STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 39

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

Effective 21 August 2000

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) 

and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the 

R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION 39

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

TABLE OF CONTENTS

39.1 Definitions........................................................................................................................................ 1

39.2 Applicability..................................................................................................................................... 9

39.3 Plan Submittals and Compliance Schedules....................................................................................10

39.4 Pre-construction Requirements.......................................................................................................14

39.5 Emission Limitations ......................................................................................................................14

39.6 Inspection & Repair Requirements .................................................................................................15

39.7 Compliance and Performance Testing Requirements .....................................................................17

39.8 Monitoring Requirements ...............................................................................................................24

39.9 Reporting and Recordkeeping Requirements..................................................................................24

39.10 HMIWI Operation, Training, and Qualification Requirements.......................................................28

39.11 Inspection and Entry .......................................................................................................................31

39.12 General Provisions...........................................................................................................................32

Table 1 (a) . Emission limits for HMIWI constructed on or before June 20, 1996 .....................................34

Table 1(b). Emission limits for HMIWI constructed after June 20, 1996 ..................................................35

Table 2. Toxic Equivalency Factors..........................................................................................................36

Table 3. Operating Parameters to be Monitored and Minimum Measurement and Recording Frequencies.37
Page 1 of 37

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION 39

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

39.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this 

regulation shall be defined by reference to the Rhode Island Air Pollution Control 

General Definitions Regulation. As used in this regulation, the following terms 

shall, where the context permits, be construed as follows:

39.1.1 “Batch HMIWI” means an HMIWI that is designed such that neither 

waste charging nor ash removal can occur during combustion.

39.1.2 “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.

39.1.3 “Blood products” means any product derived from human blood, 

including but not limited to blood plasma, platelets, red or white blood 

corpuscles, and other derived licensed products, such as interferon, etc.

39.1.4 “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. 

39.1.5 “Bypass stack” means a device used for discharging combustion 

gases to avoid severe damage to the air pollution control device or 

other equipment.

39.1.6 “Chemotherapeutic waste” means waste material resulting from the 

production or use of antineoplastic agents used for the purpose of 

stopping or reversing the growth of malignant cells.

39.1.7 “Co-fired combustor or co-fired incinerator” means a unit 

combusting hospital waste and/or medical/infectious waste with other 

fuels or wastes and subject to an enforceable requirement limiting the 

unit to combusting a fuel stream, 10 percent or less of the weight of 

which is comprised, in aggregate, of hospital waste and 

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

purposes of this definition, pathological waste, chemotherapeutic 
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waste, and low-level radioactive waste are considered “other” wastes 

when calculating the percentage of hospital waste and 

medical/infectious waste combusted.

39.1.8 “Continuous emission monitoring system or CEMS” means a 

monitoring system for continuously measuring and recording the 

emissions of a pollutant from an affected facility.

39.1.9 “Continuous HMIWI” means an HMIWI that is designed to allow 

waste charging and ash removal during combustion.

39.1.10 “Dioxins/furans” means the combined emissions of tetra- through 

octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured 

by EPA Reference Method 23.

39.1.11 “Dry scrubber” means an add-on air pollution control system that 

injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent 

(spray dryer) to react with and neutralize acid gases in the HMIWI

exhaust stream forming a dry powder material.

39.1.12 “Fabric filter or baghouse” means an add-on air pollution control 

system that removes particulate matter (PM) and nonvaporous metals 

emissions by passing flue gas through filter bags.

39.1.13 “Facilities manager” means the individual in charge of purchasing, 

maintaining, and operating the HMIWI or the owner or operator’s 

representative responsible for the management of the HMIWI. 

Alternative titles may include director of facilities or vice president of 

support systems.

39.1.14 “High-air phase” means the stage of the batch operating cycle when 

the primary chamber reaches and maintains maximum operating 

temperatures.

39.1.15 “Hospital” means any facility which has an organized medical staff, 

maintains at least six inpatient beds, and where the primary function of 

the institution is to provide diagnostic and therapeutic patient services 

and continuous nursing care primarily to human patients who are not 

related and who stay on average in excess of 24 hours per admission. 

This definition does not includes facilities maintained for the sole 

purpose of providing nursing or convalescent care to human patients 

who generally are not acutely ill but who require continuing medical 

supervision.

39.1.16 “Hospital/medical/infectious waste incinerator or HMIWI or 

HMIWI unit” means any device that combusts any amount of 
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hospital waste and/or medical/infectious waste.

39.1.17 “Hospital/medical/infectious waste incinerator operator or 

HMIWI operator” means any person who operates, controls or 

supervises the day-to-day operation of an HMIWI.

39.1.18 “Hospital waste” means discards generated at a hospital, except 

unused items returned to the manufacturer. The definition of hospital 

waste does not include human corpses, remains, and anatomical parts 

that are intended for interment or cremation.

