per million by volume (ppmv) 40 40 40 (I-hour minimum Appendix A-4 of40 CFR Part 60. sample time per run) Nanograms per dry standard cubic meter 125 (55) 125 (55) 125 (55) 3-run average total dioxinslfurans (ngldscm) (grains per EPA Reference Method 23 of Dioxins/furans billion dry standard cubic feet (grll09dscf)) or or or (4-hour minimum Appendix A-7 of40 CFR Part 60. orngfdscm TEO (",1109dscf) 2.3 (1.0) 2.3 (1.0) 2.3 (1.0) sample time per run) 100 \00 100 3-run average EPA Reference Method 26 or 26A of Hydrogen chloride ppmv or 93% or 93% or 93% (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time perrun) 3-run average EPA Reference Method 6 or 6C of Sulfur dioxide ppmv 55 55 55 (I-hour minimum sample Appendix A-4 of40 CFR Part 60. time per run) 3-run average EPA Reference Method 7 or 7E of Nitrogen oxides ppmv 250 250 250 (I-hour minimum Appendix A-4 of40 CFRPart 60. samnle time ner run) mg/dscm (grains per thousand dry standard 1.2 (0.52) 1.2 (0.52) 1.2 (0.52) 3-run average EPA Reference Method 29 of Lead (I-hour minimum cubic feet (grll03dscf)) or 70% or 70% or 70% samole time oer run) Appendix A-8 of40 CFR Part 60. 0.16 (0.07) 0.16 (0.07) 0.16 (0.07) 3-run average EPA Reference Method 29 of Cadmium mg/dscm (gr/103dscf) (I-hour minimum or 65% or 65% or 65% sarnoIe time per run) Appendix A-8 of40 CFRPart 60. 0.55 (0.24) 0.55 (0.24) 0.55 (0.24) 3-run average EPA Reference Method 29 of Mercury mg/dscm (grll03dscf) or 85% or 85% or 85% (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time per run) 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 'Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b).

### 45CSR18 TABLE 18-lB Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Set Forth in 45CSR§§18-7.2.a.l and 7.2.a.2.

Units Emissions Limits Compliance Method2 Pollutant HMIWI Size Averaging Time l (7 percent oxygen, dry basis) Small Medium Large Milligrams per dry standard cubic meter 3-run average EPA Reference Method 5 of Particulate matter (mgldscm) (grains per dry standard cubic 66 (0.029) 46 (0.020) 25 (0.011) (I-hour minimum Appendix A-3 of40 CFRPart 60. or foot (gr/dscf)) sample time per run) EPA Reference Method 26A or 29 of Appendix A-S of40 CFR Part 60. 3-run average EPA Reference Method 10 or lOB of Carbon monoxide Parts per million by volume (ppmv) 20 5.5 11 (I-hour minimum Appendix A-4 of40 CFR Part 60. sample time per run) Nanograms per dry standard cubic meter 16 (7.0) 0.S5 (0.37) 9.3(4.1) 3-run average total dioxins/furans (ng/dscm) (grains per EPA Reference Method 23 of Dioxinslfurans billion dry standard cubic feet (grIl09dscf)) or 0.013 or 0.020 or 0.054 (4-hour minimum Appendix A-7 of40 CFR Part 60. or ng/dscm TEO (gr/J09dscf) (0.0057) (0.00S7) (0.024) sample time per run) 3-run average EPA Reference Method 26 or 26A of Hydrogen chloride ppmv 44 7.7 6.6 (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time perrun) 3-run average EPA Reference Method 6 or 6C of Sulfur dioxide ppmv 4.2 4.2 9.0 (I-hour minimum Appendix A-4 of40 CFRPart 60. sample time per run) 3-run average EPA Reference Method 7 or 7£ of Nitrogen oxides ppmv 190 190 140 (I-hour minimum Appendix A-4 of40 CFR Part 60. sample time per run) mgldscm (grains per thousand dry standard 0.018 0.036 3-run average EPA Reference Method 29 of Lead 0.31 (0.14) (I-hour minimum cubic feet (grll03dscf)) (0.0079) (0.016) samole time ner run) Appendix A-8 of40 CFR Part 60. 0.017 0.013 0.0092 3-run average EPA Reference Method 29 of Cadmium mgldscm (grll03dscf) (0.0074) (0.0057) (0.0040) (I-hour minimum Appendix A-S of40 CFR Part 60. sample time per run) 0.014 0.025 O.01S 3-run average EPA Reference Method 29 of Mercury mgldscm (gr/I03dscf) (0.0061) (0.011) (0.0079) (I-hour minimum Appendix A-S of40 CFR Part 60. sample time per run) 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 2Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.S6c(b).45CSR18 TABLE 18-2A Emissions Limits for Small HMIWI Which Meet the Criteria Under 45CSR§18-7.3.b.1.
Pollutant Units HMIWI Emissions Limits Averaging Time l Compliance Method2 (7 percent oxvQ:en drY**basi~_** 3-run average EPA Reference Method 5 ofAppendix A-3 of Particulate matter mgldscm (gr/dscf) 197 (0.086) (I-hour minimum 40 CFR Part 60, orEPA Reference Method 26A or 29 of sample time_per run)_ Appendix A-8 of40 CFR Part 60. 3-run average EPA Reference Method 10 or lOB of Carbon monoxide ppmv 40 (I -hour minimum Appendix A-4 of40 CFR Part 60. sall)Qie tirnlier runt ngldscm total dioxins/furans 800 (350) or 3-run average EPA Reference Method 23 of Dioxins/furans (grll09dscf) or ngldscm TEQ (4-hour minimum -.igrll09ds!'f)
.. 5 (6.6) samnle time ner run} Appendix A-7 of40 CFR Part 60. 3-run average EPA Reference Method 26 or 26A of

I Hydrogen chloride ppmv 3.100 (I-hour minimum Appendix A-8 of40 CFR Part 60. samote time ner run) 3-run average EPA Reference Method 6 or 6C of Sulfur dioxide ppmv 55 (I-hour minimum Appendix A-4 of40 CFR Part 60. samoie time per run) 3-run average EPA Reference Method 7 or 7E of Nitrogen oxides ppmv 250 (I-hour minimum Appendix A-4 of40 CFR Part 60. samole time oerrun) 3-run average EPA Reference Method 29 of Lead mgldscm (gr/I03dscf) 10 (4.4) (I-hour minimum sample time per run) Appendix A-8 of40 CFR Part 60. 3-run average EPA Reference Method 29 of Cadmium mgldscm (gr/l03dscf) 4 (1.7) (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time per run) 3-run average EPA Reference Method 29 of Mercury mgldscm (gr/l03dscf) 7.5 (3.3) (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time per run) 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 2Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b).45CSR18 TABLE 18-2B Emissions Limits for Small HMIWI Which Meet the Criteria Under 45CSR§18-7.3.b.2.
Pollutant Units HMIWI Emissions Limits Averaging Time l Compliance Method2 (7 percent OxYgen dry basis) 3-run average EPA Reference Method 5 ofAppendix A-3 of Particulate matter mgldscm (gr/dscf) 87 (0.038) (I-hour minimum 40 eFR Part 60, orEPA Reference Method 26A or 29 of sample time per run) p..ppendix A-8 of40 eFR Part 60. 3-run average EPA Reference Method 10 or lOB of Carbon monoxide ppmv 20 (I-hour minimum Appendix A-4 of40 eFR Part 60. sample time per run) ngJdscm total dioxins/furans 240 (100) 3-run average EPA Reference Method 23 of Dioxinslfurans (grll09dscf) or ngldscm TEQ (4-hour minimum (grll09dscf) or 5.1 (2.2) sam----.l2ie time per ru[l) Appendix A-7 of40 eFR Part 60. 3-run average EPA Reference Method 26 or 26A of Hydrogen chloride ppmv 810 (I-hour minimum Appendix A-8 of40 eFR Part 60.**sam~e** time per rurrt 3-run average EPA Reference Method 6 or 6C of Sulfur dioxide ppmv 55 (I-hour minimum Appendix A-4 of40 eFR Part 60. sam---.IDe time per runl 3-run average EPA Reference Method 7 or 7E of Nitrogen oxides ppmv 130 (I-hour minimum Appendix A-4 of40 eFR Part 60. sample time per run) 3-run average EPA Reference Method 29 of Lead mgldscm (grll03dscf) 0.50 (0.22) (I-hour minimum Appendix A-8 of40 CFR Part 60. sample time oer run) 3-run average EPA Reference Method 29 of Cadmium mgldscm (gr/I03dscf) 0.11 (0.048) (I-hour minimum Appendix A-8 of40 eFR Part 60. sample time per run) 3-run average EPA Reference Method 29 of Mercury mgldscm (gr/I03dscf) 0.0051 (0.0022) (I-hour minimum Appendix A-8 of40 eFR Part 60. sample time per run) Except as allowed under 40 eFR §60.56c(c) for HMIWI equipped with eEMS. 200es not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b).Facility Status CAMC In.operation Cabell- Huntington Hospital Closed 9-1-00 City Hospital, Inc. Closed 7-28-01 Columbia-St. Lukes Closed 6-30-00 Princeton Community Hospital Closed 3-1-99 Raleigh General Hospital Closed 6-8-00 Reynolds Memorial Hospital Closed 10-6-99 Summersville Memorial Hospital Closed 7-28-01 Thomas Memorial"Hospitar" In Operation United Hospital Center Closed 3-22-01 VAMC- Beckley Closed 9-19-00 VAMC- Huntington Closed 6-30-00 VAMC- Martinsburg Closed 8-29-02 WV Dept. of Health & Human Pathological Waste Exemption WV University Medical Center Closed 5-2-02 Wheeling Hospital Closed 12-17-99 Table 18-3 West Virginia HMIWI Source Inventory

Max Design Avg. Annual

Capacity Feed Rate

Ib/hr IbJyear 1253 1500000 447 0 52 0 133 0 111 0 113 0 221 0 113 0 318 800000 67.5 0 288 0 240 0 556 0 52 25000 106 0 397 0 Address City Zip Code .501 Morris Street "Charleston " 25301 1340 Hal Greer Blvd. Huntington 25701 P.O. Box 1418, Dry Run Road Martinsburg 25401 1333 Southview Drive Bluefield 24701 P.O. Box 1369, 12th Street Princeton 24740 1710 Harper Road Beckley 25801 800 Wheeling Avenue Glen Dale 26038 400 Fairview Heights Road Summersville 26651 4605l111aci::orkle AvenueS\\! SouthCharleston 25309 Rt. 19 S#3 Hospital Plaza Clarksburg 26301 200 Veterns Ave. Beckley 25801 1540 Spring Valley Drive Huntington 25704 Rt.9 East Martinsburg 25401 167 11th Avenue South Charleston 25303 Med. Center Dr. P.O. Box 9004 Morgantown 26506 1 Medical Park Wheeling 26003Pollutants

Carbon Monoxide Particulate Matter (PM) Hydrogen Chloride (HCI) Nitrogen Oxides (NOx) Sulfur Dioxide (S02) Lead (Pb) Cadmium (Cd) Mercury (Hg) Table 18-4 West Virginia Emission Inventory Large Capacity HMIWI

Concentration Standard

ppmv

gr/thousand dscf gr/thousand dscf 0.011 16.000 0.207

gr/thousand dscf 2.21E-06

'CAMC Emission Rates (Ib/hr) and concentrations that are in bold are taken from 2008 stack tests Concentrations corrected to 7% Oxygen S02 results from previous actual stack test data (2001)Pollutants

Carbon Monoxide Particulate Matter (PM) Hydrogen Chloride (HCI) Nitrogen Oxides (NOx) Sulfur Dioxide (502) lead (Pb) Cadmium (Cd) Mercury (Hg) Table 18-5 West Virginia Emission Inventory Medium Capacity HMIWI

Concentration Standard 125 ppmv

gr/dscf ppmv ppmv

gr/thousand dscf 0.07 gr/thousand dscf 0.24 gr/thousand dscf 5.09 1.30E-02

1.2SE-02 4.75E-02

Particulate Matter results from previous actual stack test data (May 2010) 0.033 3.07E-03 1.22E-04 4.60E-04

Carbon Monoxide and Hydrogen Chloride results from previous actual stack test data ( September 2009) Hg, Cd, Pb, 502, NOx results from previous actual stack test data (2001) CCD/CDF Results from previous actual stack test data (1998) Concentrations for those parameters were converted from the stack test emis ion rates to concentrations

# APPENDIX A

45CSR18- Control

# 0/ AirPollution/rom Combustion o/Solid Waste, effective June 16,2011 i

# I 

# I i 

# !

### 45CSR18

TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

### AIR QUALITY SERIES 18 CONTROL OF

### AIR POLLUTION FROM COMBUSTION OF SOLID WASTE §45-18-1. General. 1.1. Scope.

-- This rule adopts standards ofperfonnance, and establishes emission guidelines and compliance times pursuant to Sections III and 129 ofthe federal Clean Air Act for the control ofcertain designatedpollutantsfromthefollowingcategoriesofsolidwastecombustors,combustionunits, incinerators and incineration units in West Virginia: 1.I.a. Large municipal waste combustors subjectto the standardsofperformancepromulgatedbythe United States Environmental Protection Agency (U.S. EPA) under 40 CFRPart 60, Subpart Eb; 1.I.b. Small municipal waste combustion units subjectto the standards ofperformance promulgated by the U.S. EPA under 40 CFR Part 60, Subpart AAAA; 1.l.c. Hospital! medicall infectious waste incinerators subject to the standards of perfonnance promulgatedbythe U.S. EPAunder40 CFRPart60, SubpartEc, orthe emissionguidelines andcompliance times promulgated by the U.S. EPAunder 40 CFRPart 60, Subpart Ce set forth in section 7; 1.I.d. Commercialandindustrialsolidwasteincinerationunits subjecttothe standardsofperfonnance promulgated by the U.S. EPA under 40 CFR Part 60, Subpart CCCC, or the emission guidelines and compliance times promulgated by the U.S. EPA under 40 CFRPart 60, Subpart DDDD set forth in section 9; and 1.I.e. Other solidwasteincinerationunits subjectto the standardsofperformancepromulgatedbythe U.S. EPA under 40 CFRPart 60, Subpart EEEE. 1.2. Thisrule codifies generalprocedures and criteria to implement aprogramofspecific standards of perfonnance, emission guidelines and compliance times for solid waste combustors, combustion units, incinerators and incinerationunits setforth intheCode ofFederalRegulations and as listed inTables 18-IA, 18-1B, 18-2A, 18-2B and 18-IC. 1.3. Neither compliance with the provisions ofthis rule northe absence ofspecific language to cover particular situations constitutes approval or implies consent or condonement of any emission which is

. released in any locality in such a manner or amount as to cause or contribute to statutory air pollution.

Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations, or orders ofgovernmental entities havingjurisdiction over the combustion ofsolid waste. 104. Authority.

-- W.Va. Code §22-5-4.

I45CSR18

1.5. Filing Date.

-- June 16,2011. 1.6. Effective Date.

-- June 16, 2011. 

### I.7. lncorporationbyReference.

-- FederalCounterpartRegulation. TheSecretaryhas determinedthat a federal counterpart rule exists. 

### In accordance with the Secretary's recommendation, and with limited exception, this rule incorporates byreference 40 CFRPart 60, Subparts Eb, Ec, AAAA, CCCC and EEEE, effective June I, 2010. 1.8. Fonner Rules.

-- This legislative rule amends 45CSRI8

- "Control of Air Pollution from Combustion ofSolid Waste" which was filed April 23, 2008, and which became effective June 1,2008. §45-18-2. Defmitions. 2.1. "Administrator" means the Administrator ofthe United States Environmental Protection Agency (U.S. EPA) orhis or her designated representative. 2.2. "Air curtain incinerator" means: 2.2.a. For the purpose of40 CFR Part 60, Subpart EEEE only, an incineration unit operating by forcefully projecting a curtain ofair across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs; or 2.2.b. For the purpose of 40 CFR Part 60, Subparts CCCC and DDDD only, an incinerator that operates byforcefullyprojectinga curtain ofairacross an open chamber orpitinwhichcombustion occurs. Incinerators ofthistype canbe constructed above orbelow ground and with orwithoutrefractory walls and floor. (Air curtain incinerators are not tobe confusedwith conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.) 2.3. "Air Pollutants" means solids, liquids, or gases which, ifdischarged into the air, may result in statutory airpollution. 2.4. "AirPollution" or 'statutory airpollution' has the meaning ascribed to it inW.Va. Code §22-5-2. 2.5. "Bagleakdetection system"means an instrumentthatis capable ofmonitoringPMloadings in the exhaust ofa fabric filter in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates ontriboelectric, light-scattering, light-transmittance, or othereffects to monitor relative PM loadings. 2.6. "Batch 

### HMIW!" means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion. 2.7. "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. 2.8. "Bloodproducts"means anyproductderivedfromhumanblood,includingbutnotlimitedto blood 

### 245CSR18
plasma, platelets,redorwhiteblood corpuscles, andotherderived licensedproducts, such as interferon, etc. 2.9. "Body fluids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions. 2.10. "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. 2.11. "CFR" means the Code ofFederal Regulations published by the Office ofthe Federal Register, National Archives and Records Service, General Services Administration. 2.12. "Chemotherapeutic waste" means waste material resulting from the production or use ofantineoplastic agents used for the purpose ofstopping orreversing the growth ofmalignant cells. 2.13. "CleanAir Act" or 'CAA' means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2.14. "Co-firedcombustor"meansaunitcombustinghospitalwasteandlormedical/infectiouswastewith other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceablerequirement limiting the unit to combusting a fuel feed stream, 10 percent or less ofthe weight of which is comprised, in aggregate, ofhospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes ofthisdefinition,pathological waste,chemotherapeuticwaste, andlow-levelradioactive waste are considered "other"wastes when calculating the percentage ofhospital waste and medical/infectious waste combusted. 2.15. "Commercial and industrial solidwaste incinerationunit" or 'CISWIunit' means anycombustion unit that combusts commercial or industrial waste, that is a distinct operating unit ofany commercial or industrial facility (includingfield erected,modular, andcustombuiltincinerationunitsoperatingwithstarved orexcess air), and any air curtain incineratorthat is a distinct operatingunit ofany commercial or industrial facility that does not comply with the opacity limit in Table 18-lC applicable to air curtain incinerators burning commercial or industrial waste. While not all CISWI units will include all of the following components, a CISWI unit includes, but is not limited to, the commercial or industrial solid waste feed system, grate system, flue gas system, waste heatrecovery equipment, ifany, and bottom ash system. The CISWI unit does notinclude airpollution control equipment or the stack. The CISWI unit boundary starts atthe commercial andindustrialwastehopper (ifapplicable) andextends throughtwo areas: the combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, ifany; and the combustion unit bottom ash system, which ends at the truck loading stationorsimilarequipmentthattransfersthe ashtofinal disposal. TheCISWIunitincludes all ashhandling systemsconnectedtothebottom ashhandling system. A CISWIunitdoesnotinclude anyofthefifteen types ofunits described in40 CFR §60.2555,nordoes itinclude any combustion turbine orreciprocatinginternal combustion engine. 2.16. "Commercial HMIWl" means a HMIWI which offers incineration services for hospital/medical/infectious waste generated offsite by firms unrelated to the firm that owns the HMIWl. 2.17. "Commercial or industrial waste" means solid waste that is combusted at any commercial or industrial facility using controlled flame combustion in an enclosed, distinct operatingunit: whose design 345CSR18

does notprovide for energyrecovery; or operated withoutenergyrecovery. Commercial or industrial waste also means solid waste combusted in an air curtain incinerator that is a distinct operating unit of any commercial or industrial facility. 2.18. "Continuousemissionmonitoringsystem"or 'CEMS'means amonitoring systemfor continuously measuring and recording the emissions ofa pollutant from an affected facility. 2.19. "Dioxinsl furans" means the combined emissions of tetra-through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23. 2.20. "Dryscrubber" means an add-on airpollution control systemthat injects dryalkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HM1WI exhaust stream forming a dry powder material. 2.21. "Energyrecovery" means the process ofrecovering thermal energy from combustion for useful purposes such as steam generation orprocess heating. 2.22. "ExistingCISWIunit" means a CISWIunitthatcommenced construction on orbeforeNovember 30, 1999. Ifan owner or operator ofan existing CISWI unit makes changes that meet the defmition of modification or reconstruction on or after June I, 200I, the CISWIunitbecomes subject to 40 CFRPart 60 Subpart CCCC, and the requirements ofsection 9 no longer apply to that unit. 