39.1.19 “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 of causing disease or adverse health 

impacts in humans.

39.1.20 “Intermittent HMIWI” means an HMIWI that is designed to allow 

waste charging, but not ash removal, during combustion.

39.1.21 “Large HMIWI” means:

(1) An HMIWI whose maximum design waste burning capacity is

more than 500 pounds per hour; or

(2) A continuous or intermittent HMIWI whose maximum charge rate 

is more than 500 pounds per hour; or

(3) A batch HMIWI whose maximum charge rate is more than 4,000 

pounds per day.

39.1.22 “Low-level radioactive waste” means waste material which contains 

radioactive nuclides emitting primarily beta or gamma radiation, or 

both, in concentrations or quantities that exceed applicable federal or 

State standards for unrestricted release. Low-level radioactive waste is 

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

material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2).

39.1.23 “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, by poor maintenance or careless 

operation are not malfunctions.

39.1.24 “Maximum charge rate” means:
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(1) For continuous and intermittent HMIWI, 110 percent of the

lowest 3-hour average charge rate measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limits.

(2) For batch HMIWI, 110 percent of the lowest daily charge rate 

measured during the most recent performance test demonstrating 

compliance with all applicable emission limits.

39.1.25 “Maximum design waste burning capacity” means:

(1) For intermittent and continuous HMIWI

C = Pv x 15,000/8,500

where:

 C = HMIWI capacity, lb/hr

 Pv = primary chamber volume, ft3

15,000 = primary chamber heat release factor, Btu/ft3/hr

 8,500 = standard waste heating value, Btu/lb;

(2) For batch HMIWI

C = Pv x 4.5/8

where:

C = HMIWI capacity, lb/hr

Pv = primary chamber volume, ft3

4.5 = waste density, lb/ft3

8 = typical hours of operation of a batch HMIWI, hours.

39.1.26 “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 

recent performance test demonstrating compliance with the 

dioxin/furan emission limit.

39.1.27 “Maximum flue gas temperature” means 110 percent of the lowest 

3-hour average temperature at the outlet from the wet scrubber (taken, 

at a minimum, once every minute) measured during the most recent 

performance test demonstrating compliance with the mercury (Hg) 

emission limit.

39.1.28 “Medical/infectious waste” means any of the following waste that is 

generated in the diagnosis, treatment, or immunization of human 

beings or animals, in research pertaining thereto, or in the production 

or testing of biologicals:
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(1) Cultures and stocks of infectious agents and associated 

biologicals, including: cultures from medical and pathological 

laboratories; cultures and stocks of infectious agents from 

research and industrial laboratories; wastes from the production 

of biologicals; discarded live and attenuated vaccines; and culture 

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

(2) Human pathological waste, including tissues, organs, and body

parts and body fluids that are removed during surgery or autopsy, 

or other medical procedures, and specimens of body fluids and 

their containers;

(3) Human blood and blood products including:

(i) Liquid waste human blood;

(ii) Products of blood;

(iii) Items saturated and/or dripping with human blood; or

(iv) Items that were saturated and/or dripping with human 

blood that are now caked with dried human blood; 

including serum, plasma, and other blood components, 

and their containers, 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;

(4) 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 

presence of infectious agents). Also included are other types of 

broken or unbroken glassware that were in contact with infectious 

agents, such as used slides and cover slips;

(5) Animal waste including contaminated animal carcasses, body 

parts, and bedding of animals that were known to have been 

exposed to infectious agents during research (including research 

in veterinary hospitals), production of biologicals or testing of 

pharmaceuticals;

(6) Isolation wastes including biological waste and discarded 

materials contaminated with blood, excretions, exudates, or 

secretions from humans who are isolated to protect others from 

certain highly communicable diseases, or isolated animals known 

to be infected with highly communicable diseases; and
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(7) Unused sharps including the following unused, discarded sharps: 

hypodermic needles, suture needles, syringes, and scalpel blades. 

39.1.29 “Medium HMIWI” means:

(1) Except as provided in paragraph (2);

(i) A HMIWI whose maximum design waste burning 

capacity is more than 200 pounds per hour but less than 

or equal to 500 pounds per hour; or

(ii) A continuous or intermittent HMIWI whose maximum 

charge rate is more than 200 pounds per hour but less 

than or equal to 500 pounds per hour; or

(iii) A batch HMIWI whose maximum charge rate is more 

than 1,600 pounds per day but less than or equal to 4,000 

pounds per day.

(2) A HMIWI is not a "Medium HMIWI" if:

(i) Its design waste burning capacity exceeds 500 pounds 

per hour; or 

(ii) Its maximum charge rate exceeds 500 pounds per hour 

for continuous or intermittent HMIWI or 4,000 pounds 

per day for batch HMIWI. 