### Ifthe owner or operator of an existing CISWI unit makes physical or operational changes to the unit primarily to comply with the requirements ofsection 9, then Subpart CCCC does not apply to that unit. Such changes do not qualifY as modifications orreconstructions under Subpart CCCC. 2.23. "Existing HMIWI unit" means and has the following designations as set forth in subsection 7.2: 2.23.a. A HMIWI unit that commenced construction on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; and 2.23.b. A HM1WI unitfor whichconstructionwascommencedafterJune20, 1996butno laterthan December I, 2008, or for whichmodification is commenced afterMarch 16, 1998 butno laterthan April 6, 2010. 2.24. "Fabricfilter" or 'baghouse'meansan add-on airpollutioncontrol systemthatremovesparticulate matter (PM) and nonvaporous metals emissions bypassing flue gas through filter bags. 2.25. "Facilitiesmanager" means the individual in charge ofpurchasing, maintaining, and operatingthe HM1WI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director offacilities or vice president ofsupport services. 2.26. "High-airphase" means the stage ofthebatch operating cyclewhen the primary chamberreaches and maintains maximum operating temperatures. 2.27. "HospitaVmedicallinfectiouswasteincineratoroperator"or 'HM1WIoperator'means anyperson who operates, controls or supervises the day-to-day operation ofan HM1WI.



### 445CSR18

2.28. "Hospital"means anyfacilitywhichhas anorganizedmedical staff, maintainsatleast sixinpatient beds, and where the primary function of the institution 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 of24 hours per admission. This definition does notinclude 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. 2.29. "Hospital!medicaVinfectiouswasteincinerator", 'HMIWI'or'HMIWIunit'meansanydevicethat combusts any amount ofhospital waste or medical! infectious waste as defined in 40 CFR §60.5lc. 2.30. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The defmition ofhospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation. 2.31. "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable ofcausing disease or adverse health impacts in humans. 2.32. "Institutional waste" means solid waste !hat is combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit: whose design does not provide for energyrecovery; operatedwi!houtenergyrecovery; oroperatedwithonly wasteheatrecovery. Institutional waste also means solid waste combusted on site in an air curtain incinerator that is a distinct operating unit ofany institutional facility. 2.33. "Institutionalwasteincinerationunit"meansanycombustionunitthatcombustsinstitutionalwaste and is a distinct operating unit ofthe institutional facility that generated the waste. Institutional waste incineration units include field- erected, modular, cyclonicbumbarrel, and custombuiltincineration units operating with starved or excess air, and any air curtain incinerator that is a distinct operating unit ofthe institutional facility !hatgenerated the institutional waste (except those air curtain incinerators listed in 40 CFR §60.2994(b)). 2.34. "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion. 2.35. "IntermittentOSWIunit"meansanOSWIunitthatis designedto allowwaste chargingbutnotash removal, during combustion. 2.36. "Large HMIWI" means: 2.36.a. Except as provided in subsection 2.33.b; 2.36.a.l. 

### AnHMIWIwhosemaximumdesignwasteburningcapacityis morethan 500poundsper hour; or 2.36.a.2. A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds perhour; Or



### 545CSR18

2.36.a.3. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day. 2.36.b. The following are notlarge HMIWI: 2.36.b.l. A continuous or intermittent HMIWIwhose maximum chargerate is less than or equal to 500 pounds per hour; or 2.36.b.2. AbatchHMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day. 2.37. "Largemunicipal wastecombustorunit"or'LMWCunit'means amunicipal wastecombustorwith a combustion capacity greater than 250 tons per day ofmunicipal solid waste. 2.38. "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, orboth, in concentrations or quantities that exceed applicable Federal or State standards for unrestrictedrelease. Low-level radioactive waste isnothigh-level radioactive waste, spent nuclear fuel, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)). 2.39. "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, bypoormaintenance or careless operation are not malfunctions. During periods ofmalfunction the operator shall operate within established parameters as much as possible, and monitoring ofall applicable operatingparameters shall continue until all waste has been combustedoruntil the malfunction ceases, whichever comes first. 2.40. "Maximum charge rate" means: 2.40.a. 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. 2.40.b. For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during the most recentperformance test demonstrating compliance with all applicable emission limits. 2.41. "Maximum design waste burning capacity" means: 2.41.a. For intermittent and continuous 

### HMIWI, C**~** PV x 15,000/8,500 Where: C**~** HMIWI capacity, Iblhr PV**~** primary chamber volume, 

### ft'

645CSR18

15,000 = primary chamber heat release rate factor, Btulf!'/hr 8,500 = standard waste heating value, Btullb; 2.4l.b. For batch HMIWI, C=PV x 4.5 / 8 Where: C = HMIWI capacity, lb/hr PV = primary chamber volume, ff 4.5 = waste density, lb/ff 8 = typical hours ofoperation ofa batch HMIWI, hours. 2.42. "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recentperformance test demonstrating compliance with the dioxinlfuran emission limit. 2.43. "Maximumflue gas temperature"means 110percentofthe lowest 3-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once everyminute) measured duringthe mostrecent performance test demonstrating compliance with the mercury (Hg) emission limit. 2.44. "Medical/ infectious waste" means any waste generated in the diagnosis, treatment, or immunization ofhuman beings or animals, in research pertaining thereto, or in the production ortesting of biologicals that is listed below: 2.44.a. Culturesand stocksofinfectiousagents and associatedbiologicals, including: culturesfrom medical and pathological laboratories; cultures and stocks ofinfectious agents from research and industrial laboratories; wastes from the production ofbiologicals; discarded live and attenuatedvaccines; and culture dishes and devices used to transfer, inoculate and mix cultures; .2.44.b. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, orothermedicalprocedures, and specimens ofbody fluids andtheir 

### containers; 2.44.c. Human blood andblood products including: 2.44.c.l. Liquid waste human blood; 2.44.c.2. Products ofblood; 2.44.c.3. Items saturated or dripping with human blood; or

745CSR18

2.44.c.4. Items that were saturated or dripping with human blood that are now caked with dried humanblood; including serum, plasma, and otherblood components, and theircontainers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category; 2.44.d. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presenceofinfectious agents). Also includedare othertypes ofbrokenorunbroken glassware that were in contact with infectious agents, such as used slides and cover slips; 2.44.e. Animal wasteincludingcontaminatedanimal carcasses, bodyparts, andbeddingofanimals that werekoown to havebeen exposed to infectious agents duringresearch (includingresearchin veterinary hospitals), production ofbiologicals ortesting ofpharmaceuticals; 2.44.f. Isolationwastesincludingbiologicalwasteanddiscardedmaterialscontaminatedwithblood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals koown to be infected with highly communicable diseases; 2.44.g. Unusedsharps includingthefollowingunused, discardedsharps: hypodermicneedles, suture needles, syringes and scalpel blades; and 2.44.h. The definition ofmedical! infectious waste does notinclude hazardous waste identified or listed under the regulations in 40 CFR Part 261; household waste, as defined in 40 CFR §261.4(b)(l); ash from incinerators ofmedical! infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for intennent or cremation; and domestic sewage materials as identified in 40 CFR §261.4(a)(I). 2.45. "MediumHMIWI" means: 2.45.a. Except as provided in subdivision 2.45.b; 2.45.a.l. AnHMIWIwhosemaximumdesign wasteburningcapacityis morethan 200poundsper hour but less than or equal to 500 pounds per hour; or 2.45.a.2. A continuous or intennittent HMIWI whose maximum charge rate is more than 200 pounds perhourbut less than or equal to 500 pounds perhour; or 2.45.a.3. A batchHMIWIwhose maximumchargerate is more than 1,600poundsperdaybutless than orequal to 4,000 pounds per day. 2.45.b. The following are not medium HMIWI: 2.45.b.l. A continuous or intermittent HMIWIwhose maximum charge rate is less than orequal to 200 pounds per hour ormore than 500 pounds per hour; or 2.45.b.2. A batch HMIWIwhose maximum charge rate is more than4,000 pounds per day orless
845CSR18

than or equal to 1,600 pounds per day. 2.46. "Minimumdioxin!furan sorbentflowrate"means90percentofthehighest3-houraverage dioxin! furan sorbentflowrate (taken, ataminimum, onceeveryhour)measuredduringthemostrecentperformance test demonstrating compliance with the dioxin! furan emission limit. 2.47. "MinimumHg sorbent flow rate" means 90percentofthehighest 3-hour average Hgsorbent flow rate (taken, ataminimum, onceeveryhour) measuredduringthemostrecentperformancetestdemonstrating compliance with the Hg emission limit. 2.48. "Minimum hydrogen chloride (Hel) sorbent flow rate" means 90 percent ofthe highest 3-hour average Hel sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance withthe Hel emission limit. 2.49. "Minimumhorsepoweror amperage"means 90percentofthehighest 3-houraveragehorsepower or amperage to the wet scrubber (taken, at a minimum, once everyminute) measured duringthe mostrecent performance test demonstrating compliance with the applicable emission limits. 2.50. "Minimumpressure drop acrossthewet scrubber" means 90percentofthehighest3-houraverage pressuredrop acrossthewetscrubberPMcontrol device (taken, ata minimum, onceeveryminute)measured during the mostrecentperformance test demonstrating compliance with the PM emission limit. 2.SI. "Minimumreagent flow rate"means 90percentofthe highest 3-hour averagereagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured duringthe mostrecentperformancetest demonstrating compliance withtheNOx emissions limit. 2.52. "Minimumscrubberliquor flow rate"means 90percentofthehighest 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 all applicable emission limits. 2.S3. "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 Hel emission limit. 2.S4. "Minimum secondary chamber temperature" means 90 percent of the highest 3-hour average secondary chambertemperature (taken, at a minimum, onceeveryminute) measured duringthe mostrecent performance test demonstrating compliance with the PM, eo, dioxin!furan, and NOx emissions limits. 2.SS. "Modification"or 'ModifiedHMIWI' means anychangetoan HMIWIunitaftertheeffective date ofthese standards such that: 2.SS.a. The cumulative costs ofthe modifications, over the life ofthe unit, exceed SO percentum of the.original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or 2.5S.b. The change involves a physical change inorchange in the method ofoperation ofthe unit whichincreasestheamountofanyairpollutantemittedbytheunitforwhich standardshavebeenestablished 945CSR18

under Sections 129 or III ofthe CAA. 2.56. "Municipal waste" means refuse (and refuse-derived fuel) collected from the general public and from residential, commercial, institutional, and industrial sources consisting ofpaper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and non-combustible materials such as metal, glass androck, provided: thatthetermdoesnotincludeindustrialprocesswastes ormedicalwastes that are segregatedfrom suchotherwastes; and an incinerationunit shallnotbeconsideredto be combusting municipal waste for purposes ofthis rule ifit combusts a fuel feed stream, 30percent or less ofthe weight ofwhich is comprised, in aggregate, ofmunicipal waste. 2.57. Municipal waste combustion unit means any setting or equipment that combusts solid, liquid, or gasifiedmunicipal solidwaste including, butnot limited to, field-erected combustion units (with orwithout heatrecovery), modularcombustionunits (starved-airorexcess-air),boilers (forexample, steamgenerating units), furnaces (whether**suspension~fired,** grate-fired, mass-fired, aircurtainincinerators, orfluidized bedfired), and pyrolysis/ combustion units. Two criteria further define municipal waste combustion units: 2.57.a. Municipal waste combustion units do notinclude pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under 40 CFR §§60.1020(h) and (i). Municipal waste combustionunits also do notinclude cementkilns that combustmunicipal solid waste as specifiedunder40 CFR §60.10200). Municipal waste combustion units also do not include internal combustion engines, gas turbines, orothercombustiondevicesthat combustlandfillgasescollectedbylandfillgascollection systems. 2.57.b. Theboundariesofamunicipal wastecombustionunitare defined asfollows. Themunicipal waste combustion unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustion unit water system. The municipal waste combustion unit does notinclude air pollution control equipment, the stack, water treatment equipment, or the turbine-generator set. Themunicipal waste combustionunitboundary starts atthemunicipal solidwaste pit orhopper and extends through three areas: 2.57.b.l. The combustion unit flue gas system, which ends immediately after the heat recovery equipment or, ifthere is no heat recovery equipment, immediately after the combustion chamber; 2.57.b.2. Thecombustionunitbottomashsystem,whichendsatthe truckloadingstationorsimilar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system; and 2.57.b.3. The combustion unit water system, which starts atthe feed waterpump and ends at the piping that exits the steam drum or superheater. 2.58. "Municipalwastecombustorunit"or 'municipalwastecombustor'meansanysettingorequipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heatrecovery), modular incinerators (starved-air or excess-air), boilers (i.e., steamgeneratingunits), furnaces (whether suspension-fired, grate-fired,mass-fired, aircurtainincinerators, or fluidized bed-fired), and pyrolysis/ combustion units. 2.58.a. Municipalwastecombustorsdonotincludepyrolysis/combustionunitslocatedataplastics/ rubber recycling unit as specified in 40 CFR §60.50b(m). Municipal waste combustors do not include
1045CSR18

cementkilns firing municipal solid waste as specifiedin 40 CFR §60.50b(p). Municipal waste combustors do notinclude internal combustion engines, gas turbines, orother combustion devices that combust landfill gases collectedby landfill gas collection systems. 2.58.b. Theboundariesofamunicipalwastecombustoraredefmedas follows. Themunicipal waste combustor unitincludes, butis not limitedto, the municipal solid waste fuel feed system, grate system, flue gas system, bottomash system, andthecombustorwatersystem. Themunicipal wastecombustorboundary starts atthe municipal solid waste pit orhopper and extends through: 2.58.b.l. The combustor flue gas system, which ends immediately following the heat recovery equipment or, ifthere is no heatrecovery equipment, immediately following the combustion chamber; 2.58.b.2. The combustorbottom ash system, which ends atthetruckloading stationor similarash handling equipment that transfer the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and 2.58.b.3. Thecombustorwater system, which starts atthe feed waterpump andends atthepiping exiting the steam drum or superheater. 2.58.c. The municipal waste combustorunit does notinclude airpollution control equipment, the stack, water treatment equipment, or the turbine-generator set. 2.59. "New CISWI unit" means a CISWI unit that commenced construction after November 30, 1999 orfor which modification orreconstruction is commenced onor afterJune I, 200I. A CISWI unit shall not be defined as 'new' ifphysical oroperational changes to the unit are primarily to comply withthe emission guidelines for existing CISWIunits, asreferencedin40CFRPart60 SubpartDDDD and setforth insection 9. Such changes do not qualify as reconstruction or modification under 40 CFRPart 60, Subpart CCCC. 2.60. "NewHMIWIunit" means a HMIWI unit that commenced construction after December I, 2008 or for which modification is commenced afterMay 6,2010. A HMIWIunit shall notbe defined as 'new' if physical or operational changes made to an existing HMIWIunit solely for the purpose ofcomplying with emission guidelines for existing HMIWI units, as referenced in 40 CFR Part 60 Subpart Ce and set forth in section 7. Such changes are not considered a modification and do not result in an existing HMIWI unit becoming subjectto the provisions of40 CFRPart 60, Subpart Ec. 2.61. "NewLMWC unit" means a LMWC unit for which construction is commenced after September 20, 1994, or for which modification orreconstruction is commenced after June 19, 1996. 2.62. "New SMWC unit" means a SMWC unit which commenced construction after August 30, 1999, or commencedreconstruction or modification after June 6,2001. 2.63. "New OSWIunit" means an OSWIunit that commenced construction after December 9, 2004 or for which modification or reconstruction is commenced on or after June 16, 2006. 2.64. "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 the HMIWI. 1145CSR18

2.65. "Operation"meanstheperiodduringwhichwasteis combustedin theincineratorexcludingperiods ofstartup or shutdown. 2.66. "Other solid waste incineration unit" or 'OSWI unit' means either a very small municipal waste combustion unit or an institutional waste incineration unit. Unit types listed in 40 CFR §60.2887 are not OSWIunits. Whilenotall OSWIunits will include all ofthefollowing components, an OSWIunitincludes, but is not limited to, the municipal or institutional solid waste feed system, grate system, flue gas system, waste heatrecoveryequipment, ifany, andbottomashsystem. The OSWIunit does notinclude airpollution control equipmentorthe stack. TheOSWIunitboundarystartsatthemunicipal orinstitutionalwastehopper (ifapplicable) and extends through two areas: 2.66.a. The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heatrecovery equipment, ifany; and 2.66.b. The combustion unitbottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The OSWI unit includes all ash handling systems connected to the bottom ash handling system. 2.67. "Particulate matter" or 'PM' means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 orEPAReference Method 29. 2.68. "Pathologicalwaste"means wastematerialconsistingofonlyhumanoranimalremains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (ifapplicable). 2.69. "Person" means any and all persons, natural or artificial, including the state ofWest Virginia or any other state, the United States of America, any municipal, statutory, public or private corporation organized or existing under the laws ofthis or any other state or country, and any firm, partnership or association ofwhatever nature. 2.70. "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed. 2.71. "Pyrolysis"means the endothermic gasification ofhospital waste and/ormedical/infectiouswaste using external energy. 2.72. "Secondarychamber"means a componentofthe

### HMIWIthatreceives combustion gases from the primary chamber and in which the combustion process is completed. 2.73. "Secretary" means the Secretary ofthe Department ofEnvironmental Protection or such other person to whomthe Secretaryhas delegated authority ordutiespursuanttoW.Va. Code §§22-1-6 or22-1-8. 2.74. "Shutdown"means theperiod oftimeafterall waste has been combusted intheprimary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. Forintermittent 

### HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. Forbatch

### HMIWI, shutdown shall commencenoless than 5hours afterthehigh-airphase ofcombustion has been completed.
1245CSR18

2.75. "Small HMIWI means: 2.75.a. Except as provided in subdivision 7.62.b; 2.75.a.1. 

### AnHMIWI whose maximum designwasteburningcapacity is lessthan or equal to 200 pounds per hour; or 2.75.a.2. A continuous orintermittent 

### HMIWIwhose maximum chargerate is less than or equal to 200 poundsper hour; or 2.75.a.3. A batchHMIWIwhose maximumcharge rate is less than or equal to 1,600 pounds per day. 2.75.b. The following are not small 

### HMIWI: 2.75.b.1. A continuous or intermittent 

### HMIWI whose maximum charge rate is more than 200 pounds per hour; 2.75.b.2. A batch HMIWI whose maximumcharge rate is more than 1,600pounds perday. 2.76. "Small municipal waste combustion unit" or 'SMWCunit' means a municipal waste combustion unit with the capacity to combust at least 35 tons per day but no more than 250 tons per day ofmunicipal solid waste orrefuse-derived fuel. 2.77. "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subjectto permits illlder Section 402 ofthe Federal Water Pollution Control Act, as amended (33 U.S.C. 1342),orsource, specialnuclear,orbyproductmaterial as definedbytheAtomicEnergyAct of1954, as amended (42 U.S.C. 2014). 2.78. "SolidWaste Disposal Act" means the federal SolidWaste Disposal Act, as amended, 42 U.S.c. §690 

### I et seq. 2.79. "Solidwasteincinerationunit" means a distinct operatingunit ofanyfacility whichcombusts any solid wastematerialfrom commercial orindustrialestablishmentsorthe generalpublic(including single and multiple residences, hotels, andmotels). Such term does notinclude incinerators or otherunits requiredto have apermitilllderSection 3005 oftheSolidWasteDisposalAct. Theterm "solidwasteincineration unit" doesnotincludematerialsrecoveryfacilities (includingprimaryorsecondarysmelters)whichcombustwaste for the primary purpose ofrecovering metals, qualifying small power production facilities, as defined in Section 3(17)(C) ofthe Federal Power Act (16 U.S.C. 769(17)(C)), orqualifying cogenerationfacilities, as defined in Section 3(18)(B) ofthe Federal Power Act (16 U.S.C. 796(18)(B)), which bum homogeneous waste (such as units which bum tires orused oil, butnot includingrefuse-derived fuel) for the production ofelectric energyorinthe case ofqualifying cogenerationfacilities whichbumhomogeneous waste for the production of electric energy and steam or forms of useful energy (such as heat) which are used for 13

### 45CSR18

industrial, commercial,heatingorcoolingpurposes,oraircurtainincineratorsprovidedthat suchincinerators only burn wood wastes, yard wastes and clean lumber and that such air curtain incinerators comply with established opacity limitations. 2.80. "Standard Metropolitan Statistical Area" means any areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Defmitions for MetropolitanAreas" dated June 30,1993. 2.81. "Standard conditions" means a temperature of20°C and a pressure of 101.3 kilopascals. 2.82. "Startup"means the period oftimebetweenthe activation ofthe systemand the first chargeto the unit. Forbatch HMlWI, startup means the period oftimebetween activation ofthe system and ignition of the waste. 2.83. "Very small municipal waste combustion unit" means any municipal waste combustion unit that has the capacity to combust less than 35 tons per day ofmunicipal solid waste or refuse-derived fuel, as determined bythe calculations in 40 CFR §60.2975. 2.84. "Wasteheatrecovery"meanstheprocessof recoveringheatfrom thecombustionflue gases outside ofthe combustion firebox byconvective heat transfer only. 2.85. "Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquorto collectparticulate matter (includingnonvaporousmetals andcondensed organics) and/orto absorb and neutralize acid gases. 2.86. "You", as used in 40 CFRPart 60 Subparts CCCC and DDDD, means the owner oroperator ofa CISWI unit. 2.87. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR Part 60 Subparts A, 

### B, Ce, Eb, Ec, 

### AAAA, CCCC, DDDD and EEEE, as applicable. Words andphrases not defmed therein shall have the meaning given to them in the Clean 

### Air Act and the Solid Waste Disposal Act. 

### §45-18-3. Adoption ofStandards. 3.1. The Secretary hereby adopts and incorporates by reference the provisions of40 CFR Part 60, Subparts Eb, Ec, AAAA, CCCC and EEEE, including any applicable reference methods, performance specificationsandothertestmethodswhich are appendedtothese standards and containedinthesesubparts, effective June 1,2010. 