39.1.30 “Minimum dioxin/furan sorbent flow” means 90 percent of the 

highest 3-hour average dioxin/furan sorbent flow rate (taken, at a 

minimum, once every hour) measured during the most recent 

performance test demonstrating compliance with the dioxin/furan 

emission limit.

39.1.31 “Minimum mercury (Hg) sorbent flow rate” means 90 percent of 

the highest 3-hour average Hg sorbent flow rate (taken, at a minimum, 

once every hour) measured during the most recent performance test 

demonstrating compliance with the Hg emission limit.

39.1.32 “Minimum hydrogen chloride (HCl) sorbent flow rate” means 90 

percent of the highest 3-hour average HCl sorbent flow rate (taken, at 

a minimum, once every hour) measured during the most recent 

performance test demonstrating compliance with the HCl emission 

limit.

39.1.33 “Minimum horsepower or amperage” means 90 percent of the 
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highest 3-hour average horsepower or amperage to the wet scrubber 

(taken, at a minimum, once every minute) measured during the most 

recent performance test demonstrating compliance with all applicable 

emission limits.

39.1.34 “Minimum pressure drop across the wet scrubber” means 90 

percent of the highest 3-hour average pressure drop across the wet 

scrubber PM control device (taken, at a minimum, once every minute) 

measured during the most recent performance test demonstrating 

compliance with the PM emission limit.

39.1.35 “Minimum scrubber liquor flow rate” means 90 percent of the 

highest 3-hour average liquor flow rate at the inlet to the wet scrubber 

(taken, at a minimum, once every minute) measured during the most 

recent performance test demonstrating compliance with all applicable 

emission limits.

39.1.36 “Minimum scrubber liquor pH” means 90 percent of the highest 3-

hour average liquor pH at the inlet to the wet scrubber (taken, at a 

minimum, once every minute) measured during the most recent 

performance test demonstrating compliance with the HCI emission 

limit.

39.1.37 “Minimum secondary chamber temperature” means 90 percent of 

the highest 3-hour average secondary chamber temperature (taken, at a 

minimum, once every minute) measured during the most recent 

performance test demonstrating compliance with the PM, carbon 

monoxide (CO), or dioxin/furan emission limits.

39.1.38 “Modification or Modified HMIWI” means any change to an 

HMIWI unit after the effective date of this regulation such that:

(1) The cumulative costs of the modifications, over the life of the 

unit, exceed 50 percent 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) The change involves a physical change in or change in the method 

of operation of the unit which increases the amount of any air 

pollutant emitted by the unit for which standards have been 

established under section 129 or section 111 of the federal Clean 

Air Act.

39.1.39 “Operating day” means a 24-hour period between 12:00 midnight 

and the following midnight during which any amount of hospital waste 
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or medical/infectious waste is combusted at any time in the HMIWI.

39.1.40 “Operation” means the period during which waste is combusted in 

the incinerator excluding periods of startup or shutdown.

39.1.41 “Particulate matter or PM” means the total particulate matter 

emitted from an HMIWI as measured by EPA Reference Method 5 or 

Reference Method 29.

39.1.42 “Pathological waste” means waste material consisting of only human 

or animal remains, anatomical parts, and/or tissue, the bags/containers 

used to collect and transport the waste material, and animal bedding 

(if applicable).

39.1.43 “Primary chamber” means the chamber in an HMIWI that receives 

waste material, in which the waste is ignited, and from which ash is 

removed.

39.1.44 “Pyrolysis” means the endothermic gasification of hospital waste 

and/or medical/infectious waste using external energy.

39.1.45 ‘’Secondary chamber” means a component of the HMIWI that 

receives combustion gases from the primary chamber and in which the 

combustion process is completed.

39.1.46 “Shutdown” means the period of time after all waste has been 

combusted in the primary chamber. For continuous HMIWI, 

shutdown shall commence no less that 2 hours after the last charge to 

the incinerator. For intermittent HMIWI, shutdown shall commence 

no less that 4 hours after the last charge to the incinerator. For batch 

HMIWI, shutdown shall commence no less than 5 hours after the highair phase of combustion has been completed. 

39.1.47 “Small HMIWI” means an HMIWI whose maximum design waste 

burning capacity is less than or equal to 200 pounds per hour and 

which has a maximum charge rate less than or equal to 200 pounds per 

hour for continuous or intermittent HMIWI and less than or equal to 

1,600 pounds per day for batch HMIWI. 

39.1.48 “Standard conditions” means a temperature of 20oC and a pressure 

of 101.3 kilopascals.
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39.1.49 “Startup” means the period of time between the activation of the 

system and the first charge to the unit. For batch HMIWI, startup 

means the period of time between activation of the system and ignition 

of the waste.

39.1.50 “Wet scrubber” means an add-on air pollution control device that 

utilizes an alkaline scrubbing liquor to collect particulate matter 

(including nonvaporous metals and condensed organics) and/or to 

absorb and neutralize acid gases.

39.2 Applicability

39.2.1 Except as provided in subsections 39.2.2 through 39.2.7, the 

provisions of this regulation shall apply to all HMIWI.

39.2.2 An incinerator is not subject to sections 39.3 through 39.10 of this 

regulation if it is burning only pathological waste, low-level 

radioactive waste, and/or chemotherapeutic waste, provided that the 

owner or operator of the incinerator:

(a) Has notified the Office of Air Resources, in writing, that it is 

burning only pathological, low-level radioactive, and/or 

chemotherapeutic waste and has received a determination in 

writing from the Office of Air Resources that it is not subject to 

those subsections; and

(b) Records continuously, summarizes quarterly, and keeps available 

for inspection for a period of five years records of all times when 

only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned.

39.2.3 A co-fired incinerator is not subject to sections 39.3 through 39.10 of 

this regulation if the owner or operator of the incinerator:

(a) Has notified the Office of Air Resources, in writing, that it is a cofired incinerator, and has received a determination from the Office 

of Air Resources that it is not subject to those subsections; 

(b) As part of this notification, provides a range of the relative 

weights of hospital waste, medical/infectious waste, and other 

fuels and/or wastes to be combusted; and
Page 10 of 37

(c) Records continuously, summarizes quarterly, and keeps available 

for inspection for a period of five years records of the type and 

weight of hospital waste and medical/infectious waste burned, and 

the weight of all other fuels and wastes burned at the co-fired 

incinerator.

39.2.4 Any combustor/incinerator required to have a permit under Section 

3005 of the Federal Solid Waste Disposal Act is not subject to this 

regulation.

39.2.5 Any combustor/incinerator which meets the applicability requirements 

under subpart Cb, Ea, or Eb of 40 CFR Part 60 (standards or 

guidelines for certain municipal waste combustors) is not subject to 

this regulation.

39.2.6 Any pyrolysis unit, as defined in subsection 39.1.44, is not subject to 

this regulation.

39.2.7 Physical or operational changes made to an existing HMIWI unit 

(those constructed prior to June 20,1996) solely for the purpose of 

complying with the requirements of this regulation shall not be 

considered a modification as defined in subsection 39.1.38 and shall 

not cause the HMIWI to be subject to the provisions in this regulation 

for new HMIWI (those constructed after June 20, 1996).

39.2.8 For any HMIWI, this regulation supercedes Rhode Island Air Pollution 

Control Regulation No.12 for those areas where there are overlapping 

requirements. HMIWI must comply with all applicable provisions of 

this regulation.

39.3 Plan Submittals and Compliance Schedules

39.3.1 The owner or operator of a HMIWI subject to this regulation must 

submit a HMIWI Emissions Control Plan (ECP) to the Office of Air 

Resources for review and approval by October 20, 2000. If an ECP is 

not submitted by October 20, 2000 or if the Department determines the 

ECP is not approvable, the HMIWI shall immediately cease 

operations, and shall not operate until an ECP is approved. A HMIWI 

subject to this regulation must operate pursuant to an operating permit 

issued according to the provisions of RI APC Regulation No. 29, 

“Operating Permits.” The facility's operating permit will be modified 

upon approval of the ECP to include all required elements of the ECP. 

The ECP must contain the following information:
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(a) The control efficiency, equipment description and specifications, 

and standard operating and maintenance procedures for any 

control equipment which will be used to comply with this 

regulation;

(b) A proposed construction schedule and anticipated completion date 

for any planned installation or modification of equipment to 

comply with this regulation; 

(c) Any additional information requested by the Office of Air 

Resources regarding the process and control equipment used to 

comply with this regulation; and 

(d) A Waste Management Plan as specified in subsection 39.3.2; or

(e) A closure plan if the facility plans to permanently cease 

operations pursuant to subsection 39.3.5.