### §45-18-4. Requirements for New Large Municipal Waste Combustors. 4.1. No person shall construct or operate, or cause to be constructed or operated a new LMWC unit which results in a violation of40 CFRPart 60, SubpartEb orthis rule. 4.2. Requirements forNewLMWCUnits.

-- Theowneroroperatorof

### anewLMWCunit shall comply with all applicable standards ofperformance, requirements and provisions of40 CFR Part 60 Subpart Eb, including

### anyreferencemethods,performancespecificationsand othertestmethodsassociatedwith Subpart
1445CSR18



### Eb. §45-18-5. Requiremeuts for New Small Municipal Waste Combustiou Units. 5.1. No person shall construct or operate, or cause to be constructed or operated a new SMWC unit which results 

### in a violation of40 CFRPart 60, Subpart AAAA orthis rule. 5.2. Requirements for New SMWCUnits.

-- Theowner oroperator ofanew SMWC unit shall comply with all applicable standardsof performance,requirementsandprovisionsof 40CFRPart60 SubpartAAAA, including anyreferencemethods,performance specificationsand othertestmethods associated with Subpart AAAA. §45-18-6. Requirements for New Hospital!Medical!Infectious Waste Iucinerators. 6.1. No person shall construct, reconstruct, modify, or operate, or cause to be constructed, reconstructed, modified, or operated a new HMIWI unit which results 

### in a violation of40 CFR Part 60 Subpart Ec, orthis rule. 6.2. Requirements for NewHMIWIUnits.

-- Theowneroroperatorofanew

### HMIWIunitshallcomply with all applicable standards ofperformance, requirements and provisions of40 CFR Part 60 Subpart Ec, including anyreferencemethods,performance specifications andothertestmethodsassociatedwith Subpart Ec. §45-18-7. Requirements for Existing Hospital! Medical! Infectious Waste Incinerators. 7.1. The owner or operator of an existing HMlWI unit shall comply with the applicable emission guidelines, compliance times, requirements and provisious of40 CFRPart 60 Subpart Ce contained in this section, includinganyreferencemethods,performancespecificationsandothertestmethodsassociatedwith Subpart Ceo 7.2. Designated Facilities. 7.2.a. Except as provided in subdivisons 7.2.b through 7.2.h, the designated facility to which the emissions guidelines apply is each individual HMIWI unit: 7.2.a.1. For which construction was commenced on or before June 20, 1996, or for which modification was commenced on orbefore March 16, 1998. 7.2.a.2. Forwhich construction was commenced afterJune 20, 1996butno laterthan December I, 2008, or for which modification is commenced after March 16, 1998 butno later than April 6, 2010. 7.2.b. A combustor is not subject to this section during periods when only pathological waste, low-level radioactive waste, and/orchemotherapeutic waste isburned,providedthe owneroroperatorofthe combustor: 7.2.b.1. Notifies the Administrator ofan exemption claim; and

1545CSR18

7.2.b.2. Keepsrecords on a calendar quarterbasis ofthe periods oftime when onlypathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned. 7.2.c. Any co-fired combustor is not subject to this section ifthe owner or operator ofthe co-fired combustor: 7.2.c.1. Notifies the Administrator ofan exemption claim; 7.2.c.2. Provides an estimate ofthe relative weight ofhospital waste, medical!infectious waste, and other fuels and/or wastes to be combusted; and 7.2.c.3. Keeps records on a calendar quarter basis ofthe weight ofhospital waste and medical! infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor. 7.2.d. Anycombustorrequired to have apermitunder Section 3005 ofthe SolidWaste Disposal Act is not subjectto this section. 7.2.e. Anycombustorwhichmeetsthe applicabilityrequirementsunder40CFRPart60, SubpartsCb, Ea, or Eb (standards or guidelines for certain municipal waste combustors) is not subject to this section. 7.2.f. Any pyrolysis unit is not subject to this section. 7.2.g. Cement kilns firing hospital waste and/or medical! infectious waste are not subject to this section. 7..2.h. Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission guidelines under this section are not considered a modification and do not result in an existing 

### HMIWI unit becoming subject to the provisions of40 CFRPart 60, Subpart Ec. 7.2.i. On or before September 15, 2000, the owner or operator of an existing HMIWI unit shall operate pursuant to a Title V permit in accordance with the requirements of45CSR30. 7.2.j Therequirementsof40 CFR§§62.12150-12152, as amended and approvedon August 3, 2009, andtherelatedprovisions of40CFRPart60, SubpartCe aspromulgatedonSeptember 15, 1997, shall apply to the designated facilities under paragraph 7.2.a.l until one year after the effective date ofU.S. EPA's approval ofthe 111(d)/129 State Plan revision for 

### HMIWI units. Upon oneyear after the effective date of U.S. EPA's approval ofthe III(d)/129 State Plan revision for HMIWI units, designated facilities under paragraph 7.2.a.1 are no longer subjectto the requirements of40 CFRPart 60, Subpart Ce as promulgated on September 

### IS, 1997, but are subject to the requirements of40 CFR Part 60, Subpart Ce as amended on October 6, 2009. 7.3. Emissions Guidelines. 7.3.a. The owner or operator ofan existing HMIWI unit shall comply with the following emissions limits as applicable:

1645CSR18

7.3.a.1. Foradesignatedfacility setforthinparagraph7.2.a.! subjectto theemissionsguidelines as promulgated on September IS, 1997, the requirements listed in Table 18-IA, except as provided in subdivision 7.3.b; 7.3.a.2. Foradesignatedfacility setforth inparagraph7.2.a.! subjecttotheemissionsguidelines as amended on October 6,2009, the requirements listed in Table 18-lB, except as provided in subdivision 7.3.b; 7.3.a.3. For a designated facility set forth in paragraph 7.2.a.2, the more stringent of the requirements listed in Table 18-lB and Table IA of40 CFR Part 60, Subpart Ec, as amended October 6, 2009. 7.3.b. The owneror operatorofany small HMIWIunitconstructedonorbeforeJune 20, 1996, which is located more than 50 miles from the boundary ofthe nearest Standard Metropolitan Statistical Area and which burns less than 2,000 poundsper week ofhospital waste and medical/infectious waste shall comply with emissions limitsinparagraphs 7.3 .b.1 and 7.3.b.2, asapplicable. The 2,000 Ib/weeklimitation doesnot apply during performance tests. 7.3.b.l. Fora designated facility under paragraph 7.2.a.1 subjectto the emissions guidelines as promUlgated on September 15,1997, the requirements listed in Table 18-2A; and 7.3.b.2. For a designated facility underparagraph 7.2.a.! subject to the emissions guidelines as amended on October 6,2009, the requirements listed in Table 18-2B. 7.3.c. The owner or operator of any existing HMIWI unit shall comply with the following stack opacity requirements, as applicable: 7.3.c.l. For a designated facility underparagraph 7.2.a.1 subject to the emissions guidelines as promUlgated on September 15,1997, the requirements in 40 CFR §60.52c(b)(I); and 7.3.c.2. For a designated facility under paragraph 7.2.a.1 subjectto the emissions guidelines as amended on October 6, 2009 and a designated facility under paragraph7.2.a.2, the requirements in 40 CFR §60.S2c(b)(2). 7.4. Operator Training and Qualification Guidelines.

-- The owner or operator ofan existing 

### HMIWI unit shall comply with the operator training and qualification requirements specified in 40 CFR §60.S3c: 7.4.a. For a designated facility under paragraph 7.2.a.1", by July 28, 2001, and 7.4.b. For a designated facility under paragraph 7.2.a.2, at the time ofinitial facility start-up. 7.5. Waste ManagementGuidelines.

-- The owneror operatorofan existingHMIWI unit shaH comply with the waste management plan specified in 40 CFR §60.SSc: 7.S.a. For a designated facility under paragraph 7.2.a.!, by July 28,2001, and 7.S.b. For a designated facility under paragraph 7.2.a.2, no later than 60 days after the date ofthe
1745CSR18

initial performance test under 40 CFR §60.S6c(b). 7.6. Inspection Guidelines. 7.6.a. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.b and eachHMIWIunit subject to the emissions limitsunderparagraphs 7.3.a.2 and 7.3.a.3 shall perfonn an initial equipment inspection within one year after the date ofU.S. EPA's approval ofthe III(d)/129 State Planrevision for HMIWIunits under40 CFRPart 60, Subpart Cerequirements, asrevised October 6, 2009. The initial equipment inspection shall include the following: 7.6.a.l. Inspectionof allburners,pilotassemblies, andpilotsensingdevicesforproperoperation: cleaning ofpilot flame sensor, as necessary; 7.6.a.2. Ensuringproperadjustmentof primaryandsecondarychambercombustionair, andadjust 

### as necessary; 7.6.a.3. Inspection ofhinges and door latches and lubrication as necessary; 7.6.a.4. Inspection ofdampers, fans, and blowers for proper operation; 7.6.a.S. Inspection ofHMIWI unit door and door gaskets for proper sealing; 7.6.a.6. Inspection ofmotors for proper operation; 7.6.a.7. Inspection ofprimary chamber refractory lining; cleaning and repairing or replacing lining as necessary; 7.6.a.8. Inspection ofincinerator shell for corrosion and hot spots; 7.6.a.9. Inspection ofsecondary and tertiary chamber and stack, cleaning as necessary; 7.6.a. 10. Inspection of mechanical loader, including limit switches, for proper operation, if applicable; 7.6.a.1 I. Visual inspection ofwaste bed (grates), and repairing or sealing, as appropriate; 7.6.a.12. For the bum cycle that follows the inspection, documentation that the incinerator is operating properly and making any necessary adjustments; 7.6.a.13. Inspection ofair pollution control device(s) for proper operation, ifapplicable; 7.6.a. 14. Inspection ofwaste heat boiler systems to ensure proper operation, ifapplicable; 7.6.a.IS. Inspection ofbypass stack components; 7.6.a.l6. Ensuring proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 1845CSR18

7.6.a.17. Generally observing that the equipment is maintained in good operating condition. 7.6.b. Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Secretary establishing a date whereby an necessary repairs ofthe designated facility shall be completed. 7.6.c. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.b and eachHMIWIunit subject to the emissions limits underparagraphs 7.3.a.2 and 7.3.a.3 shall perform an equipment inspection annually (no more than 12 months following the previous annual equipment inspection), as outlined in subdivision 7.6.a. 7.6.d. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph7.3.b.2 andeachHMIWIunit subjectto the emissions limits underparagraphs 7.3.a.2 and7.3.a.3 shal1 perform an initial air pollution control device inspection, as applicable, within one year following approval of the 111(d)1129 State Plan revision for HMIWI units under 40 CFR Part 60, Subpart Ce requirements, as revised October 6, 2009. The initial air pollution control device inspection shall include the following: 7.6.d.l. Inspect airpollution control device(s) for proper operation, ifapplicable; 7.6.d.2. Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; and 7.6.d.3. Generally observe that the equipment is maintained in good operating condition. 7.6.e. Within 10 operatingdaysfollowingan airpollutioncontroldeviceinspectionundersubdivision 7.6.d, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Secretary establishing a date whereby allnecessaryrepairs ofthedesignated facility shall be completed. 7.6.f. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph 7.3.b.2 and each HMIWIunit subjectto the emissions limitsunderparagraphs 7.3.a.2 and 7.3.a.3 shall perform an air pollution control device inspection, as applicable, annually (no more than 12 months following the previous annual airpollution control device inspection), as outlined in subdivision 7.6.d. 7.7. Compliance, Performance Testing, and Monitoring Guidelines. 7.7.a. Except as provided in subdivision 7.7.b, the owner or operator ofaHMIWI unit shall comply with therequirements for compliance andperformance testing listed in 40 CFR §60.S6c, withthe following exclusions: 7.7a.1. For a designated facility under paragraph 7.2.a.l subject to the emissions limits in paragraph 7.3.a.l, the test methods listed in 40 CFR §§60.56c(b)(7) and (8), the fugitive emissions testing requirements under 40 CFR §§60.56c(b)(l4) and (c)(3), the CO CEMS requirements under 40 CFR §60.56c(c)(4), and the compliancerequirements for monitoring listedin 40 CFR §§60.S6c(c)(S)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h). 7.7.a.2. For a designated facility underparagraphs 7.2.a.1 and 7.2.a.2 subject to the emissions 1945CSR18

limits in paragraphs 7.3.a.2 and 7.3.a.3, the annual fugitive emissions testing requirements under 40 CFR §60.56c(c)(3), the CO CEMS requirements under 40 CFR §60.56c(c)(4), and the compliancerequirements for monitoring listed in 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Sources subject to the emissions limits underparagraphs 7.3.a.2 and 7.3.a.3 may, however, electto use COCEMS as specified under40 CFR §60.56c( c)( 4) orbagleakdetection systems as specified under 40 CFR §60.57c(h). 7.7.b. Except as provided inparagraphs 7.7.b.I and 7.7.b.2, the owneroroperator ofa small 

### HMIWI unit subject to the emissions limits under subdivision 7.3.b shall comply with the performance testing requirements listedin40CFR§60.56c. The2,000 

### lb/weeklimitationunder subdivision 7.3.bdoes notapply during performance tests. 7.7.b.l. For a designated facility underparagraph 7.2.a.l subject to the emissions limits under paragraph 7.3.b.l, the test methods listed in 40 CFR §§60.56c(b)(7), (8), (12), 

### (13) (Pb and Cd), and (14), theannualPM, CO,andHClemissionstestingrequirementsunder40CFR§60.56c(c)(2),the annualfugitive emissions testing requirements under 40 CFR §60.56c(c)(3), the CO CEMS requirements under 40 CFR §60.56c( c)( 4), andthecompliancerequirementsformonitoringlisted in 40 CFR§§60.56c( c)(5)through (7), and (d) through (k) do not apply. 7.7.b.2. For a designated facility underparagraph 7.2.a.2 subject to the emissions limits under paragraph 7.3.b.2, the annual fugitive emissions testingrequirements under 40 CFR §60.56c(c)(3), the CO CEMS requirements under 40 CFR §60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10) do not apply. Sources subject to the emissions limits under paragraph 7.3.b.2 may, however, elect to use CO CEMS as specified under 40 CFR §60.56c(c)(4) orbag leak detection systems as specified under 40 CFR §60.57c(h). 7.7.c. The owneroroperatorofa small HMIWIunit subjecttothe emissions limitsunder subdivision 7.3.b that is not equipped with an airpollution control device shall comply with the following compliance and performance testing requirements: 7.7.c.l. Establishment ofmaximum charge rate and minimum secondary chambertemperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits; 7.7.c.2. Following the date on which the initial performance test is completed or is required to becompletedunder40 CFR§60.8,whicheverdatecomesfirst, the smallHMIWIunit shallnotoperate above the maximumchargerateorbelowtheminimumsecondarychambertemperaturemeasuredas 3-hourrolling averages (calculated each hour as the average ofthe previous 3 operating hours) at all times. Operating parameterlimits donotapplyduringperformancetests. Operation above themaximumchargerateorbelow the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s). 7.7.c.3. Operation above the maximumchargerate andbelowthe minimumsecondary chamber temperature (each measured on a 3-hourrolling average) simultaneously shall constitute a violation ofthe PM, CO and dioxin! furan emission limits, except as provided inparagraph 7.7.c.4; and

2045CSR18

7.7.cA. The owner or operator ofa small HMIWIunit may conduct a repeat performance test within 30 days ofviolation ofapplicable operatingparameter(s) to demonstrate that the small 

### HMIWI unit is not in violation ofthe applicable emission limit(s). Repeat performance tests conducted pursuantto this paragraphmustbeconductedusingtheidenticalcontroldeviceoperatingconditionsthatindicatedaviolation under paragraph 7.7.c.3; 7.7.d. The owneroroperatorofa 

### HMIWIunitsubjecttotheemissionslimitsunder subdivisions 7.3.a and 7.3.b shall comply with the requirements for monitoring listed in 40 CFR §60.57c, except as provided for under subdivision 7.7.e. 7.7.e. The owneroroperatorofa small

### HMIWIunitsubjecttothe emissionslimitsundersubdivision 7.3.b that is not equipped with an air pollution control device shall comply with the following monitoring requirements: 7.7.e.l. Installation, calibration (to manufacturer's specifications), maintenance and operation ofa device for measuring and recording the temperature ofthe secondary chamber on a continuous basis, the output ofwhich shall berecorded, at a minimum once every minute throughout operation; 7.7.e.2. Installation, calibration (to manufacturer's specifications), maintenance and operation ofa device whichautomaticallymeasures andrecords the date, time, and weightofeach charge fed into the HMIWIunit; 7.7.e.3. The owner oroperator ofa

### HMIWI unit shall obtainmonitoring data atall times during 

### HMIWI unit operation except during periods ofmonitoring equipment malfunction, calibration, or repair. At a minimum, validmonitoring data shall be obtained for 75 percentofthe operatinghoursperday and for 90 percent ofthe operating hours per calendar quarterthat the HMIWIunit is combusting hospital waste or medical!infectious waste. 7.7.f. The owner or operator ofa designated facility under paragraphs 7.2.a.1 or 7.2.a.2 subject to emissions limits underparagraphs 7.3.a.2, 7.3.a.3 or 7.3.b.2 mayuse the results ofprevious emissions tests to demonstrate compliance with the emissions limits, provided that the conditions in paragraphs 7.7.f.1 through 7.7.f.3 are met: 7.7.f.1. The designated facility's previous emissions tests must have been conducted using the applicableproceduresandtestmethods listedin 40 CFR§60.56c(b). Previous emissionstestresultsobtained using EPA-accepted voluntary consensus standards are also acceptable. 7.7.f.2. The HMIWIunitatthe designated facility shall currently be operatedin a manner (e.g., withchargerate, secondarychambertemperature, etc.) thatwouldbeexpectedtoresultinthe sameorlower emissions than observed during the previous emissions test(s), and the 

### HMIWI unit may not have been modified such that emissions would be expectedto exceed (notwithstanding normal test-to-test variability) the results from previous emissions test(s). 7.7.f.3. The previous emissions test(s) musthave been conducted in 1996 orlater. 7.8. Reporting and Recordkeeping Guidelines.