39.3.2 The Waste Management Plan must include the following:

(a) A description of waste separation programs to be implemented at 

the facility which, to the maximum degree feasible, remove from 

the waste stream, prior to incineration, products that contribute to 

emissions of hazardous air pollutants from the HMIWI. The 

feasibility of removal of the following products from the waste 

stream must be evaluated: mercury-containing products, paper, 

cardboard, plastics, glass, battery, metals, and materials that 

contain polyvinyl chloride (PVC) and/or other dioxin/furan 

precursors;

(b) A description of recycling programs to be implemented at the 

facility, such as programs to recycle mercury products, paper, 

cardboard, plastics, glass, batteries, materials which contain PVC 

and/or other dioxin/furan precursors and metals; and/ or 

purchasing recycled or recyclable products;

(c) A description of reasonably available additional waste 

management measures (for example, product substitution) which 

will be implemented at the facility, taking into account the 

effectiveness of waste management measures already in place, the 

costs of additional measures, the emission reductions expected to 

be achieved, and any other environmental or energy impacts 

associated with such measures;
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(d) Measures and milestones towards becoming a mercury free 

facility by 2003;

(e) Milestones towards reducing PVC in the waste stream by 50% by 

2003;

(f) Dates that the programs and measures specified in paragraphs 

39.3.2(a), (b), and (c) will be implemented;

(g) A statement that the HMIWI will require, through a contract or 

another legally binding mechanism, that any other facility which 

generates and transports hospital/ medical/ infectious waste to the 

HMIWI for incineration has adopted and is complying with a 

Waste Management Plan consistent with that adopted by the 

HMIWI;

(h) All aspects of this Waste Management Plan must be in 

compliance with the RI DEM Office of Waste Management’s 

regulation entitled, “Rules and Regulations Governing the 

Generation, Transportation. Storage, Treatment, Management and 

Disposal of Regulated Medical Waste in Rhode Island” 

(Regulation DEM-DAH-MW-01-92) and other applicable rules 

and policies of that Office; 

(i) "An Ounce of Prevention: Waste Reduction Strategies for Health 

Care Facilities," a 1993 publication by the American Society for 

Health Care Environmental Services of the American Hospital 

Association, Chicago, Illinois, shall be utilized in the development 

of the Waste Management Plan. This document is available for 

purchase from the American Hospital Association (AHA) Service, 

Inc., Post Office Box 92683, Chicago, Illinois 60675-2683. Other 

appropriate publications as they become available should also be 

utilized in the development of the Waste Management Plan; and

(j) The Waste Management Plan may specify different goals or 

approaches for different areas or departments at the facility and 

need not include waste management goals for every waste stream.

39.3.3 Except as provided in subsections 39.3.4 and 39.3.6, any HMIWI

subject to this regulation must be in full compliance with the 

applicable emission limitations specified in Section 39.5 of this 

regulation or cease operations by October 20, 2000.

39.3.4 The owner of a HMIWI may apply for an extension to the compliance 

date specified in subsection 39.3.3. This extension request must be 
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submitted as part of the ECP, by the date specified in subsection 

39.3.1, and must include the following information: 

(a) Reasons why the facility cannot comply with the requirements of 

this regulation by the date specified in subsection 39.3.3.

(b) The date by which contracts will be awarded and/or purchase 

orders issued for any air pollution control systems and/or 

components or for process modifications to comply with this 

regulation. All such awards and orders must be issued by October 

20, 2000.

(c) The date that onsite construction or installation of any air 

pollution control device(s) or process changes to comply with this 

regulation will begin. All such construction or process changes 

must be initiated by August 21, 2001.

(d) The expected date of the completion of onsite construction or 

installation of control equipment or process changes to comply 

with this regulation. All such equipment installation and process 

changes must be completed by August 21, 2002.

(e) The date that final compliance with all applicable limitations will 

be achieved. Final compliance must be achieved by September 16, 

2002.

39.3.5 If the owner of a HMIWI plans to comply with this regulation by

permanently ceasing operation of the HMIWI, the owner or operator 

of the HMIWI must submit a closure plan to the Office of Air 

Resources as part of its ECP by October 20, 2000. The closure plan 

must include the following information:

(a) The date that the facility will cease operation of the HMIWI. 

Operations must cease by February 21, 2001 except as provided in 

subsection 39.3.6.

(b) The facility’s plans for disposal of waste previously incinerated in 

the HMIWI after the incinerator ceases operation.

39.3.6 The owner or operator of a HMIWI which plans to comply with this 

regulation by ceasing operations may apply to the Director for an 

extension to the closure date specified in subsections 39.3.3 and 

39.3.5(a) by submitting the following information as part of its ECP:

(a) Justification of why an extension is warranted;
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(b) A written commitment to enter into an Administrative Consent 

Order with the Department by February 21, 2001 which contains 

enforceable milestones and commitments towards closure 

including a date that the facility will cease operations. In no case 

shall operations extend beyond August 21, 2001.

39.4 Pre-construction Requirements

39.4.1 Any HMIWI for which construction commences after August 21, 

2000, must comply with all construction permit requirements in RI

APC Regulation No. 9. 

39.5 Emission Limitations

39.5.1 Any HMIWI that commenced construction prior to June 20, 1996 must 

comply with the emission limitations listed in Table 1(a) and 

subsection 39.5.1(a) by the applicable dates specified in section 39.3 

of this regulation.

(a) Stack emissions shall not exhibit greater than 10 percent opacity 

(6-minute block average).

39.5.2 Any HMIWI that commenced construction on or after June 20, 1996 

must comply with the emission limits listed in Table 1(b) according to 

the applicable dates specified in Section 39.3, or upon commencing 

operations, whichever is later.

39.5.3 Any HMIWI that commenced construction on or after June 20, 1996 

must also comply with the following fugitive ash emission limits by

the applicable dates specified in section 39.3 or upon start-up, 

whichever is later:

(a) Stack emissions shall not exhibit greater than 10 percent opacity 

(6-minute block average);

(b) Emissions of combustion ash from ash conveying systems 

(including conveyor transfer points) at large HMIWI shall not be 

visible for more than 5 percent of an observation period (i.e., 9 

minutes per 3-hour period), as determined by EPA Reference 

Method 22, except as provided in paragraphs (c) and (d) of this 

section;

(c) The emission limit specified in paragraph (b) of this section does 

not apply to visible emissions discharged inside buildings or 
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enclosures of ash conveying systems; however, the emission limit 

does apply to visible emissions discharged to the atmosphere from 

buildings or enclosures of ash conveying systems; and

(d) The provisions specified in paragraph (b) of this section do not 

apply during maintenance and repair of ash conveying systems. 

Maintenance and/or repair shall not occur on more than 10 

operating days per calendar quarter unless the owner or operator 

obtains written approval from the Office of Air Resources 

establishing a date whereby all necessary maintenance and repairs 

of ash conveying systems shall be completed.

39.5.4 The emission limits in subsections 39.5.1, 39.5.2, and 39.5.3 do not 

apply during periods of startup or shutdown, provided that no hospital 

waste or medical/infectious waste is charged to the HMIWI during 

those periods. During periods of malfunction the operator shall 

operate within established parameters as much as possible, and shall 

continue monitoring all applicable operating parameters until all waste 

has been combusted or until the malfunction ceases, whichever comes 

first. In addition, the malfunction must be reported to the Office of Air 

Resources within 24 hours. A written report must be submitted to the 

Office of Air Resources within 7 days, which includes the cause of the 

malfunction, any exceedance, and actions taken to prevent 

reoccurrence.

39.5.5 Any violation of the emission limitations in subsections 39.5.1, 39.5.2, 

and 39.5.3 must be reported to the Office of Air Resources within 24 

hours. A written explanation of the cause of the violation, the 

magnitude of the exceedance and its duration, as well as actions taken 

to prevent a reoccurrence must be submitted to the Office of Air 

Resources within 7 calendar days.

39.6 Inspection & Repair Requirements

39.6.1 The owner or operator of any HMIWI subject to the emission limits in 

Table 1(a) or Table 1(b), must conduct an initial equipment inspection 

identifying any necessary repairs by October 20, 2000 and yearly 

thereafter. All inspections must include the following:

(a) Inspect all burners, pilot assemblies, and pilot sensing devices for 

proper operation; clean pilot flame sensor, as necessary;

(b) Ensure proper adjustment of primary and secondary chamber 

combustion air, and adjust as necessary;
Page 16 of 37

(c) Inspect hinges and door latches, and lubricate as necessary;

(d) Inspect dampers, fans, and blowers for proper operation;

(e) Inspect HMIWI door and door gaskets for proper sealing;

(f) Inspect motors for proper operation;

(g) Inspect primary chamber refractory lining; clean and 

repair/replace lining as necessary;

(h) Inspect incinerator shell for corrosion and/or hot spots;

(i) Inspect secondary/tertiary chamber and stack and clean as 

necessary;

(j) Inspect mechanical loader, including limit switches, for proper 

operation, if applicable;

(k) Visually inspect waste bed (grates), and repair/seal, as 

appropriate;

(l) For the burn cycle that follows the inspection, document that the 

incinerator is operating properly and make any necessary

adjustments;

(m) Inspect air pollution control device(s) for proper operation, if 

applicable;

(n) Inspect waste heat boiler systems to ensure proper operation, if 

applicable;

(o) Inspect bypass stack components;

(p) Ensure proper calibration of thermocouples, sorbent feed systems 

and any other monitoring equipment; and

(q) Generally observe that the equipment is maintained in good 

operating condition.

39.6.2 Any equipment deficiencies identified in the inspections as required in 

subsection 39.6.1 or as a result of an equipment failure shall be 

completed within 10 days upon identification unless the owner or 

operator obtains written approval from the Department establishing an 

alternative date whereby all corrections of deficiencies shall be 
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completed.

39.7 Compliance and Performance Testing Requirements

39.7.1 Any HMIWI subject to the emissions limitations in Table 1(a) or 

Table 1(b) must conduct an initial performance test to demonstrate 

compliance with those emission limits according to the following 

schedule:

(a) Except as provided in paragraph (b) of this subsection, initial 

performance tests for facilities constructed prior to August 21, 

2000 shall be conducted by May 21, 2001.