2145CSR18

7.8.a. Except as provided in paragraphs 7.8.a.! and 7;8.a.2, the owner or operator ofan existing 

### HMIWI unit shall complywith the reporting and recordkeepingrequirements listed in 40 CFR §§60.58c(b) through (g). 7.8.a.!. For a desigoated facility under paragraph 7.2.a.! subject to emissions limits under paragraphs 7.3.a. lor 7.3.b.!, excluding 40 CFR §§60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) (NOx reagent), (b)(2)(xvii) (air pollution control device inspections), (b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation). 7.8.a.2. For a desigoated facility underparagraphs 7.2.a.1 or 7.2.a.2 subject to emissions limits under paragraphs 7.3.a.2, 7.3.a.3 or 7.3.b.2, excluding 40 CFR §§60.58c(b)(2)(xviii) (bag leak detection system alanns), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation). 7.8.b. The owneroroperatorofeach

### HMIWIunitsubjectto the emissionslimits under subsection7.3 shall: 7.8.b.l. As specifiedinsubsection7.6, maintainrecords oftheannualequipmentinspectionsthat are required for each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2, 7.3.a.3 and subdivision 7.3.b, and the annual airpollution control device inspections that are required for each 

### HMIWI unit subjecttothe emissions limits underparagraphs 7.3.a.2, 7.3.a.3 and 7.3 .b.2, anyrequired maintenance, and anyrepairs not completed within 10 days ofan inspection orrepair date approved bythe Secretary; and 7.8.b.2. Submitanannualreportcontaininginformationrecordedunderparagraph7.8.b.1 nolater than 60 days following the year in which data were collected. Subsequentreports shall be sentno laterthan 12 calendarmonths following the previousreport (once the unit is subjectto permittingrequirements under 45CSR30, the owner or operator must submit these reports semiannually). The report shall be sigoed and certified in accordance with subdivision 7.8.c. 7.8.c. Where reports are required to be submitted to the Secretaryunderthe terms ofa permit issued pursuant to 45CSR13, 45CSR14, 45CSRI9 or 45CSR30, the reports shall be sigoed and certified in accordance with the requirements of the applicable pennitting rule. Where reports are required to be submitted to the Secretary under this rule, and no permit is in effect under 45CSRI3, 45CSR14, 45CSRI9 or45CSR30, thereport shallbe sigoedby the facilities manager and shall contain acertification statingthat, based on infonnation and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete. 7.9. Compliance Times. 7.9.a. Except as provided in subdivisions 7.9.b, 7.9.c and 7.9.d, on or after July 28, 2001, the owner or operator of any existing 

### HMIWI unit subject to the requirements of40 CFR Part 60, Subpart Ce as promulgated on September 15, 1997, shall be in compliance with all applicable provisions ofthis section. 7.9.b. No later than November 28,2000, the owner or operator ofan existing 

### HMIWI unit required to install airpollutioncontrolequipmentshall submit a complianceplan and schedule subjectto the approval ofthe Secretary that meets the following criteria: 7.9.b.!. Nolaterthan July28, 200I, a facilitythatplanstoinstall airpollutioncontrol equipment
2245CSR18

otherthan a dryscrubber followedbya fabric filter, awetscrubberor

### dry scrubberfollowedbya fabric filter and a wet scrubber shall submit apetition for site specific operatingparameters under 40 CFR §60.56c(i)to the Administrator and the Secretary; 7.9.b.2. No later than July2S, 200I, services ofan architectural and engineering 

### f111l1 regarding air pollution device(s) shall be obtained; 7.9.b.3. No later than January 2S, 2002, design drawings ofan air pollution device(s) shall be ordered; 7.9.bA. No later than January 2S, 2002, airpollution device(s) shall be ordered; 7.9.b.5. NolaterthanJuly 2S, 2002, sitepreparationfor installationofthe airpollutiondevice(s) shall be initiated; 7.9.b.6. No later than April 2S, 2002, initial startup of the air pollution device(s) shall be conducted; 7.9.b.7. NolaterthanApri12S, 2002, initial compliancetest(s) ofthe airpollutiondevice(s) shall be conducted; and 7.9.b.S. No laterthan September 16, 2002, theowneroroperatorofanexisting

### HMIWIunit shall not allow or cause to be allowed a 

### HMIWI unit to be operated except in compliance with all applicable provisions ofthis section. 7.9.c. 

### An owner or operator ofan existing 

### HMIWI unit who submits in writing to the Secretary a request for anextension to complybeyond the compliance datesunder subdivision 7.9.b, shall submitto the Secretary no later than Apri12S, 2001, the following information: 7.9.c.1. 

### An analysis to supporttheneedfor an extension, including an explanationofwhy a time period up to three years after July 2S, 2000 is not sufficient time to comply with subdivision 7.9.b; 7.9.c.2. A demonstration ofthefeasibility to transportthewaste offsiteto a commercial medical waste treatment and disposal facility on a temporary orpermanentbasis; and 7.9.c.3. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table IS-IA. 7.9.d. The owner or operator ofan existing

### HMIWI unit will be notified in writing bythe Secretary ofhis or her decision as to whether an extension shall be granted or denied. The owner or operator shall comply with one ofthe following: 7.9.d.l. Ifthe request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.b no later than 30 days after denial ofthe request for extension, or July 2S, 2001, whichever is later; or 7.9.d.2. Ifthe request for extension is granted, the owner or operator shall submit a compliance
2345CSR18

plan and schedule commensurate with the granted extensionno laterthan 30 days after the date therequest for extension has been granted. 7.9.e. Exceptasprovidedin subdivisions7.9.f, 7.9.gand7.9.h,oneyearaftertheeffectivedateof U.S. EPA's approvalofthe III(d)/129 StatePlanrevisionforHMIWIunits,the owneroroperatorofanyexisting HMIWIunit subjecttotherequirements of40CFRPart60, Subpart Ce as promulgated onOctober 6, 2009, shall be in compliance with all applicable provisions ofthis section. 7.9.f. No laterthan 120 days after the effective date ofU.S. EPA's approval ofthe 1II(d)/129 State Plan revision for HMIWI units, the owner or operator ofan existing HMIWI unit required to install air pollution control equipment shall submit an expeditious compliance plan and schedule subject to the approval ofthe Secretary that meets the following criteria: 7.9.f.1. Nolaterthan 12 monthsafterthe effectivedate of U.S. EPA's approvalofthe 1II(d)/129 State Planrevision for HMIWIunits, a facility thatplanstoinstall airpollution control equipment otherthan a dry scrubberfollowedbya fabric filter, a wet scrubberordryscrubberfollowedbya fabric filterand a wet scrubber shall submit a petition for site specific operating parameters under 40 CFR §60.56c(i) to the Administrator and the Secretary; 7.9.f.2. Nolaterthan 12 monthsaftertheeffectivedate ofU.S. EPA'sapprovalofthe 1II(d)/129 State PlanrevisionforHMIWIunits, servicesof anarchitecturalandengineeringfirmregardingairpollution device(s) shall be obtained; 7.9.f.3. Nolaterthan 18 monthsafterthe effectivedate ofU.S. EPA'sapprovalofthe III(d)/129 State Plan revision for HMIWIunits, design drawings ofan air pollution device(s) shall be ordered; 7.9.f.4. Nolaterthan 18 monthsaftertheeffectivedate ofU.S. EPA'sapprovalof the 111(d)/129 State Planrevision for HMIWI untis, air pollution device(s) shall be ordered; 7.9.f.5. Nolaterthan 18 monthsafterthe effectivedate ofU.S. EPA'sapproval ofthe III(d)/129 State Plan revision for HMIWI units, site preparation for installation ofthe air pollution device(s) shall be initiated; 7.9.f.6. Nolaterthan 30monthsafterthe effectivedateofU.S. EPA's approval ofthe Ill(d)/129 State Planrevision for HMIWIunits, initial startup ofthe air pollution device(s) shall be conducted; 7.9.f.7. Nolaterthan 30 months afterthe effectivedate ofU.S
.EPA'sapproval ofthe III(d)/129 State Plan revision for HMIWI untis, initial compliance testes) of the air pollution device(s) shall be conducted; and 7.9.f.8. NolaterthanOctober6, 2014, the owneroroperatorofanexistingHMIWIunitshall not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions ofthis section. 7.9.g. An owner or operator ofan existing HMIWI unit who submits in writing to the Secretary a request for an extension to complybeyond the compliancedates under subdivision 7.9.f, shall submitto the Secretaryno later than 9 months afterthe effectivedate ofU.S. EPA's approval ofthe 1II(d)/129 StatePlan
24

### 45CSR18

revision for HMIWI units, the following infonnation: 7.9.g.1. An analysis to supporttheneedfor an extension, includingan explanationofwhyatime period up to threeyears afterthe effectivedate ofU.S. EPA's approval ofthe 1II(d)/129 State Plan revision for HMIWIunits is sufficienttimeto complywiththissection, while one yearaftertheeffectivedate ofU.S. EPA's approval ofthe 1II(d)/129 State Plan revision for HMIWl units is not sufficient; 7.9.g.2. A demonstrationofthefeasibility totransportthewaste offsite to a commercial medical waste treatment and disposal facility on a temporary or pennanentbasis; and 7.9.g.3. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table IS-lB. 7.9.h. The owner or operator ofan existingHMIWIunit will be notified in writing bythe Secretary ofhis or her decision as to whether an extension shall be granted or denied. The owner or operator shall comply with one ofthe following: 7.9.h.l. 

### Ifthe request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.fno laterthan 30 days after denial ofthe request for extension, or one year after the effective date ofU.S. EPA's approval ofthe 111(d)/129 State Planrevision for HMIWl units whichever is later; or 7.9.h.2. 

### Iftherequest for extension is granted, the owner oroperator shall submit a compliance plan and schedule commensurate with the grantedextensionno later than 30 days after the date therequest for extension has been granted; and 7.9.h.3. On or before October 6,2014, the owner or operator shall comply with the emissions guidelines as amended on October 6, 2009, and not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicableprovisions ofthis section. 

### §45-18-8. Requirements for New Commercial and Industrial Solid Waste Incinerators. S.1. No person shall construct, reconstruct, modify, or operate, or cause to be constructed, reconstructed, modified, or operated a new CISWI unit which results in a violation of40 CFR Part 60 Subpart CCCC, orthis rule. S.2. Requirements for New CISWIUnits.

-- The owner or operator ofa new CISWIunit shall comply withall applicable standards of perfonnance,requirementsandprovisionsof 40CFRPart60 SubpartCCCC, includinganyreferencemethods,perfonnancespecificationsand othertestmethodsassociatedwithSubpart CCCC. 

### §45-18-9. Requirements for Existing Commercial and Industrial Solid Waste Incinerators. 9.1. Requirements for Existing CISWIUnits.

-- The owner or operatorofan existing CISWIunit shall comply with the applicable emission guidelines, compliancetimes, requirements andprovisions of40 CFR Part 60 Subpart DDDD contained in this section, including any reference methods, perfonnance specifications and othertestmethods associated with Subpart DDDD.
2545CSR18

9.l.a. Emission limits contained in Table 18-C; 9.l.b. Compliance dates specified in subsection 9.2, including increments of progress toward compliance specified in that subsection and 40 CFR §§60.2575 through 60.2615; 9.l.c. Waste management planrequirements specified in 40 CFR §§60.2620 through 60.2630; 9.l.d. Operator training and qualification requirements specified in 40 CFR §§60.2635 through 60.2665; 9.l.e. Emission limitations andoperating limits specified in 40 CFR §§60.2670 through 60.2685; 9.l.f. Performance testing requirements specified in 40 CFR §§60.2690 through 60.2695; 9.l.g. Initial compliance requirements in 40 CFR §§60.2700 through 60.2705; 9.l.h. Continuous compliance requirements specified in 40 CFR §§60.2710 through 60.2725; 9.1.i. Monitoring requirements specified in 40 CFR §§60.2730 through 60.2735; 9.l.j. Recordkeeping and reporting requirements specified in 40 CFR §§60.2740 through 60.2800; and 9.I.k. Requirements for air curtain incinerators specified in 40 CFR §§60.28I0 through 60.2870. 9.2. Compliance Times. 9.2.a. The Du PontWashington Works CISWI unit in Wood County shall achieve final compliance with all applicable provisions ofthisrule byno later than September 30, 2003; the owner oroperatorofany otherexistingCISWIunit shall achieve final compliance withall applicableprovisions ofthis section byno later than October 4, 2004. 

### §45-18-10. Requirements for New Other Solid Waste Incineration Units. 10.1. No person shall construct or operate, or cause to be constructed or operated a new OSWI unit which results in a violation of40 CFR Part 60, Subpart EEEE or this rule. 10.2. Requirements for New OSWI Units.

-- The owner or operator ofa new OSWI unit shall comply with all applicable standards ofperformance, requirements andprovisions of40CFRPart60 SubpartEEEE, includinganyreferencemethods,performance specificationsand othertestmethods associatedwith Subpart EEEE. 

### §45-18-11. Secretary. 11.1. Anyand all references in 40 CFRPart 60 Subparts Ce, Eb, Ec, AAAA, CCCC, DDDD, andEEEE to the "Administrator" are amended to be the "Secretary" except in the following references which shall 

### remain "Administrator":
2645CSR18



### Il.l.a. Where the federal regulations specifically provide that the Administrator shall retain authority and not transfer such authority to the Secretary; II.l.b. Where provisions occur which refer to: 11.1.b.1. Alternate means ofemission limitations; Il.l.b.2. Alternate control technologies; Il.l.b.3. Innovative technology waivers; ll.l.b.4. Alternate test methods; 11.I.b.5. Alternate monitoring methods; 11.I.b.6. Waivers/adjustments to recordkeeping and reporting; or 11.I.b.7. Applicability determinations; 11.I.c. Where the context ofthe regulation clearly requires otherwise; Il.l.d. The requirements of40 CFR §60.56c(i) establishing operating parameters when using controls other than those listed in 40 CFR §60.56c(d); II.I.e. Alternative methods ofdemonstrating compliance under 40 CFR §60.8; and 11.1.f. Performance test and data reduction waivers under 40 CFR §60.8(b). §45-18-12. Permits. 

### 12.1. On or before September 15, 2000, the owner or operator ofexisting HMlWI units shall operate pursuant to a Title V 

### permit in accordance with the requirements of45CSR30. 12.2. The owner or operator ofanew HMlWIunit shall submit to the Secretary a complete application for a Title V permit in accordance with the requirements of45CSR30 within twelve (12) months after commencing operation. 12.3. On 

### or before December I, 2003, the owner or operator of existing CISWI units shall operate pursuant to a CAA Title V 

### permit in accordance with the requirements of45CSR30. 12.4. The owner or operator ofa new CISWIunit shall submit to the Secretary a complete application for a Title V 

### permit in accordance with the requirements of45CSR30 within twelve (12) months after commencing operation, provided that a new CISWI unit may be required to apply for and obtain a Title V 

### permit prior to this date, as specified in 40 CFR §60.2242(b). 12.5. TheowneroroperatorofanewOSWIunitshall submita complete application for aTitle

### Vpermit in accordance with the requirements of45CSR30 within twelve (12) months after commencing operation, 2745CSR18
provided that a new OSWI unit may be required to apply for and obtain a Title V pennitprior to this date, as specified in 40 CFR §60.2967(b). 12.6. Nothing contained in this rule shall be construed or inferred to mean that pennit requirements in accordance with applicablerules shall bein any way limited or inapplicable, includingbutnot limitedtothe pennitting requirements under 45CSR13, 45CSR14, 45CSR19, 45CSR25 and 45CSR30. §45-18-13. Recordkeeping, Reports and Testing. 13.1. The owner or operator ofa LMWC unit, SMWC unit, HMIWI unit, CISWI unit, or OSWI unit subject to sections 7 or 9, 40 CFRPart 60, Subparts Eb, Ec, AAAA, CCCC or EEEE (as applicable) shall comply with all applicable recordkeeping and reporting requirements, reference methods, performance specifications and test methods associated with these subparts. 13.2. All notices, reports and other information required to be submitted to the Administratorpursuant to sections 7 or 9, 40 CFR Part 60,-Subparts Eb, Ec, AAAA, CCCC and EEEE (as applicable) shall also be submitted to the Secretary. §45-18-14. Exemptions. 14.1. Theexemption provisions under40 CFRPart 60 SubpartsEb, Ec, AAAA, CCCC and EEEE shall be incorporated in this rule. 14.2. Temporary air curtain incinerators approved bythe Secretaryunder the requirements of45CSR6 that are operatedfor the disposal ofonlyon-site landclearingdebris (as defined in45CSR6) shallbeexempt from the requirements ofthis rule. 14.3. Temporary incinerators approved by the Secretary under the requirements of45CSR6 that are operated for the disposal ofanimal or poultry remains and related pathological waste shall be exempt from the requirements ofthis rule. 14.4. Pathological waste incineration units.

-- Any institutional waste incineration unit, very small municipalwastecombustionunit, incineratororcombustorshallbeexemptfromtherequirementsofthisrule provided: 14.4.a. Theunitburns 90 percent or morebyweight (on a calendarquarterbasis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, or chemotherapeutic waste; 14.4.b. The owner or operator ofthe unit keeps records on a calendar quarter basis ofthe periods oftime whenonlypathologicalwaste, low-levelradioactivewaste orchemotherapeuticwaste is incinerated; 14.4.c. The unit is subject to the requirements of45CSR6 or45CSR25; and 14.4.d. The owneror operator ofthe unit notifies the Administrator and the Secretary that the unit meets these criteria.

2845CSR18

14.5. Any incinerator or combustor subject to 40 CFRPart 60 Subparts Cb, E, Ea, 0, WWW, BBBB, or FFFF shall be exempt from the requirements ofthis rule. 14.6. Anyincineratororcombustorsubjectto42 U.S.C. §6925,45CSR25 and 33CSR20shallbeexempt from the requirements ofthis ruk 14.7. Anycombustor subjectto 40 CFRPart63, SubpartEEE shallbe exempt from the requirements of this rule. 

### §45-18-15. Effect ofthe

### Rule. 15.1. Nothing in this rule shall be construed to allow or permit the installation, establishment or construction ofa newmunicipal orcommercial solidwaste facility utilizing incineration technology for the purpose ofsolid waste incineration in violation ofW.Va. Code §22-15-19. 

### §45-18-16. Inconsistency Between Rules. 16.1. 

### In the event of any inconsistency between this rule and any other rule of the West Virginia Department ofEnvironmental Protection, the inconsistency shall be resolved by the determination ofthe Secretary and the detennination shall be based upon the application ofthe more stringent provision, term, condition, method orrule.