(b) If a compliance extension request was submitted by a facility 

according to the provisions of subsection 39.3.4 and was approved 

by the Office of Air Resources, an initial performance test of that 

HMIWI must be conducted within 90 days after the equipment or 

process changes necessary to comply with this regulation are 

complete, but not later than September 16, 2002. 

(c) For HMIWI that commence construction on or after August 21, 

2000, initial performance tests must be conducted within 90 days 

after initial startup of the HMIWI. 

(d) All stack testing must be observed by the Office of Air Resources 

or its authorized representatives to be considered acceptable. 

39.7.2 A performance test protocol must be submitted for review and 

approval to the Office of Air Resources at least 60 days prior to 

conducting the initial or repeat performance test. The use of the 

bypass stack during a performance test shall invalidate the 

performance test. The initial performance tests shall be conducted 

according to the following specifications:

(a) All performance tests shall consist of a minimum of three test runs 

conducted under representative operating conditions;

(b) The minimum sampling time shall be 1 hour per test run unless 

otherwise required by the Office of Air Resources;.

(c) EPA Reference Method 1 in appendix A of 40 CFR Part 60 shall 

be used to select the sampling location and number of traverse 

points;

(d) EPA Reference Method 3 or 3A in appendix A of 40 CFR Part 60 

shall be used for gas composition analysis, including measurement 
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of oxygen concentration. EPA Reference Method 3 or 3A of 

appendix A of 40 CFR Part 60 shall be used simultaneously with 

each reference method;

(e) The pollutant concentrations shall be adjusted to 7 percent oxygen 

using the following equation:

Cadj = Cmeas (20.9-7)/(20.9-%O2)

where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;

Cmeas = pollutant concentration measured on a dry basis

(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 

correction basis); 

20.9 = oxygen concentration in air, percent; and

%O2 = oxygen concentration measured on a dry basis, percent;

(f) EPA Reference Method 5 or 29 of appendix A of 40 CFR Part 60 

shall be used to measure the particulate matter (PM) emissions; 

(g) EPA Reference Method 9 of appendix A of 40 CFR Part 60 shall 

be used to measure stack opacity;

(h) EPA Reference Method 10 or 10B of appendix A of 40 CFR Part 

60 shall be used to measure the carbon monoxide (CO) emissions;

(i) EPA Reference Method 23 of appendix A of 40 CFR Part 60 shall 

be used to measure total dioxin/furan emissions. The minimum 

sampling time shall be 4 hours per test run. The following 

procedures should be used to demonstrate compliance with the 

toxic equivalency quotient standards for dioxins/furans specified 

in Table 1(a) or 1(b):

1. Measure the concentration of each dioxin/furan tetrathrough octa-congener emitted using EPA Reference 

Method 23.

2. For each dioxin/furan congener measured in accordance 

with subparagraph 39.7.2(i)1, multiply the congener 

concentration by its corresponding toxic equivalency

factor, as specified in Table 2 of this regulation.

3. Sum the products calculated in accordance with 

subparagraph 39.7.2(i)2 to obtain the total toxic 

equivalent quotient for dioxins/furans;
Page 19 of 37

(j) EPA Reference Method 26 of appendix A of 40 CFR Part 60 shall 

be used to measure hydrogen chloride (HCl) emissions; 

(k) EPA Reference Method 29 of appendix A of 40 CFR Part 60 

shall be used to measure lead (Pb), cadmium (Cd), and mercury

(Hg) emissions.

(l) EPA Reference Method 22 of Appendix A of 40 CFR Part 60 

shall be used to determine compliance with the fugitive ash 

emission limits for HMIWI that commenced construction on or 

after June 20, 1996 specified in subsection 39.5.3. The minimum 

observation time shall be a series of three 1-hour observations.

39.7.3 The owner of a HMIWI shall conduct periodic performance tests to 

determine continuing compliance with the emission limits specified in 

section 39.5 of this regulation for opacity, PM, CO, and HCl using the 

applicable test methods specified in subsection 39.7.2. The use of a 

bypass stack during a performance test shall invalidate the 

performance test. Periodic tests shall be conducted according to the 

following schedule:

(a) Except as provided in paragraph (b) of this subsection, periodic 

tests shall be conducted no more than 12 months after the initial 

performance test at the facility and, thereafter, no more than 12 

months following the previous performance test.

(b) If, in a 3-year period, all three annual performance tests 

demonstrate compliance with the emission limit for a pollutant 

(PM, CO, or HCl), the frequency of testing for that pollutant may

be reduced to once in three years. If any performance test 

indicates noncompliance with an applicable emission limit, 

performance tests for that pollutant shall be conducted annually 

until all annual performance tests in a 3-year period indicate 

compliance with the emission limit. In no case shall the period 

between performance tests for PM, CO, or HCl be longer than 3 

years.