29

### 45CSR18 TABLE 18-1A Emissions Limits for Small, Medium, and Large 

### HMIWI at Designated Facilities as Set Forthin 45CSR§18-7.2.a.1. Units Emissions Limits Pollutant (7 percent oxygen, dry

### basis) HMIWISize Averaging Time' ComplianceMethod2 Small Medium Large Milligrams per dry 

### standard cubic 3-run average EPAReference Method 5 of Particulate matter meter (mg/dscm) (grains per dry 115 69 (0.03) 34 (I-hourminimum Appendix A-3 of40 CFRPart 60, or standard cubic foot (gr/dscf)) (0.05) (0.015) sample time perrun) EPA Reference Method 26A or29 of Appendix A-8 of40 CFRPart 60. Parts permillion byvolume 3-run average EPAReference Method 10 or lOB of Carbon monoxide (ppmv) 40 40 40 (I-hourminimum AppendixA-4 of40CFRPart 60. sample timel'.er run)

I 

### Nanograms perdry 

### standard cubic meter total dioxins/furans 125 (55) 125 (55) 125 (55) 3-run average EPAReference Method 23 of Dioxins/furans (ng/dscm) (grains perbillion dry 

### or or or (4-hour minimum Appendix A-7 of40 CFRPart 60. standard cubic feet (gr/IO'dscf)) or 2.3 (1.0) 2.3 (1.0) 2.3 (1.0) sample time perrun) ng/dscmTE(1(gr/IO'dscf) 100 100 100 3-run average EPAReference Method 26 or 26A of Hydrogen chloride ppmv or 93% or 93% or 93% (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 6 or 6C of Sulfur dioxide ppmv 55 55 55 (I-hour minimum Appendix A-4 of40 CFRPart 60. sample time perrun) 3-run average EPA Reference Method 7 or 7E of Nitrogen oxides ppmv 250 250 250 (I-hourminimum Appendix A-4 of40 CFRPart 60. sample time perrun) mg/dscm (grains per thousand dry 1.2 

### (0.52) 1.2 (0.52) 1.2 (0.52) 3-run average EPAReference Method 29 of Lead (I-hour minimum standard cubic feet (gr/IO'dscf)) or 70% or 70% or 70% sample time perrun) Appendix A-8 

### of40 CFR Part 60. 0.16 0.16 0.16 3-run average EPAReference Method 29 of Cadmium mg/dscm (grIlO'dscf) (0.07) (0.07) (0.07) (I-hourminimum Appendix A-8 

### of40 CFRPart 60. or 65% or 65% or 65% sample time perrun)

0.55 0.55 0.55 3-run average EPAReference Method 29 of Mercury mg/dscm (gr/IO'dscf) (0.24) (0.24) (0.24) (I-hourminimum Appendix A-8 

### of40 CFRPart 60. or 85% or 85% or 85% sample time perrun)
-_. --_. 

### 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 2Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 3045CSR18 TABLE 18-1B Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Set Forth in45CSR§§18-7.2.a.l and 7.2.a.2. Units Emissions Limits Pollutant (7 percent oxygen, drybasis) HMIWISize Averaging Time' Compliance Method2 Small Medium Large

I Particulate matter Milligrams per dry standard cubic 3·run average EPA Reference Method 5 of 66 46 25 Appendix A-3 of40 CFRPart 60, or meter (mg/dscm) (grains per dry (0.029) (0.020) (0.011) (I-hourminimum EPAReference Method 26A or 29 of standard cubic foot (gr/dscf)) sample time perrun) Appendix A-8 of40 CFRPart 60. Parts permillion by volume 3-run average EPAReference Method 10 or lOB of Carbon monoxide 20 5.5 II (l-hourminimum (ppmv) sample time perrun) Appendix A-4 of40 CFRPart 60. Nanogramsper dry standard cubic 0.85 metertotal dioxins/furans 16(7.0) (0.37) 9.3 (4.1) 3-run average EPAReference Method 23 of Dioxins/furans (ng/dscm) (grains perbillion dry or 0.0l3 or 0.020 or 0.054 (4-hour minimum Appendix A-7 of40 CFRPart 60. standard cubic feet (gr/lO'dscf)) or (0.0057) (0.0087) (0.024) sample time perrun) ng/dscmTEQ (gr/lO'dscf) 3-run average EPAReference Method 26 or 26A of Hydrogen chloride ppmv 

### 44 7.7 6.6 (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 6 or 6C of Sulfur dioxide ppmv 4.2 4.2 9.0 (I-hourminimum Appendix A-4 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 7 or 7E of Nitrogen oxides ppmv 190 190 140 (I-hourminimum Appendix A-4 of40 CFRPart 60. sample time perrun) mg/ dscm (grains perthousand dry 0.31 0.018 0.036 3-run average EPAReference Method 29 of Lead standard cubic feet (gr/lO'dscf)) (0.14) (0.0079) (0.016) (l-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 0.017 0.013 0.0092 3-run average EPAReference Method 29 of Cadmium mg/dscm (grIlO'dscf) (0.0074) (0.0057) (0.0040) (l·hour minimum Appendix A-8 of40 CFRPart 60. sample time perrun) 0.014 O.oz5 0.018 3-run average EPAReference Method 29 of Mercury mg/dscm (grIlO'dscf) (0.0061) (0.011) (0.0079) (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 'Does notinclude CEMS and approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 3145CSR18 TABLE 18-2A Emissions Limits for SmaU HMIWI Which Meet the CriteriaUnder 45CSR§18-7.3.b.1.
PoUutant Units 

### HMIWI Averaging Time' Compliance Method' (7 percent oxygen, dry basis) Emissions Limits 3-run average EPA Reference Method 5 ofAppendix A-3 of Particulate matter mg/dscm (gr/dscf) 197 (0.086) (I-hourminimum 40 CFRPart 60, or EPA Reference Method 26A or sample time perrun) 29 ofAppendix A-8 of40 CFR Part 60. 3-run average EPAReference Method 10 or lOB of Carbon monoxide ppmv 40 (I-hourminimum Appendix A-4 of40 CFRPart 60. sample time perrun) ng/dscmtotal dioxins/furans 800 (350) or 3-run average EPAReference Method 23 of Dioxins/furans (gr/l0'dscf) orng/dscmTEQ 15 (6.6) (4-hour minimum Appendix A-7 of40 CFRPart 60. (grlIO'dscfl sample time"'perrun) 3-run average EPA Reference Method 26 or 26A of Hydrogen chloride ppmv 3,100 (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 6 or 6C of Sulfur dioxide ppmv 55 (I-hourminimum Appendix A-4 of40 CFR Part 60. sample time perrun) 3-run average EPAReference Method 7 or 7E of Nitrogen oxides ppmv 250 (I-hourminimum Appendix A-4 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 29 of Lead mg/dscm (gr/l0'dscf) 10 (4.4) (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 29 of Cadmium mg!dscm (grlI0'dscf) 4 (1.7) (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 3-run average EPA Reference Method 29 of Mercury mg!dscm (gr/IO'dscf) 7.5 (3.3) (I-hour minimum Appendix A-8 of40 CFRPart 60. sample time perrun) 'Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 'Does not include CEMS and approved alternative non-EPA test methods allowed under40 CFR §60.56c(b).

< 3245CSR18 TABLE 18-2B Emissions Limits for Small HMlWI Which Meet the CriteriaUnder 45CSR§18-7.3.b.2. Pollutant Units HMlWI Averaging Time' Compliance Method' (7 percent oxygen, drybasis) Emissions Limits 3-run average EPAReference Method 5 ofAppendix A-3 of Particulate matter mg!dscm (gr/dscf) 87 (0.038) (I-hourminimum 40 CFRPart 60, orEPAReference Method 26A or sample time per run) 29 ofAppendixA-8 of40 CPR Part 60. 3-run average EPA Reference Method 10 or lOB of Carbonmonoxide ppmv 20 (I-hourminimum AppendixA-4 of40 CPRPart 60. sample timeperrun) ng! dscmtotal dioxins/furans 240 (100) 3-run average EPAReference Method 23 of Dioxins/furans (gr/109 dscf) orng!dscmTEQ or 5.1 (2.2) (4-hourminimum AppendixA-7 of40 CPRPart 60. (gr/I09dscf) sample timeperrun) 3-run average EPAReference Method 26 or 26Aof Hydrogen chloride ppmv 810 (I-hour minimum AppendixA-8 of40 CFRPart 60. sample time perrun) 3-run average EPAReference Method 6 or 6C of Sulfur dioxide ppmv 55 (I-hourminimum AppendixA-4 of40 CFRPart 60. sample timeperrun) 3-run average EPAReferenceMethod 7 or 

### 7E of Nitrogen oxides ppmv 130 (I-hourminimum Appendix A-4 of40 CPRPart 60. sample time.perrun) 3-run average EPAReferenceMethod 29 of Lead mg!dscm (gr/IO'dscf) 0.50 (0.22) (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time-"per run) 3-run average EPAReference Method 29 of Cadmium mg!dscm (grIlO'dscf) 0.11 (0.048) (I-hourminimum AppendixA-8 of40 CPRPart 60. sample time perrun) 3-run average EPAReference Method 29 of Mercury mg!dscm (grIlO'dscf) 0.0051 (0.0022) (I-hourminimum Appendix A-8 of40 CFRPart 60. sample time perrun) 'Except as allowed under40 CFR §60.56c(c) for HMIWI equippedwith CEMS. 'Does not include CEMS and approved alternative non-EPAtest methods allowed under 40 CFR §60.56c(b).

33

### 45CSR18 TABLE 1S-1C Emission 

### Limits for Existing Commercial and Industrial Solid Waste Incineration Units Air Pollutant Emission Limit' Averaging Time Performance TestMethods Cadmium 0.004 milligrams per dry 

### standard 3-run average (1 hour minimum sample time Performance test (Method 29 of40 CFR Part cubic meter. per run). 60, Appendix A)

I 

### Carbon monoxide 157 parts per million by dry 

### volume. 3-run average (1 hour minimum sample time Performance test (Method 10, lOA, or lOB,
I 

### perrun). of40 CFRPart 60, Appendix A)

Dioxins/furans (toxic 0.41 nanograms per dry 

### standard 3-run average (1 hour minimum sample time Performance test (Method 23 of40 CFRPart equivalency basis) cubic meter. perrun). 60, Appendix A) Hydrogen chloride 62 parts permillion by dry 

### volume. 3-run average (1 hourminimum sample time Performance test (Method 26A of40 CFR perrun). Part 60, Appendix A) Lead 0.04 milligrams per dry 

### standard 3-run average (1 hour minimum sample time Performance test (Method 29 of40 CFRPart cubic meter. perrun). 60, Appendix A) Mercury 0.47 milligrams per dry 

### standard 3-run average (1 hour minimum sample time Performance test (Method 29 of40 CFRPart cubic meter. perrun). 60, Appendix A) Opacity 10 percent 6-minute averages Performance test (Method 9 of40 CFRPart 60, Appendix A) Oxides ofnitrogen 388 partspermillion by dry 

### volume. 3-run average (1 hour minimum sample time Performance test (Method 7, 7 A, 7C, 7D, or perrun). 7E of40 CFRPart 60, Appendix A) Particulate matter 70 milligrams per dry 

### standard 3-run average (1 hourminimum sample time Performance test (Method 5 or 29 of40 CFR cubic meter. perrun). Part 60, Appendix A) Sulfur dioxide 20 parts permillion by dry 

### volume. 3-run average (1 hour minimum sample time Performance test (Method 6 or 6C of40 CFR perrun). Part 60, Appendix A) All emission limitations (except for opacity) are measured at 7 percent oxygen, dry

### basis at standard conditions.

34

# APPENDIX B

West VirginiaAirPollution ControlAct(§§22-5-1 etseq.) I f 

# ! 

# ! f 

# ! ; ,**~**

IWV Code Chapter 22 Article 5

WEST VIRGINIA CODE CHAPTER 22. ENVIRONMENTAL RESOURCES. ARTICLE 5. AIR POLLUTION CONTROL. §21-5-1. Declaration of policy and purpose. Page 1 of 14

It is hereby declared to be the public policy of this state and the purpose of this article to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development ofthis state and facilitate the enjoyment of the natural attractions of this state. To these ends it is the purpose of this article to provide for a coordinated statewide program of air pollution prevention, abatement and control; to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; to assure the economic competitiveness of the state by providing for the timely processing of permit applications and other authorizations under this article; and to provide a framework within which all values may be balanced in the public interest. Further, it is the public policy of this state to fulfill its primary responsibility for assuring air quality pursuant to the "Federal Clean Air Act," as amended. §22-5-2. Definitions, The terms used in this article are defined as follows: (1) "Air pollutants" means solids, liquids or gases which, if discharged into the air, may result in a statutory air pollution. (2) "Board" means the air quality board continued pursuant to the provisions of article two, chapter twenty-two-b of this code. (3) "Director" means the director of the division of environmental protection or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one, chapter twenty-two of this code. (4) "Discharge" means any release, escape or emission of air pollutants into the air. (5) "Person" means any and all persons, natural or artifiCial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature. (6) "Statutory air pollution" means and is limited to the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property. §22-5-3. Causing statutory pollution unlawful; article not to provide persons with additional legal remedies. It is unlawful for any person to cause a statutory air pollution, to violate the provisions of this article, to violate any rules promulgated pursuant to this article to operate any facility subject to the permit requirements of the director without a valid permit, or to knowingly misrepresent to any person in the state of West Virginia that the sale of air pollution control eqUipment will meet the standards of this article or any rules promulgated pursuant to this article. Nothing contained in this article provides any person with a legal remedy or basis for damages or other relief not othelWise available to such person immediately prior to enactment of this article. §22-5-4. Powers and duties of director; and legal services; rules. (a) The director is authorized:

http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 

### 9/6/2011

### WV Code Chapter 22 Article 5 Page 2 of 14

(1) To develop ways and means for the regulation and control of pollution ofthe air ofthe state; (2) To advise, consult and cooperate with other agencies of the state, political subdivisions of the state, other states, agencies of the federal government, industries, and with affected groups in furtherance of the declared purposes of this article; (3) To encourage and conduct such studies and research relating to air pollution and its control and abatement as the director may deem advisable and necessary; (4) To promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code not inconsistent, with the provisions of this article, relating to the control of air pollution: Provided, That no rule of the director shall specify a particular manufacturer of equipment nor a single speCific type of construction nor a particular method of compliance except as specifically required by the "Federal Clean Air Act," as amended, nor shall any such rule apply to any aspect of an employer-employee relationship: Provided, however, That no legislative rule or program of the director hereafter adopted shall be any more stringent than any federal rule or program except to the limited extent that the director first makes a specific written finding for any such departure that there exists scientifically supportable evidence for such rule or program reflecting factors unique to West Virginia or some area thereof; (5) To enter orders requiring compliance with the provisions of this article and the rules lawfully promulgated hereunder; (6) To consider complaints, subpoena witnesses, administer oaths, make investigations and hold hearings relevant to the promulgation of rules and the entry of compliance orders hereunder; (7) To encourage voluntary cooperation by municipalities, counties, industries and others in preserving the purity of the air within the state; (8) To employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary, incident or convenient to the accomplishment of the purpose of this article; (9) To enter and inspect any property, premise or place on or at which a source of air pollutants is located or is being constructed, installed or established at any reasonable time for the purpose of ascertaining the state of compliance with this article and rules promulgated under the provisions of this article. No person shall refuse entry or access to any authorized representative of the director who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection: Provided, That nothing contained in this article eliminates any obligation to follow any process that may be required by law; (10) Upon reasonable evidence of a violation of this article, which presents an imminent and serious hazard to public health, to give notice to the public or to that portion of the public which is in danger by any and all appropriate means; (11) To cooperate with, receive and expend money from the federal government and other sources; and the director may cooperate with any public or private agency or person and receive therefrom and on behalf ofthe state gifts, donations, and contributions, which shall be deposited to the credit of the "Air Pollution Education and Environment Fund" which is hereby continued in the state treasury. The moneys collected pursuant to this article which are directed to be depOSited in the air pollution education and environment fund must be deposited in a separate account in the state treasury and expenditures for purposes set forth in this article are not authorized from collection but are to be made only in accordance with appropriation and in accordance with the provisions of articlethree, chapter twelve of this code and upon fulfillment of the provisions set forth in article two, chapter five-a ofthis code. Amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature; (12) To represent the state in any and all matters pertaining to plans, procedures and negotiations for interstate compacts in relation to the control of air pollution; (13) To appoint advisory councils from such areas of the state as he or she may determine. The members shall possess some knowledge and interest in matters pertaining to the regulation, control and abatement of air pollution. The council may advise and consult with the director about all matters pertaining to the regulation, control and abatement of air pollution within such area;



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 916/2011

### WV Code Chapter 22 Article 5 Page 3 of 14

(14) To require any and all persons who are directly or indirectly discharging air pollutants into the air to file with the director such information as the director may require in a form or manner prescribed by him or her for such purpose, including, but not limited to, location, size and height of discharge outlets, processes employed, fuels used and the nature and time periods of duration of discharges. Such information shall be filed with the director, when and in such reasonable time, and in such manner as the director may prescribe; (15) To require the owner or operator of any stationary source discharging air pollutants to install such monitoring equipment or devices as the director may prescribe and to submit periodic reports on the nature and amount of such discharges to the director; (16) To do all things necessary and convenient to prepare and submit a plan or plans for the implementation, maintenance and enforcement of the "Federal Clean Air Act," as amended: Provided, That in preparing and submitting each such plan the director shall establish in such plan that such standard shall be first achieved, maintained and enforced by limiting and controlling emissions of pollutants from commercial and industrial sources and locations and shall only provide in such plans for limiting and controlling emissions of pollutants from private dwellings and the curtilage thereof as a last resort: Provided, however, That nothing herein contained affects plans for achievement maintenance and enforcement of motor vehicle emission standards and of standards for fuels used in dwellings; (17) To promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, providing for the following: (A) Procedures and requirements for permit applications, transfers and modifications and the review thereof; (6) Imposition of permit application and transfer fees; (C) Establishment of criteria for construction, modification, relocation and operating permits; (D) Imposition of permit fees and of certificate fees: Provided, That any person subject to operating permit fees pursuant to section twelve ofthis article is exempt from imposition ofthe certificate fee; and (E) Imposition of penalties and interest for the nonpayment offees. The fees, penalties and interest shall be deposited in a special account in the state treasury deSignated the "Air Pollution Control Fund", formerly the "Air Pollution Control Commission Fund", which is hereby continued to be appropriated for the sale purpose of paying salaries and expenses of the board, the office of air quality and their employees to carry out the provisions of this article: ProVided, That the fees, penalties and interest collected for operating permits required by section twelve of this article shall be expended solely to cover all reasonable direct and indirect costs required to administer the operating permit program. The fees collected pursuant to this subdivision must be deposited in a separate account in the state treasury and expenditures for purposes setforth in this article are not authorized from collections but are to be made only in accordance with appropriation and in accordance with the provisions of article three, chapter twelve ofthis code and upon fulfillment ofthe provisions set forth in article two, chapter five-a ofthis code. Amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature: Provided, however, That for fiscal year one thousand nine hundred ninety-three, expenditures are permitted from collections without appropriation by the Legislature; and (18) Receipt of any money by the director as a result of the entry of any consent order shall be deposited in the state treasury to the credit ofthe air pollution education and environment fund. (b) The attorney general and his or her assistants and the prosecuting attorneys ofthe several counties shall render to the director without additional compensation such legal services as the director may require ofthem to enforce the provisions of this article. §22·S-S. Issuance of cease and desist orders by director; service; permit suspension. modification and revocation; appeals to board. If, from any investigation made by the director or from any complaint filed with him or her, the director is of the opinion that a person is violating the provisions ofthis article. or any rules promulgated pursuant thereto, he or she shall make and enter an order directing the person to cease and desist the activity, unless the director determines the violation is of a minor



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 4 of 14

nature or the violation has been abated. The director shall fix a reasonable time in such order by which the activity must stop or be prevented. The order shall contain the findings of fact upon which the director determined to make and enter the order. If, after any investigation made by the director, or from any complaint filed with him or her, the director is ofthe opinion that a permit holder is violating the provisions of this article, or any rules promulgated pursuant thereto, or any order of the director, or any provision of a permit, the director may issue notice of intent to suspend, modify or revoke and reissue such permit. Upon notice of the director's intent to suspend, modify or revoke a permit, the permit holder may request a conference with the director to show cause why the permit should not be suspended, modified or revoked. The request for conference must be received by the director within fifteen days following receipt of notice. After conference or fifteen days after issuance of notice of intent, if no conference is requested, the director may enter an order suspending, modifying or revoking the permit and send notice to the permit holder. Such order is a cease and desist order for purposes of administrative and judicial review and shaH contain findings of fact upon which the director determined to make and enter the order. If an appeal of the director's order is filed, the order of the director shall be stayed from the date of issuance pending a final decision ofthe board. The director shall cause a copy of any such order to be served upon the person by registered or certified mail or by any proper law-enforcement officer. Any person upon whom a copy of the final order has been served may appeal such order to the air quality board pursuant to the provisions of article one, chapter twenty-two-b ofthis code. §22-5-6. Penalties; recovery and disposition; duties of prosecuting attorneys. (a) Any person who violates any provision of this article, any permit or any rule or order issued pursuant to this article or article one, chapter twenty-two-b ofthis code is subject to a civil penalty not to exceed ten thousand dollars for each day of such violation, which penalty shall be recovered in a civil action brought by the director in the name of the state of West Virginia in the circuit court of any county wherein the person resides or is engaged in the activity complained of or in the circuit court of Kanawha County. The amount of the penalty shall be fixed by the court without a jury: Provided, That any person is not subject to civil penalties unless the person has been given written notice thereof by the director: Provided, however, That for the first such minor violation, if the person corrects the violation within the time as was specified in the notice of violation issued by the director, no civil penalty may be recovered: Provided further, That if the person fails to correct a minor violation or for any serious or subsequent serious or minor violation, the person is subject to civil penalties imposed pursuant to this section from the first day ofthe violation notwithstanding the date ofthe issuance or receipt ofthe notice of violation. The director shall, by rule subject to the provisions of chapter twenty-nine-a of this code, determine the definitions of serious and minor violations. The amount of any penalty collected by the director shall be deposited in the general revenue of the state treasury according to law. (b)(1) Any person who knowingly misrepresents any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions ofthis article or any rules promulgated under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than twenty-five thousand dollars or imprisoned in the county jail not more than six months or both fined and imprisoned: Provided, That if the violation occurs on separate days or is continuing in nature, the fine shall be no more than twenty-five thousand dollars for each day ofsuch violation. (2) Any person who knowingly violates any provision of this article, any permit or any rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than twenty-five thousand dollars for each day of such violation or imprisoned in the county jail not more than one year or both fined and imprisoned. (c) Upon a request in writing from the director it is the duty of the attorney general and the prosecuting attorney of the county in which any such action for penalties accruing under this section or section seven of this article may be brought to institute and prosecute all such actions on behalf ofthe director. (d) For the purpose ofthis section, violations on separate days are separate offenses.



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 5 of 14

§22-5-7, Applications for injunctive relief, The director may seek an injunction against any person in violation of any provision of this article or any permit, rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code, In seeking an injunction, it is not necessary for the director to post bond nor to allege or prove at any stage of the proceeding that irreparable damage will occur if the injunction is not issued orthat the remedy at law is inadequate. An application for injunctive relief brought under this section or for civil penalty brought under section six of this article may be filed and relief granted notwithstanding the fact that all administrative remedies provided in this article have not been exhausted or invoked against the person or persons against whom such relief is sought. In any action brought pursuant to the provisions of section six or ofthis section, the state, or any agency ofthe state which prevails, may be awarded costs and reasonable attorney's fees. §22-5-8, Emergencies, Whenever air pollution conditions in any area of the state become such as, in the opinion of the director, to create an emergency and to require immediate action for the protection of the public health, the director may, with the written approval of the governor, so find and enter such order as it deems necessary to reduce or prevent the emission of air pollutants substantially contributing to such conditions. In any such order the director shall also fix a time, not later than twenty-four hours thereafter, and place for a hearing to be held before it for the purpose of investigating and determining the factors causing or contributing to such conditions. A true copy of any such order shall be served upon persons whose interests are directly prejudiced thereby in the same manner as a summons in a civil action may be served, and a true copy of such order shall also be posted on the front door of the courthouse of the county in which the alleged conditions originated. All persons whose interests are prejudiced or affected in any manner by any such order shall have the right to appear in person or by counsel at the hearing and to present evidence relevant to the subject of the hearing. Within twentyfour hours after completion of the hearing the director shall affirm, modify or set aside said order in accordance and consistent with the evidence adduced. Any person aggrieved by such action ofthe director may thereafter apply by petition to the circuit court of the county for a review ofthe director's action. The circuit court shall forthwith fix a time for hearing de novo upon the petition and shall, after such hearing, by order entered of record, affirm, modify or set aside, in whole or in part, the order and action of the director. Any person whose interests shall have been substantially affected by the final order ofthe circuit court may appeal the same to the supreme court of appeals in the manner prescribed by law. §22-5-9, Powers reserved to secretary of the department of health and human resources, commissioner of bureau of public health, local health boards and political subdivisions; conflicting statutes repealed, Nothing in this article affects or limits the powers or duties heretofore conferred by the provisions of chapter sixteen of this code upon the the secretary of the department of health and human resources, the commissioner of the bureau of public health, county health boards, county health officers, municipal health boards, municipal health officers, combined boards of health or any other health agency or political subdivision of this state except insofar as such powers and duties might otherwise apply to the control, reduction or abatement of air pollution. All existing statutes or parts of statutes are, to the extent of their inconsistencies with the provisions of this article and to the extent that they might otherwise apply to the control, reduction or abatement of air pollution, hereby repealed: Provided, That no ordinance previously adopted by any municipality relating to the control, reduction or abatement of air pollution is repealed by this article. §22-5-10, Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy, (a) All air quality data, emisSion data, permits, compliance schedules, orders of the director, board orders and any other information required by a federal implementation program (all for convenience hereinafter referred to in this section as "records, reports, data or information") obtained under this article shall be available to the public, except that upon a showing satisfactory to the director, by any person, that records, reports, data or information or any particular part thereof, to which the director has access under this article if made public, would divulge methods or processes entitled to protection as trade secrets of the person, the director shall consider these records, reports, data or information or a particular portion thereof confidential: Provided, That this confidentiality does not apply to the types and amounts of air pollutants discharged and that these records, reports, data or information may be disclosed to other officers, employees or authorized representatives of the state or of the federal environmental protection agency concerned with enforcing this article, the federal Clean Air Act, as amended, or the federal Resource Conservation and Recovery Act, as amended, when relevant to any official proceedings thereunder: Provided, however, That the officers, employees or authorized representatives of the state or federal environmental protection agency protect these records, reports, data or information to the same degree


### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 

### 9/6/2011

### WV Code Chapter 22 Article 5 Page 6 of 14

required of the director by this section. The director shall promulgate legislative rules regarding the protection of records, reports, data or information, or trade secrets, as required by this section. (b) Upon receipt of a request for records, reports, data or information which constitute trade secrets and prior to making a final determination to grant or deny the request, the director shall notify the person claiming that any record, report, data or information is entitled to protection as a trade secret, and allow the person an opportunity to respond to the request in writing. (c) All requests to inspect or copy documents must state with reasonable specificity the documents or type of documents sought to be inspected or copied. Within five business days of the receipt of a request, the director or his or her designate shall by order: (1) Advise the person making the request of the time and place at which the person may inspect and copy the documents, which, if the request addresses information claimed as confidential, may not be sooner than thirty days following the date of the determination to disclose, unless an earlier disclosure date is agreed to by the person claiming the confidentiality; or (2) deny the request, stating in writing the reasons for denial. Ifthe request addresses information claimed as confidential, notice of the action taken pursuant to this subsection shall also be provided to the person asserting the claim of confidentiality. Any person adversely affected by a determination, by order or otherwise, regarding information confidentiality under this article may appeal the determination to the air quality board pursuant to the provisions of article one, chapter twenty-two-b of this code. The filing of a timely notice of appeal shall stay any determination, by order or otherwise, to disclose confidential information pending a final decision on the appeal. The scope of review is limited to the question of whether the records, reports, data or other information, or any particular part thereof sought to be inspected or copied, are entitled to be treated as confidential under subsection (a) of this section. The air quality board shall afford evidentiary protection in appeals as is necessary to protect the confidentiality of the information at issue, including the use of in camera proceedings and the sealing of records where appropriate. (d) In lieu of the provision of chapter twenty-nine-b of this code, the provision of this section shall apply to determinations of confidentiality. §22-5-11. Construction, modification or relocation permits required for stationary sources ofair pollutants. (a) Unless otherwise specifically provided in this article, no person shall construct, modify or relocate any stationary source of air pollutants without first obtaining a construction, modification or relocation permit as provided in this article. (b) The secretary shall by rule specify the class or categories of stationary sources to which this section applies. Application for permits shall be made upon such form, in such manner, and within such time as the rule prescribes and shall include such information, as in the judgment of the secretary, will enable him or her to determine whether such source will be so designed as to operate in conformance with the provisions of this article or any rules ofthe secretary. (c) Unless otherwise specifically provided in this article, the secretary shall issue a permit for a major stationary source within a reasonable time not to exceed three hundred sixty-five calendar days, after the secretary determines that the application is complete. (d) Unless otherwise specifically provided in this article, the secretary shall issue a permit for all other sources including modifications of existing major stationary sources which are not major modifications within a reasonable time not to exceed ninety calendar days, after tbe date the secretary determines the application is complete. The Secretary may extend this time by thirty calendar days to allow for public comment. (e) A permit application will be denied if the secretary determines that the proposed construction, modification or relocation will not be in accordance with this article or rules promulgated thereunder. (I) For purposes of this section, a modification is any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant discharged by a source above the de minimis level set by the secretary. (9) With respect to the construction of new nonmajor stationary sources, or modifications of nonmajor stationary sources, or modifications which are not major modifications to existing major stationary sources, or relocations of nonmajor stationary sources, the following requirements apply:



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 7 of!4

(1) The secretary shall issue an administrative update to a permit issued under this section with respect to any of these sources, unless he or she determines that the proposed administrative update will not be in accordance with this article or rules promulgated hereunder, in which case the secretary shall issue an order denying the administrative update. Any administrative update shall be issued by the secretary within a reasonable time not to exceed sixty calendar days after receipt of a complete application. Administrative updates are minor revisions of existing permits as further described and authorized by rule. (2) The secretary shall, within a reasonable time not to exceed forty-five calendar days after the date the secretary determines that an application is complete, issue a registration under a general permit applicable to any of these sources, unless he or she determines that the proposed construction, modification or relocation will not be in accordance with this article or rules promulgated hereunder. General permits are permits authorizing the construction, modification or relocation of a category of sources by the same owner or operator or involving the same Of similar processes or pollutants upon the terms and conditions specified in the general permit for those types of sources. (3) The secretary shall, within a reasonable time not to exceed forty-five calendar days after receipt of a complete application, issue a temporary permit or a relocation permit, unless he or she determines that the proposed construction, modification or relocation will not be in accordance with this article Of rules promulgated hereunder. Temporary permits are permits authorizing the owner or operator to make limited changes for limited periods of time as further described and authorized by rule. (h) The secretary shall determine whether an application filed under this section is complete within thirty calendar days after receipt of that application at which time the secretary shall notify the applicant in writing as to whether the application is complete or specify any additional information required for the application to be complete. (i) The secretary, shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty nine-a ofthis code, to implement the provisions ofthis section by the first day ofAugust, two thousand eight. §22-5-11a. Activities authorized in advance of permit issuance. (a) With respect to the modifications of nonmajor stationary sources, or modifications which are not major modifications to existing major stationary sources, the following activities are authorized in advance of permit issuance. Any authorized activities undertaken by or on behalf ofthe permit applicant prior to the issuance of a final permitting action by the secretary are undertaken at the permit applicant's own risk and with the knowledge that the application for a permit or permit modification may be denied: (1) Receiving or storing on-site or off-site allY equipment or supplies which make up in part or in whole an emission unit or any support eqUipment, facilities, building or structure. (2) A person who holds an active West Virginia air quality permit issued under this article at an existing source, and who has applied to the secretary for permission to alter, expand or modify that source or to allow a new emissions unit at that source, may begin the construction of any such alteration, expansion, modification or new emission unit in advance of permit issuance in accordance with this section. The person may not operate any altered, expanded, modified or new emission unit without first obtaining an air quality permit as required by rules promulgated by the secretary. (3) The following sources are ineligible for submiSSion of an application for permission to commence construction in advance of permit issuance: (A) Sources subject to the "Federal Clean Air Act" subsections 112(g) or 1120). (8) Sources seeking federally enforceable permit conditions in order to avoid otherwise applicable standards; (C) Sources requiring a specific case-by-case emission limitation or standard under 45CSR21 or 45CSR27. (4) (A) To qualify for the authorization to construct in advance of permit issuance as provided in this section, the permittee shall submit to the secretary an application for permission to commence construction in advance of permit issuance. (8) Such application for permission to commence construction shall include all ofthe following: (1) The name and location ofthe source and the name and address ofthe permittee;



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 916/2011

### WV Code Chapter 22 Article 5 Page 8 of 14

(2) The permit number of each active permit issued under this article for such source; (3) The nature ofthe sources and equipment associated with such alteration, expansion, modification or new emission unit; (4) An estimate of the maximum hourly and annual emissions of regulated air pollutants increased as a result of such alteration, expansion, modification or new emission unit; (5) The air pollution control devices or methods that are to be employed in connection with the alteration, expansion, modification or new emission unit; (6) A listing ofthe applicable state and federal air quality regulatory requirements for alteration, expansion, modification or new emission unit, and sufficient information which, in the judgement of the secretary, will demonstrate compliance with any applicable state and federal air quality regulatory requirements; (7) The anticipated construction or building schedule for alteration, expansion, modification or new emission unit; (8) A certification signed by the responsible official that the source, equipment and devices that are subject to a request for construction authorization will not be operated until the penmittee has obtained a permit under rules promulgated by the secretary; (9) A certification by the responsible official that any construction undertaken prior to the issuance of a final permit under rules ofthe secretary is undertaken at the permittee's own risk and with the knowledge that the permittee may be denied a permit or permit modification without regard to the permittee's financial investment or addition to or modification of the source; (10) A certification Signed by the responsible official that all of the information contained in the application is complete and accurate to the best ofthe responsible official's knowledge and ability; and (11) Upon submission of the application for permission to construct, the applicant shall give notice by publishing a Class I legal advertisement of the applicant's intent to alter or expand the physical arrangement or operation of an existing stationary source and the opportunity to provide written comment to the secretary within thirty calendar days of the publication. The applicant shall post a visible and accessible sign, at a minimum 2 feet square, at the entrance to the source or proposed site. The sign must be clearly marked indicating that an air quality permit has been applied for and include the West Virginia Division of Air Quality permitting section telephone number and web site for additional infonmation. The applicant must post the sign for the duration of the public notice period. Public notice shall be in a newspaper having general circulation in the county or counties where the facility is located. The notice shall contain the information required by rules promulgated by the secretary. Within fifteen days of completion of the public comment period, the secretary shall consider and respond to all written comments. Ifthe secretary finds that concerns raised by the public comment period give rise to issues or concerns that would cause a construction or operational permit not to be issued, the secretary may issue a revocation or stay of the authorization to construct until those issues or concerns are resolved. (c) The secretary shall determine whether an application for penmission to commence construction in advance of permit issuance is complete within fifteen calendar days after receipt ofthe application at which time the secretary shall notify the applicant in writing as to whether the application is complete or specify any additional information required for the application to be complete. (d) Within fifteen calendar days after the secretary has made a determination that an application for permission to commence construction in advance of permit issuance is complete, unless the secretary for good cause shown, extends the fifteen day time period for up to an additional fifteen calendar days, the secretary shall notify the applicant in writing of his or her determination as to whether each of the following conditions has or has not been satisfied: (1) The applicant is and has been for a period of at least three years in substantial compliance with all other active permits and applicable state and federal air quality regulatory requirements under this article; (2) The applicant has demonstrated that the alteration, expansion, modification or new emission unit will be in compliance with all applicable state and federal air quality regulatory requirements;



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 9 of 14

(3) The alteration, expansion, modification or new emission unit will not interfere with attainment or maintenance of an applicable ambient air quality standard, cause or contribute to a violation of an applicable air quality increment or be inconsistent with the intent and purpose ofthis article; (4) The facility will be altered or expanded so that it will be used for either the same or a similar use as the use already permitted; (5) The alteration or expansion will not result in a disproportionate increase in size ofthe facility already permitted; and (6) The alteration or expansion will result in the same or substantially similar emissions as the facility already permitted. If the secretary finds that all of the conditions have been satisfied, the notice issued by the secretary shall state that construction of the alteration, expansion, modification or new emission unit in advance of permit issuance may begin immediately. If the secretary finds that one or more of the conditions has not been met, the notice shall state that the requested construction, alteration, expansion, modification or new emission unit may not begin prior to issuance of a new or modified permit. (e) If at any time during the construction of such alteration, expansion, modification or new emission unit, the secretary determines that the source is not likely to qualify for a permit or penmit modification under applicable rules, the secretary may order that construction cease until the secretary makes a decision on the application for a permit or permit modification. If the secretary orders that construction cease, then construction of the alteration, expansion, modification or new emission unit may resume only if the secretary either makes a subsequent written determination that the circumstances that resulted in such order have been adequately addressed or if the secretary issues a permit or permit modification under the rules that authorize construction to resume. (I) The secretary shall evaluate an application for a permit or permit modification under the rules and make a decision on the same basis as if the construction of the alteration, expansion, modification or new emission unit in advance of permit issuance had not been authorized pursuant to this section. No evidence regarding any contract entered into, financial investment made, construction undertaken, or economic loss incurred by any person or permittee who proceeds under this section without first obtaining a permit under this article is admissible in any contested case orjudicial proceeding involving any permit required under the rules. No evidence as to any detenmination or order by the secretary pursuant to this section shall be admissible in any contested case orjudicial proceeding related to any permit required under this article. (g) Any permittee who proceeds under this section shall be precluded from bringing any action, suit or proceeding against the state, the offiCials, agents, and employees of the state or the secretary for any loss resulting from any contract entered into, financial investment made, construction undertaken, or economic loss incurred by the permittee in reliance upon the provisions ofthis section. (h) This section does not relieve any person of the obligation to comply with any other requirement of state law, including any requirement to obtain any other permit or approval prior to undertaking any activity associated with preparation of the site or the alteration or expansion of the physical arrangement or method of operation of a source at a facility for which a permit is required under the rules. (i) This section does not relieve any person from any preconstruction or construction prohibition imposed by any federal requirement, federal delegation, federally approved requirement in any state implementation plan, or federally approved requirement under the Title V permitting program, as determined solely by the secretary. This section does not apply to any construction, alteration, or expansion that is subject to requirements for prevention of significant deterioration or federal nonattainment new source review, as detenmined solely by the secretary. This section does not apply if it is inconsistent with any federal requirement, federal delegation, federally approved requirement in any state implementation plan, or federally approved requirement under the Title V permitting program, as determined solely by the secretary. 

### OJ A permittee who submits an application to commence construction in advance of permit issuance under this section shall pay to the department a fee of two hundred dollars for each application submitted to cover a portion of the administrative costs of implementing this section. (k) The secretary, in accordance with chapter twenty-nine-a of this code, shall propose legislative rule that may be necessary to implement the provisions ofthis section by the first day of August, two thousand eight.



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 916/2011

### WV Code Chapter 22 Article 5 Page 10 of 14

(I) The secretary is directed to report back to the Joint Committee on Government and Finance by the first day of January, two thousand ten on the impact of the implementation of the expedited permits authorized pursuant to this section. The report shall include, but not be limited to, assessments regarding the number and types of facilities utilizing this section, whether the agency has found this expedited process has assisted these facilities to implement construction and make revisions to their operations efficiently, without adverse impacts on the agency, the permitting process, or state-wide air quality. §22.5.12. Operating permits required for stationary sources of air pollution. No person may operate a stationary source of air pollutants without first obtaining an operating permit as provided in this section. The director shall promulgate legislative rules, in accordance with chapter twenty·nine·a of this code, which specify classes or categories of stationary sources which are required to obtain an operating permit. The legislative rule shall provide for the form and content of the application procedure including time limitations for obtaining the required permits. Any person who has filed a timely and complete application for a permit or renewal thereof required by this section, and who is abiding by the requirements of this article and the rules promulgated pursuant thereto is in compliance with the requirements of this article and any rule promulgated thereunder until a permit is issued or denied. Any legislative rule promulgated pursuant to the authority granted by this section shall be equivalent to and consistent with rules and regulations adopted by the administrator of United States environmental protection agency pursuant to Title IV and Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. §7651 et seq. and 42 U.S.C. §7661 et seq., respectively: Provided, That such legislative rule may deviate from the federal rules and regulations where a deviation is appropriate to implement the policy and purpose of this article taking into account such factors unique to West Virginia. §22-5-13. Consolidation of permits. For permits required by sections eleven and twelve of this article, the director may incorporate the required permits with an existing permit or consolidate the required permits into a single permit. §22-5-14. Administrative review of permit actions. Any person whose interest may be affected, including, but not necessarily limited to, the applicant and any person who participated in the public comment process, by a permit issued, modified or denied by the secretary, or construction authorization pursuant to section eleven·a of this article, may appeal such action of the secretary to the air quality board pursuant to article one, chapter twenty·two·b ofthis code. §22-5-15. Motorvehicle pollution, inspection and maintenance. (a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate and in furtherance of the purposes of this article, the director may provide by legislative rule for the control of emissions from motor vehicles. The legislative rule may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and of vehicles. Any legislative rule pursuant to this section shall be consistent with provisions of federal law, if any, relating to control of emissions from the vehicles concerned. The director shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, approved or otherwise authorized pursuant to federal law. (b) Except as permitted or authorized by law or legislative rule, no person shall fail to maintain in good working order or remove, dismantle or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehicle required by rules of the director to be maintained in or on the vehicle. Any such failure to maintain in good working order or removal, dismantling or causing of inoperability subjects the owner or operator to suspension or cancellation of the registration for the vehicle by the department of transportation, division of motor vehicles. The vehicle is not thereafter eligible for registration until all parts and equipment constituting operational elements ofthe motor vehicle have been restored, replaced or repaired and are in good working order. (c) The department of transportation, division of motor vehicles, department of administration, information and communication services division and the state police shall make available technical information and records to the director to implement the legislative rule regarding motor vehicle pollution, inspection and maintenance. The director may promulgate a legislative rule establishing motor vehicle pollution, inspection and maintenance standards and imposing an



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/20II

### WV Code Chapter 22 Article 5 Page 11 of 14

inspection fee at a rate sufficient to implement the motor vehicle inspection program and shall do so when required pursuant to federal law regarding attainment of ambient air quality standards. (d) The director may promulgate a legislative rule requiring maintenance of features of equipment in or on motor vehicles for the purpose of controlling emissions therefrom and shall do so when required pursuant to federal law regarding attainment of ambient air quality standards, and no motor vehicle may be issued a division of motor vehicles registration certificate, or the existing registration certificate shall be revoked, unless the motor vehicle has been found to be in compliance with the director's legislative rule. (e) The remedies and penalties provided in this section and section one, article three, chapter seventeen-a of this code, apply to violations hereof and the provisions ofsections six or seven ofthis article do not apply thereto. (I) As used in this section "motor vehicle" has the same meaning as in chapter seventeen-c ofthis code. §22-5-16. Small business environmental compliance assistance program, compliance advisory panel. The secretary of the department of commerce, labor, and environmental resources shall establish a small business stationary source technical and environmental compliance assistance program which meets the requirements of Title V of the Clean Air Act Amendments of 1990, 42**U.~.C.** §7661 et seq. A compliance advisory panel composed of seven members appointed as follows shall be created to periodically review the effectiveness and results of this assistance program: (a) Two members who are not owners, nor representatives of owners, of small business stationary sources, selected by the governor to represent the general public; (b) One member selected by the speaker of the House of Delegates who is an owner or who represents owners of small business stationary sources; (c) One member selected by the minority leader of the House of Delegates who is an owner or who represents owners of small business stationary sources; (d) One member selected by the president of the Senate who is an owner or who represents owners of small business stationary sources; (e) One member selected by the minority leader ofthe Senate who is an owner or who represents owners of small business stationary sources; and (I) One member selected by the director to represent the director. §22-5-17. Interstate ozone transport. (a) This section ofthe Air Pollution Control Act may be referred to as the Interstate Ozone Transport Oversight Act. (b) The Legislature hereby finds that: (1) The federal Clean Air Act, as amended, contains a comprehensive regulatory scheme for the control of emissions from mobile and stationary sources, which will improve ambient air quality and health and welfare in all parts of the nation. (2) The number of areas unable to meet national ambient air quality standards for ozone has been declining steadily and will continue to decline with air quality improvements resulting from implementation of the federal Clean Air Act amendments of 1990, and the mobile and stationary source emission controls speCified therein. (3) Scientific research on the transport of atmospheric ozone across state boundaries is proceeding under the auspices of the United States environmental protection agency (U.S. EPA), state agencies, and private entities, which research will lead to improved scientific understanding of the causes and nature of ozone transport, and emission control strategies potentially applicable thereto. (4) The northeast ozone transport commission established by the federal Clean Air Act Amendments of 1990 has proposed emissioncontrol requirements for stationary and mobile sources in certain northeastern states and the District of Columbia in addition to those specified by the federal Clean Air Act amendments of 1990.


### http://www.1egis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 12 of 14

(5) Membership of the northeast ozone transport commission includes, by statute, representatives of state environmental agencies and governors' offices; similar representation is required in the case of other ozone transport commissions established by the Administrator of the United States environmental protection agency pursuant to Section 176A of the federal Clean Air Act, as amended. (6) The northeast ozone transport commission neither sought nor obtained state legislative oversight or approval prior to reaching its decisions on mobile and stationary source requirements for states included within the northeast ozone transport region. (7) The Commonwealth of Virginia and other parties have challenged the constitutionality of the northeast ozone transport commission and its regulatory proposals under the guarantee, compact, and joinder clauses of the United States Constitution. (8) The United States environmental protection agency, acting outside of the aforementioned statutory requirements for the establishment of new interstate transport commissions, is encouraging the state of West Virginia and twenty-four other states outside of the northeast to participate in multistate negotiations through the ozone transport assessment group; such negotiations areintended to provide the basis for an interstate memorandum of understanding or other agreement on ozone transport requiring reductions of emissions of nitrogen oxides or volatile organic compounds in addition to those specified by the federal Clean Air Act amendments of1990, membership of the ozone transport assessment group consists of state and federal air quality officials, without state legislative representation or participation by the governor. (9) Emission control requirements exceeding those specified by federal law can adversely affect state economic development, competitiveness, employment, and income without corresponding environmental benefits; in the case of electric utility emissions of nitrogen oxides, it is estimated that control costs in addition to those specified by the federal Clean Air Act could exceed five billion dollars annually in a thirty-seven state region of the eastern United States, including the state ofWest Virginia. (10) Requiring certain eastern states to meet emission control requirements more stringent than those otherwise applicable to other states and unnecessary for environmental protection would unfairly affect interstate competition for new industrial development and employment opportunities. (c) It is therefore directed that: (1) Not later than ten days subsequent to the receipt by thedirector of the division of environmental protection of any proposed memorandum of understanding or other agreement by the ozone transport assessment group, or similar group, potentially requiring the state of West Virginia to undertake emission reductions in addition to those specified by the federal Clean Air Act, the director of the division of environmental protection shall submit such proposed memorandum or other agreement to the president ofthe Senate and the speaker of the House of Delegates for consideration. (2) Upon receipt of the aforesaid memorandum of understanding or agreement, the President and the Speaker shall refer the understanding or agreement to one or more appropriate legislative committees with a request that such committees convene one or more public hearings to receive comments from agencies of government and other interested parties on its prospective economic and environmental impacts on the state ofWest Virginia and its citizens, including impacts on energy use, taxes, economic development, utility costs and rates, competitiveness and employment. (3) Upon completion of the public hearings required by the preceding subdivision, the committees(s) shall forward to the president and the speaker a report containing its findings and recommendations concerning any proposed memorandum of understandingor other agreement related to the interstate transport of ozone. The report shall make findings with respect to the economic, health, safety and welfare and environmental impacts on the state ofWest Virginia and its citizens, including impacts on energy use, taxes, economic development, utility costs and rates, competitiveness and employment. (4) Upon receipt of the report required by the preceding subdivision, the president and speaker shall thereafter transmit the report to the governor for such further consideration or action as may be warranted. (5) Nothing in this section shall be construed to preclude the Legislature from taking such other action with respect to any proposed memorandum of understanding or other agreement related to the interstate transport of ozone as it deems appropriate.



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 

### 9/6/20 II

### WV Code Chapter 22 Article 5 Page 13 of 14

(6) No person is authorized to commit the state of West Virginia to the terms of any such memorandum or agreement unless specifically approved by an act of the Legislature. §22-5-18. Market-based banking and trading programs, emissions credits; directorto promulgate rules. (a) The director shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, to the full extent allowed by federal and state law, one or more rules establishing a voluntary emissions trading and banking program that provides incentives to make progress toward the attainment or maintenance of the national ambient air quality standards, the reduction or prevention of hazardous air contaminants or the protection of human health and welfare and the environment from air pollution. (b) The director shall establish a system by legislative rule for quantifying, verifying, determining eligibility, registering, trading and using all emissions reduction credits, for banking and trading if achieved after the first day of January, one thousand nine hundred ninety-one, to the extent permitted by federal law. Credits also shall be available for permanent shutdowns. Ten percent of any emission reduction credits registered with the director shall be retired from future use: Provided, That fifty percent of any emission reduction credits generated from permanent shutdowns prior to the effective date ofthe legislative rule or rules promulgated pursuant to this section shall be retired from future use. All other emissions reduction credits registered shall remain in effect until used and debited or retired. Credits not used within ten years shall be retired from future use. The director may charge a reasonable transaction fee at the time any credits are registered and shall deposit the fees in the air pollution control fund. The division may establish the emissions trading program as a state, multistate or regional program as long as the program contributes to the goal of improving the air quality in West Virginia and in the air quality region where the source is located. §22-5-19. Net greenhouse gas inventory. (a) The secretary is authorized to propose legislative rules for promulgation in accordance with article three, chapter twentynine-a ofthis code, establishing a net greenhouse gas inventory to determine whether West Virginia is a net sink or emitter of greenhouse gas and whether greenhouse gas can be developed as an asset for economic development by establishing an inventory using reasonable estimates of current and future greenhouse gas emissions. The inventory shall include all significant emissions, reductions, capture and sequestration of greenhouse gases from stationary, area and mobile sources, such as power plants, waste combustors, natural gas/oil systems, landfills, and waste water treatment facilities, highway and nonroad sources, agricultural sources and shall consider direct (geologic) and indirect (terrestrial) carbon sequestration. Stationary sources are not required to but may submit to the secretary estimates of carbon sequestration activities. (b) To inventory greenhouse gas emissions, the secretary shall establish a program for the reporting and, where information already exists or is reported to the department or other state or federal agency, the collection of greenhouse gas emissions information from all sources that emit greater than a de minimis amount of greenhouse gases on an annual basis. De minimis shall mean emissions from an individual facility that are equal to or less than ten thousand tons per year for carbon dioxide, four hundred seventy-six tons per year for methane, thirty-two and six tenths tons per year for nitrous oxide, eight hundred fifty-five thousandths tons per year for hydrofiuorocarbons, one and nine hundredths tons per year for perfluorocarbons and forty-two hundredths tons per year for sulfur hexafluoride. Stationary sources shall only be required to report the annual quantities of nonmobile source, anthropogenic emissions of greenhouse gases, and shall not be required to report naturally occurring emissions of greenhouse gases. Only those stationary sources who are otherwise required to report emissions of regulated air pollutants under rules promulgated by the secretary pursuant to section four ofthis article, shall be required to report their greenhouse gas emissions under this section. Stationary sources which are not required to report air emissions under this section and are regulated by the secretary under the provisions of article three, chapter twenty-two of this code are not required to, but may voluntarily, report such emissions. The reporting entities will be permitted to provide existing and ongoing documented inventories, such as those provided to the Environmental Protection Agency's Climate Leaders Program, Chicago Climate Exchange Registry, the International Organization for Standardization, the SF6 Emissions Reduction Partnership for Electric Power Systems or other widely recognized and verified greenhouse gas inventory programs to completely fulfill their West Virginia program reporting requirements. (c) The secretary shall establish a voluntary program under which the department registers voluntary reductions in emissions of greenhouse gases for reductions made before mandated by law. The voluntary program shall include. but not be limited to, developing criteria for establishing baseline emissions, quantifying emission reductions and providing public recognition. The department shall consider the information recorded in the voluntary emission reduction registry when


### http://www.legis.state.wv.lls/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

### WV Code Chapter 22 Article 5 Page 14 

### of 14

determining baselines and reduction requirements under future emission reduction programs implemented under federal law. (d) To inventory greenhouse gas reductions, the secretary shall consult and coordinate with other state agencies and higher education institutions, the citizenry and other entities such as industry trade groups that have knowledge or information relating to greenhouse gas emissions. measurement protocols, greenhouse gas reductions and sequestration including, but not limited to, the Department of Agriculture, the Division of Forestry, Marshall University, West Virginia University and the Department ofTransportation. These governmental entities shall enter into interagency agreements with the secretary and shall cooperate by: (i) Providing information relating to greenhouse gas emissions, reductions and sequestration; and (ii) providing any necessary assistance to the secretary in effectuating the purposes of this article. The secretary shall determine the form and format ofthe information submitted by these entities. (e) In establishing the net greenhouse gas inventory program, the department shall make the program as consistent as possible with other state and federal programs designed to monitor, quantify and register reductions in emissions of greenhouse gases as referenced in subsection (b) ofthis section. (I) As used in this section, "greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofturocarbons, perfluorocarbons and sulfur hexafluoride.
Nole: VW Code updated with legislation passed through the 20 1 0 2nd Special Session



### http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=5 9/6/2011

# APPENDIX C

Documentation of Public Participation

j 

# ! , i t

## PUBLIC NOTICE AND HEARING CERTIFICATION

I, 

### Randy C. Huffman, on behalfofthe West Virginia Department of Environmental Protection, hereby certify that public notice and hearing on the Revised III(d)/I29 State Plan to implement "Control of Air Pollution from Combustion of Solid Waste for HospitaVMedical/lnfectious Waste Incinerators" was held prior to adoption of the State Plan 

### in accordance with criteria specified 

### in 40 CFR §60.23(f) and I further certify that the list of attendees, public hearing transcript, written comments and response to the comments are included in the Revised 111(d)/ 129 State Plan.

Cabinet Secretary

Date

### Proposed Revision to the West Virginia Section 

### 111(d)/129 Plan Control ofAir Pollution from Combustion ofSolid Waste for Hospital/Medical/lnfectious Waste Incinerators Notice ofPublic Hearing and Public Comment Period 

### The West Virginia Department ofEnvironmental Protection, Division ofAir Quality (DAQ) is revising the Section 111(d)/129 Plan for the Control ofAir Pollution from Combustion ofSolid Waste for HospitallMedicaVInfectious Waste Incinerators (HMIWl). This plan revision incorporates changes made to rule 45CSRl8

- "Control ofAir Pollution From Combustion ofSolid Waste". This rule change has required DAQ to submit a plan revision for HMIWI, and conduct public hearing (40CFR60 Subsections 60.23 and 60.28). DAQ will hold a public hearing on August 8, 2011 beginning at 5:30 p.m. on aproposed Revised Plan to implement Emission Guidelines for HMIWI. The public hearing is being held to satisfy all requirements for submitting a revised 111(d)1129 State Plan. The proposed revised plan will be submitted to the United States Environmental Protection Agency (USEPA) and supplemented legislative rule 45CSRI8

- "Control ofAir Pollution From Combustion ofSolid Waste," which became effective June 16,2011. This rule gives West Virginia regulatory authority to adopt, implement and enforce the Emission Guidelines requirements for existing HMIWI and the New Source Performance Standards for new facilities, either directly through administrative action requiring compliance with 45CSR18, or by including suchrequirements in State permits, where applicable. Thepublic hearing will be held at the DAQ's conference room 1125, located at 601 57th 

### Street SE, Charleston, West Virginia 25304. Written and oral conunents will be accepted until the close ofthe hearing on August 8, 2011. Conunents will also be accepted bye-mail iftransmitted by 5:30 p.m. on August 8, 2011 to richard.a.boehm@wv.gov
. Written conunents may be submitted by mail, facsimile (304-926-0499 x.1687) or other delivery on or before the hearing at the following address: " John A. Benedict, Director Division ofAir Quality 60 I 57th 

### Street, SE Charleston, WV 25304 Comments submitted by mail must bepostmarked byAugust 8, 2011. Copies ofthe proposed revised State Plan will be available for public review on orbefore July I, 2011, at the Department of Environmental Protection, Division ofAir Quality's Charleston office at the above address. (Appendices to the Plan will be available upon request.)" 

## .

# ~(fl) CHARLESTON NEWSPAPERS P,O. Box 2993 Charleston, West Virginia 25330 Billing 348-4898 Classified 348-4848 I-BOO-WVA-NEWS

ILLED TO 

# L WVDEP AIR QUALITY SANDRA ADKINS 601 57TH ST., SE CHARLESTON WV I DICE DATE A T NBR SALES REP 10 INVOICE NBR



### 25304 USA

Please return this portion with your payment. Make checks payable to: Charleston Newspapers AMOUNT PAID:



### CHARLESTON NEWSPAPERS INVOICE DATE P,O. Box 2993 ACCOUNT NBR SALES REP 10 Charleston, West Virginia 25330 Billing 348-4898 Classified 348-4848**L..._.!.'!:iNV:!l0",'",C",E..!N~B~R~_1-** ________ --' I-BOO-WVA-NEWS Legal pricing is based upon 63 words per column inch. FEIN 55-0676079 Each successive insertion is discounted by 25% of the first insertion rate. Charleston Gazette rate is $.14 and the Metro Putnam rate is word. M



### Richard Bo DM tice of public hea 36311002 Richard Bo 8.82 88.20 88.20 )6/29 LEG

TOTAL INVOICE AMOUNT 

### AFFIDAVIT OF PUBLICATION 

## [**~,tl**

# £~,. THE CHARLESTON GAZET E, THE DAILY MAIL, do solemnly swear that the legal notice of: 

### Notice of public hearing was duly published in said newspaper(s) at the stated price f9 

### ,/ of

\ Subscribed and sworn to before me this ) day**of_""'_~-"""=-,4**___ _ 

### 8.19 81. 

### 90 81.90

170.10**:£WES1'~** OFFICIAL SEAL

# Ii~**O il~~"**  Notary PubliC, State ofWest Virginia**~** ,¥**7~** 0)**~** MARY T PRILLAMAN *

_ _ 11 5508 Ohio Street**~**

..**~ ,~.,**  South Charleston, WV 25309 ,'"

....... ' My commission expi/es April 12, 2021Proposed Revision to the weSt Virginia Section 111 (d)/129 Plan Control ofAir Pollution

from Combustion ofSolid Wastefor Hosp,tal/MecUcoJl Infjdious-Waste
,Incrnirators NoUce**~** Pilbllc

. Hearing and Public Comment .Perlod The West Virginia Department of

_ Envif9nmen· to.'**Protectlo~,** DiVIsIon of Air Quality.(vAQI'S revising the Se;c1ion 1.1 (d)[l29 Plan for the-Control of Air PollutIon .from. Combustion of._ SOJrd·."-.Wasfe for HospltaVMedlCtiVlnfedlou s Waste Incinerators (I-IMIWI). This plan revl· sian lncorporqles .changes
. made to- .rule 4SCSR18 - 'Control of Air Pollution From Cambudlan);if SaUd Waste". This
..rule -change has required DAQ 10 stJbmit a plClil revision for HMIWI, and conduct pub- lic hearhig-(40CFR60 Subsections 60.23, and 6Q.28).

DAQ wlit hold a public hearln9._on AU9US.t 8, 2011 beginning at**_5:~O** 'p.m._ on a proposed Revised Plan to Implement Emission Guidelines for HMIWI.

the p_ubHc heartn9'ls:beIn,9 held _to_-satlity" _all**re_~** QUI.,emenl'.'lo'.1!"."ril.Il1ln. a revised, 111**{d}Il29~St¢e Plori~**  - The. propQ$ed', re- visecl:plan will-oe:liubmltted -to ---the

-_Unlte(i. ,States**~nvrron11'iental-** p.r"Ofection Agency, -:_- (USEPA) ': and 5uPPleme.nted '1d.9lslative rule_45CSRl8

-**'~C:ontrol** of Air PQIIUtjo_n From Com- bustlon 0**,'SollCl_~Waste,'** which bec_ame:_ effective June 16, 2011. _;_-I;[h.\s _rule gives West"-Vlrv nla- regu- latory authorlty.'to' adopt, implement and enforce the Emission Guidelines requirements ,for.' existing HMIWI -and --:_the New Source'
_ Performance S1andard$ for new -facilities/ elther ,_. directly through ;- ':administrative action reqlllring compJl· anc8'wltfl45CSR1B, or by In.eludlng su,ctI- require· ments In 'State'_ permits, whereoppll.cab!e.

The-pUblic- 

### hearing will be held, atthe**~AQ'S** con- ference. '.00. "",m-ll**~._Iocated** at 60:1

--511h _os**r~** SE, CharlestOl'l",WestJil'rglnla 2530-4. Written:

_ a_"." oral comments wilt b$ ace:8pt- ed' until-'M,',c,lose _Of- the hearing on Au'tU$t e, 2011. Comments wUl-also be ac- cepted bye-mall If.transmiffed by 5:30 p. . on August**~201110** Ie ord.a.bd ehm_wY.jl0,/. rffen comments may be subml1- ted by ,mall, facsimile (304-926-0499 x.l687J _or otherdeliveryon or !lefore 1he hedrlng at the followIng address:

John A. Benedict, Director Division of Air Quality 601 57th Street, SE Charleston
.... WV 2530-4 Comments submitted by mall must be postmarked br Augu.1 8, 2011. Copies o the proposed revised State Plan will be available for PUbliC review on or before July 1, 2011 at the Department of t:.nvironmental Protection, Division of Air QUality's Charleston office at the above address.

(Appendices to tha Pin!! will be avai!clble upon**r~­** quest.)

## Proposed Revised Modified State Plan To Implement Emission Guidelines for Hospital/ Medical/Infectious Waste Incinerators
Sign-In Sheet Comment Name Address Organization

# ~**/-(/1~6** 5od/? bO/ 5 7

# ~ tJYIJeP Phone/Fax E-Mail

# 6-<9~j?z (., -a:</9'1 rld(?rd.cJ., 

# 6oe/m**x/~J'7** 

## (?tod'JC/ 

## Yes No 

# xr:f(

# 'a)'~~,**fr~\**

# ..... . ..; ,0:1 

### 1'1 )'..

.. •.." • iru:
..

## ~.r,**f~l** 

### ""."**~~** 

## ri., <:i t)

## tJiJ~~L1 1 

### BEFORE THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF AIR QUALITY

In re: Revisions to the West Virginia Section 111(d}/129 Plan Control of Air Pollution from Combustion of Solid waste for Hospital/Medical/Infectious Waste Incinerators

Transcript of proceedings had at a public hearing in the above-styled matter taken at the West Virginia Department of Environmental Protection, Division of Air Quality, Conference Room, 601 57th Street, S.E. Charleston, West Virginia, commencing at 5:45 p.m., on the 8th day of August, 2011, pursuant to notice.

MISSY L. YOUNG, C.C.R.

POST OFFICE BOX 6296 CHARLESTON, WEST VIRGINIA 25362 304-205-4929 or 304-539-6192

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

### 12 13 14 15 16 17 18 19 20 21 22 

# (} 23 Proceedings

PRO C E E DIN G S MR. BOEHM: This public hearing will now come to order on this 8th day of August, 2011, at the west virginia Department of Environmental protection Headquarters conference room, 1125, located at 601 57th street, Charleston, west virginia. This public hearing is being held to satisfy all requirements for submitting a proposed 111(d)/ 129 state Plan to implement the mission guidelines for hospital/medical and infectious waste incinerators, and is being held pursuant to the provisions of 29A of the west virginia Code 110 of the Clean Air Act. The hearing is meant to inform the public and effected facilities that the original compliance dates
as given in the original HMIWI 111(d)/129 Plan approvals
are still applicable and enforceable. Notice for this hearing was published as a Class 1 legal advertisement in the Charleston Gazette Newspaper on June 29, 2011. Notice was also sent to various individuals, organizations and the west virginia Register. The proposed modified plan will be submitted to the us EPA and supplemented proposed
A13$$1f{

### J!. 1f{IJl1/v(j, 

# e.e.a. (304) .205-494.2

### rn (3011) 539-619.2 2

### Proceedings 3



### 1 legislative Rule 45CSR18, which is the Control of Air 2 Pollution from Combustion of Solid waste to be effective 3 June 16, 2011. This rule gives West Virginia regulatory 4 authority to adopt, implement and enforce the emission 5 guideline requirements for existing 6 hospital/medical/infectious waste incineration units, and 7 new source performance standards for new facilities either 8 directly through administrative action requiring compliance 9 

### with 45CSR18, or by including such requirements in state 10 permits where applicable. 11 

### My name is Richard Boehm, Engineer, with 12 the Division of Air Quality, Department of Environmental 13 Protection. I will be the moderator for the proceedings 14 this evening. The comment period ends at the close of this 15 hearing this evening. All comments and testimony will be 16 made part of the rulemaking record. 17 Today's transcripts are being recorded by 18 local court reporter, Missy Young, to satisfy this public 19 hearing and will be made available in the certified file 20 available for public review. 21 At this time I would like to open the floor 22 for public comment. Please, identify yourself, 

# (,**-:~-;;:;:** 

### 23 affiliations, if any, prior to making your comments.
A1J$$'ij

### J!. 'ij(JU!V(j 

## e.e.R. (30'1) .205-'19'1.2 {)J; 

### (30'1) 539-619.2

### Proceedings 4



### 1 As of now I have 5:45 on August 8, 2011. 2 Currently there are no attendees other than myself, Richard 3 Boehm, of the Division of Air Quality. I will allow 4 another five minutes to elapse before closing this public 5 hearing. 6 (A brief recess was taken, after which the 7 hearing continued as follows.) 8 MR. BOEHM: As of five minutes till six on 9 August 8, 2011, let it be known that there are no attendees 10 for this public meeting. The meeting will now be adjourned. 11 

### Once again, these proceedings will be made available for 12 public review. Thank you. 13 (WHEREUPON, the hearing was 14 concluded at 5:55 p.m.) 15 16 17 18 19 20 21 22**(~,** 

### 23**~t** 

### A1J$$'lj./} 'ljt/l1IVCJ, e eR. (304) 205-4942 ()J; 

### (304) 539-6192

### Proceedings 5



### STATE OF WEST VIRGINIA, COUNTY OF KANAWHA, to-wit:

I, the undersigned, Missy L. Young, a Certified Court Reporter and Notary public within and for the State of West Virginia, duly commissioned and qualified, do hereby certify that the foregoing, was taken to the best of my skill and ability, a true and accurate transcript of all the proceedings had in the aforementioned matter. Given under my hand and official seal this 13th day of July 2011.

Notary ified;court/**~epo'i'Eer** 

### for (t'he Sta,t-e of West Virginia
My commission expires April 15, 2018.

OF'ICIAC SEAL 

# (ii NOlaryPublic, Staifl 01west Virginia • MISSY L.'TOUNG, c,C,A. " PO BOX6296 \**~.'** CHARLESTON, WV 25312

"" 0_" My Commission Expires April 15, 2018



### A1J$$'ij

### J!. 'ijIJUIVq, 

## eet<. (304) .205-494.21» (304) 539-619.2UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029



### Mr. John A. Benedict, Director West VirginiaDepartment ofEnvironmental Protection Division ofAir Quality

### ~ 

## - 8 lOll 60I 57th 

### Street SE Charleston, West Virginia 25304 Dear Mr. Benedict: Thank you for your letter ofJune 27,2011, and the opportunity to comment onthe proposed revision to your hospitaVmedicaVinfectious waste incinerator (HMIWI) Section 111(d)1129 Plan revision and the related Division ofAir 

### Quality (DAQ) rule, 45CSR 18

- Control ofAir Pollution From Combustion ofSolid Waste. The DAQ is revising the rule 

### in response to requirements ofSection 129 ofthe Clean AirAct and the October 6, 2009 amended HMIWI emission guidelines (EG), 40 CFR Part 60, Subpart Ceo The United States Environmental Protection Agency (EPA) has completed the requested review. Our office provided comments on a draft planrule revision in a June 17,2011 email from James Topsale ofmy staffto Richard Boehm ofyour office. The June 27, 2011 proposed plan revision satisfactorily addresses our comments regarding the plan revision narrative; however, important comments regarding the rule revision have not been addressed. Our concerns about the rule relate to the following: 1) definition provisions; 2) reference to EG, not Part 62, requirements; 3) repeat performance testing requirements; 4) compliance time provisions; and 5) rule effective date. Detailed EPA comments are enclosed. We request that our comments be made part ofthe public record. Ifyou have any questions regarding the enclosed comments, please contact Andrew Hass, Acting Associate Director, Office ofAir Monitoring and Analysis at (215) 814-2049, or James Topsale ofhis staffat (215) 814-2190.

Enclosure Sincerely, 

# iL--1 C7 

# :D**~** C>v-A.C\.,

# C:SS~

Diana Esher, Director Air Protection Division



# o Printedon 100% recycled/recyclablepaper willi 100%post-consumer fiber and process clt/orine free. Customer ServiceHotline: 1-800-438-2474EPA Review

- DAQ's June 27, 2011 Proposed Revision to its State 111(d)/129 Plan for 

### HMIWI Units, Part 62, SubpartXX The scope ofEPA's comments below are limited to 45CSRI8 provisions relating to III(d)/I29 plan requirements for existingHMIWI unit only. Otherproposed 45CSRI8 rule revisions relating to new and existing solid waste incinerator units are not required under Sections 111 (d) and 129 ofthe Clean Air Act, and thus were not reviewed for plan revision approvability. §45-18-2, Definitions I. Paragraph 2

- This paragraphcontains no definition of "Continuous HMIWl'. Add the 40 CFR 60.51c defmition. 2. Paragraph 2.36.a

- The wording in this paragraph needs to reference paragraph 2.3§.b, not 2.33.b. 

### 3. Paragraph 2.75.a

- The wording in this paragraph needs to reference paragraph 2.75.b, not 2.62.b. §45-18-7.2, Designated Facilities I. Paragraph 7.2.j

- Revise the second sentence to read, "Upon one year afterthe effective date ofU.S. EPA's approval the III(d)/129 State Plan revision for HMIWI units, designated facilities, under subdivision 7.2.a.1 are no longer subject to the requirement
...but are subject to the requirements of40 CFRPart 62. SubpartXX. as amended inaccordance with the October 6. 2009 provisions of40 CFR Part 60. Subpart Ce." The suggested changes clarify that the revised requirements are enforceable under Part 62, Subpart XX, authority, not Part 60. §45-18-7.5, Waste Management Guidelines 2.40 CFR 60.35e incorporates the amended requirements of40 CFR 60.55c, thus the provisions ofparagraph 7.5 also need revision to account for commercial HMIWI units and inclusion ofan appropriate date (i.e. within 60 days after the initial performance test demonstrating compliance with the revised rule emission limitations) for submittal ofa revised/amended Waste Management Plan. §45-18-7.6, Rural Unit Inspections 3. Paragraph 7.6.a

- Revise the first sentence of7.6.ato read, "
...within oneyear after the date ofU.S. EPA's approval ofthe III(d)/129 State Plan revision under 40 CFR Part 62, Subpart XX. and the related provisions of40 CFR Part 60, Subpart Ce, as revised Octoher 6, {) Prillted Oil 100% recycled/recyclablepaper witlt 100%post-consumer fiber andprocess clI/orillefree. CustomerService Hotline: 1-800-438-2474

### 2009". See comment I above. 4. Paragraph 7.6.d

- Revise the first sentence of7.6.d to read, "
...within one year following approval ofthe III(d)/129 State Plan revision for HMIWI units under 40 CFR Part 62, SubpartXX, and the related provisions of40 CFR Part 60, Subpart Ce, as revised October 6, 2009." §45-18-7.7, Compliance, Performance, Testing, and Monitoring Guidelines 5. Paragraph 7.7.c.4

- This paragraph allows for repeat performance tests providing the repeat testing is done"
...using the identical operating control device operating conditions that indicated a violation
..." Although this is desirable, it is not practical orenforceable. Accordingly, revise paragraph 7.7.c.4 wording to match that in the second sentence of40 CFR 60.37e(c)(4). §45-18-7.9, Compliance Time 6. Paragraphs 7.9.a, e, and h.3

- See comment 4 above. In

### eachparagraph include a reference to "
...40 CFR Part 62. Subpart XX, and the related provisions of40 CFR Part 60, Subpart Ce
..." 7. Paragraph 7.9.c.3

- Revise to read, "
...inTable IS-lA, or Table IS-2A for Small Rural Units, as applicable." 8. Paragraph 7.9.d.3

- Revise to read, "
...the owner or operator shall comply in an expeditious manner with the 111(d)!129 plan requirements ofPart 62, subpart

# xx. sections 62.12150 through 62.12152, on orbefore the date 3 years after
..." The emission guidelines are not enforceable under the approved State III(d)1129 

### plan. 9. Paragraph 7.9.g.3

- Revise to read, "
...in Table 18-1B, or Table 18-2B for Small Rural Units, as applicable."
45CSR 18 Rule Effective Date 10. The submitted I I I(d)1129 plan cover letter states, "
...the new 45CSR IS [rule]
... became effective on June 16,2011." However, a June 21, 2011 email from the DAQ to EPA states, "Proposed legislative rule 45CSR 18 is now out to notice, and WVDAQ would appreciate your comments on the proposed rule by July II, 2011." Please explain why comments were requested after the new rule effective date, June 16, 20II.



# o Printedall 100% recycled/recyclablepaper wi/" 100%pas/-consumer fiber andprocess cll/orille free. CustomerService Hollille: 1-800-438-2474

### WEST VIRGINIA SECTION 111 (d)1129 

### PLAN FOR HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS RESPONSE TO COMMENTS
On June 29, 2011, the Division of Air Quality (DAQ) commenced a thirty day public comment period and subsequentlyheld apublic hearingonAugust 8, 2011 to accept oral comments on West Virginia's 2011 Clean Air Act Section 111(d)1129 Plan for HospitallMedicaVInfectious Waste Incinerators. Written comments were also accepted through 6:00 PM onMonday, August 8, 2011. One commentersubmittedwritten commentsregarding the Plan, andno commenterprovided verbal comment. DAQ addresses the written comments below.
I. 

### COMMENTER: United States Environmental Protection Agency COMMENTA. Thecommenterstates, "§45-18-2,Definitions

-Paragraph 

### 2 - Thisparagraph contains no definition of"Continuous HMIWI". Addthe 40 CFR 60.51c definition." 

### RESPONSE A. Although the 2011 Rule 45CSRI8 does not explicitly define "Continuous HMIW[", paragraph 2.87 states, "Other words and phrases used in this rule, unless otherwise indicated, shallhave the meaning ascribed to them in40 CFRPart 60 Suparts A,
...Ec, as applicable. This provision incorporates the NSPSIMACT definitions ofSubpart Ec for HMIWI units, which includes "Continuous HMIWI". COMMENT B. 

### The commenter states, "§45-18-2, Definitions

- Paragraph 2.36.a

- The wording in thisparagraph needs to referenceparagraph 2.3§..b, not 2.33.b. " 

### RESPONSEB. DAQnotesthetypographicalerror, andhas correctedthe errorinthe proposed 2012 rule 45CSR18 by incorporating by reference the majority of definitions. DAQ refers the commenterto Response LA. 

### DAQbelievesthatthe2011 Plan is approvable, even though 2011 rule 45CSR18, which is an integral part ofthe 2011 Plan, cannot be retroactively revised.
COMMENT C. The commenter states, "§45-18-2, Definitions -Paragraph 2.75.a

- The wording in thisparagraph needs to referenceparagraph 

### 2. 75.b, not 

### 2. 62.b. " 

### RESPONSE C. DAQnotes thetypographical error, and has correctedthe errorinthe proposed 2012 rule 45CSR18 by incorporating by reference the majority of definitions. DAQ refers the commenterto Response LA. 

### DAQbelievesthatthe2011 Planis approvable, eventhough2011 rule 45CSR 18, which is an integral part ofthe 2011 Plan, cannot be retroactively revised.
COMMENTD. The commenterstates, "§45-18-7.2, DesignatedFacilities

-Paragraph 7.2.j. Revise the secondsentence to read, 'Upon oneyearafter the effective date of

# u.s. EPA's approval the III

### (d)/129 StatePlan revision forHMIWIunits, designatedfacilities, undersubdivision 7.2.a.!

### are no longer subject to the requirement
...but are subject to the**requirem~nts** 

### of 40 CFR Part 62. Subpart XX as amended in accordance with the October 

### 6. 2009 provisions of 40 CFR Part 60. Subpart Ce.· The suggested changes clarifY that the revised requirements are enforceable under Part 62. 

### Subpart

## xx, authority. not Part 60. " RESPONSE D. DAQ recognizes that 111(d)/129 plan enforcement authority is under the provisions of40CFRPart 62, Subpart XX. Thefirst sentenceunderparagraph 7.2.j nowrecognizes the current requirements of40 CFR Part 62, Subpart XX, while the second sentencerecognizes the need for revision to Subpart XX, as required bythe October 6, 2009 40 CFR Part 60, Subpart Ce, amendments. DAQ notes that fully-adopted 2011 rule 45CSR18 became effective on June 16, 2011. DAQ requested and received comment from EPA Region III during the public comment period for proposed 2011 rule 45CSRI8 that beganonJune 11,2010, and closed on July 12, 2010. Therefore, because the 2011 rule has satisfied public notice requirements, has been fully adopted bythe 2011 West VirginiaLegislature and is final, DAQ cannot retroactivelyrevise 2011 rule 45CSR18. DAQ believes that the 2011 Plan is approvable, eventhough 2011 rule 45CSR18, whichis an integral part ofthe 2011 Plan, cannotberetroactivelyrevised. DAQhas subsequentlyproposed45CSR18 for the 2012 legislative session and received a similarcommentfrom EPA, whichwasincorporatedinto the proposed rule that has been sent to the legislature for consideration during the 2012 legislative seSSlOn.


### COMMENTE. Thecommenterstates, "§45-18-7.5, 

### WasteManagement Guidelines- 40 CFR 60.35e incorporates the amended requirements of40 CFR 60.55c, thus the provisions of paragraph 7.5 

### also need revision to accountfor commercial HMIWI units and inclusion of an appropriatedate (i. e. within oneyearof plan revision approval) for submittal of a revised/amended Waste Management Plan. " RESPONSEE. DAQ refers the commenter to Response J.D. 

### COMMENT F. The commenter states, "§45-18-7.6. 

### Rural Unit Inspections

- Paragraph 7.6.a. Revise theftrst sentence of7.6.a to read, • ...within one year after the date of 

# u.s. EPA's approval of the 111

### {d)/129 State Plan revision under 40 CFR Part 62. 

### Subpart

## xx, andthe related provisions of 40 CFR Part 60, Subpart Ce, as revised October 6. 2009'". RESPONSE F. DAQ refers the commenter to Response J.D. DAQ believes being unable to accommodateEPA'scommentinthe final 2011 rule does notprovide areason for Plandisapproval.


### COMMENT G. The commenter states, 

### "Paragraph 7.6.d. Revise theftrstsentence of7.6.d to read. • ...within oneyear following approval of the 

### 111{d)/129 State Plan revisionfor HMIWI units under40 CFR Part 62. 

### Subpart

## xx, andthe relatedprovisions of 40 CFRPart 60, Subpart Ce, as revised October 6, 2009 "'. RESPONSEG. DAQ refers the commenter to Response J.D.

### COMMENTH. 

### Thecommenterstates, H§45-18-7. 7, 

### Compliance, Performance, Testing, and Monitoring Guidelines. Paragraph 

### 7. 7.c.4

- Thisparagraph allowsfor repeatperformance tests providing the repeat testing is done '
...using the identical operating control device operating conditions that indicateda violation
... ' Although this is desirable, it is not practicalorenforceable. Accordingly, reviseparagraph 

### 7. 7.c.4 wording to match that in the second sentence of 40 CFR 60. 37e(c)(4). 

### RESPONSEH. DAQ refers the commenterto Response l.D. DAQ will interprettheplan and rule as closely as possible with respect to the provisions for repeat performance tests set forth in 40 CFR 60.37e(c)(4). COMMENT I. 

### The commenter states, H§45-18-7.9, 

### Compliance Time. Paragraphs 7.9.

### a, e, and h.3. In each paragraph include a reference to '
...40 CFR Part 62, 

### Subpart

# xx: and the relatedprovisions of 40 CFR Part 60, Subpart Ce
... '" 

### RESPONSE!. DAQ refers the commenter to Response l.D. COMMENT J. 

### The commenter states, H§45-18-7.9, 

### Compliance Time. Paragraph 7.9.c.3. Revise to read, '
... in Table 18-1A, or Table 18-2Afor Small Rural Units. as applicable." 

### RESPONSEJ. DAQ refers the commenter to Response l.D. COMMENT K. 

### The commenter states, H§45-18-7.9, 

### Compliance Time. Paragraph 7.9.d.3. Reviseto read, '
... the owneroroperatorshallcomply in an expeditiousmannerwith the 11

### J(dl/129 plan requirements of Part 62, 

### subpart

# xx: sections 62.12150 through 62.12152, 

### on or before the date 

### 3 years after
... ' The emission guidelines are not enforceable under an approved State 111(d)/129plan. H 

### RESPONSEK. DAQ refers the commenter to Response l.D. COMMENT L. 

### The commenter states, H§45-18-7.9, 

### Compliance Time. Paragraph 7.9.g.3

- Revise to read, "
... in Table 18-1

### B, or Table 18-2Bfor Small Rural Units. as applicable.'" 

### RESPONSEL. DAQ refers the commenter to Response l.D. COMMENT M. 

### The commenter states, H§45CSRI8, Rule Effective Date. The submitted 111(d)/129plan coverletterstates, '
...thenew45CSR18[rule}.
.. becameeffectiveonJune 16,2011. ' However, a June 21,2011 emailfrom theDAQ to EPA states, 'Proposedlegislative rule 45CSR18 is nowoutto notice, and WVDA 

## Qwouldappreciateyourcomments on theproposedrule byJuly 11, 

### 2011.' Please explain why comments were requested after the new rule effective date, June 16, 2011. " 

### RESPONSE M. DAQ notes that fully-adopted 2011 rule 45CSR18 became effective on June 16,2011. DAQ requested and received comment from EPA Region III during the public comment period for 45CSR18 that began on June 11, 2010, and closed on July 12, 2010. Therefore, because the 2011 rule has satisfied its public notice requirements, has been fully adopted bythe 2011 West Virginia Legislature, and is final, DAQ cannot retroactivelyrevise 2011 rule 45CSR18. However,

### DAQ has subsequentlyproposed 45CSR18 for the 2012 legislative session, which was subject to a thirtydaypublicnoticeperiod that beganJune 10,2011 and closed onJuly 11, 

### 2011. DAQreceived comments on proposed 2012 rule 45CSR18, which were incorporated into the proposed rule that will be final after the 2012 legislative session. After EPA approval, the 2012 rule 45CSRI8 will then become the enforceable component of West Virginia's 2012 Section 111(d)1129 

### Plan amendment.