39.7.4 For large HMIWI that commenced construction on or after June 20, 

1996, continuing compliance with the visible emission limits for 

fugitive emissions from fly ash/bottom ash storage and handling in 

paragraph 39.5.3(b) of this regulation must be demonstrated by

conducting a performance test using EPA Reference Method 22 no 

more than 12 months after the initial performance test and annually 

thereafter.
Page 20 of 37

39.7.5 HMIWI may use a CEMS to demonstrate continuing compliance with 

any of the applicable emission limits in Table 1(a) or Table 1(b) 

provided that:

(a) Compliance with the applicable emission limit(s) is determined 

using a 12-hour rolling average, calculated each hour as the 

average of the previous 12 operating hours (not including startup, 

shutdown, or malfunction) and

(b) All CEMS are operated in accordance with the applicable 

procedures specified in appendices B and F of 40 CFR Part 60.

39.7.6 The owner or operator of a HMIWI equipped with a dry scrubber 

followed by a fabric filter, a wet scrubber, or a dry scrubber followed 

by a fabric filter and wet scrubber shall:

(a) During the initial performance test, establish maximum and 

minimum values for each of the applicable operating parameters 

listed in Table 3 as site-specific operating parameters; and

(b) Following the date on which the initial performance test is 

completed or is required to be completed, whichever is earlier, 

ensure that the HMIWI does not operate above any of the 

applicable maximum operating parameters or below any of the 

applicable minimum operating parameters, measured as 3-hour 

rolling averages (calculated each hour as the average of the 

previous 3 operating hours) at all times except during periods of 

startup, shutdown and malfunction. Operating parameter limits do 

not apply during performance tests. Operation above the 

established maximum or below the established minimum 

operating parameter(s) shall constitute a violation of that 

operating parameter(s).

39.7.7 Except as provided in subsection 39.7.10, continuous compliance 

status for HMIWI equipped with a dry scrubber followed by a fabric 

filter shall be determined as follows:

(a) Operation of the HMIWI above the maximum charge rate and 

below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall 

constitute a violation of the CO emission limit.

(b) Operation of the HMIWI above the maximum fabric filter inlet 

temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 
Page 21 of 37

of the dioxin/furan emission limit.

(c) Operation of the HMIWI above the maximum charge rate and 

below the minimum HCl sorbent flow rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the HCl emission limit.

(d) Operation of the HMIWI above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the Hg emission limit.

(e) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits.

39.7.8 Except as provided in subsection 39.7.10, continuous compliance 

status for HMIWI equipped with a wet scrubber shall be determined as 

follows:

(a) Operation of the HMIWI above the maximum charge rate and 

below the minimum pressure drop across the wet scrubber or 

below the minimum horsepower or amperage to the system (each 

measured on a 3-hour rolling average) simultaneously shall 

constitute a violation of the PM emission limit.

(b) Operation of the HMIWI above the maximum charge rate and 

below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall 

constitute a violation of the CO emission limit.

(c) Operation of the HMIWI above the maximum charge rate, below 

the minimum secondary chamber temperature, and below the 

minimum scrubber liquor flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit.

(d) Operation of the HMIWI above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the HCl emission limit.

(e) Operation of the HMIWI above the maximum flue gas temperature 

and above the maximum charge rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 
Page 22 of 37

Hg emission limit.

(f) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits.

39.7.9 Except as provided in subsection 39.7.10, continuous compliance 

status for HMIWI equipped with a dry scrubber followed by a fabric 

filter and a wet scrubber shall be determined as follows:

(a) Operation of the HMIWI above the maximum charge rate and 

below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall 

constitute a violation of the CO emission limit.

(b) Operation of the HMIWI above the maximum fabric filter inlet 

temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the dioxin/furan emission limit.

(c) Operation of the HMIWI above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the HCl emission limit.

(d) Operation of the HMIWI above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation 

of the Hg emission limit.

(e) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits.

39.7.10 The owner or operator of a HMIWI may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the affected facility is not in violation 

of the applicable emission limit(s). Repeat performance tests 

conducted for this purpose shall be conducted under the identical 

operating parameters that indicated a violation under subsections 

39.7.7, 39.7.8, or 39.7.9 of this regulation. All stack testing must be 

observed by the Office of Air Resources or its authorized 

representatives to be considered acceptable.
Page 23 of 37

39.7.11 The owner or operator of a HMIWI using an air pollution control 

device other than a dry scrubber followed by a fabric filter, a wet 

scrubber, or a dry scrubber followed by a fabric filter and a wet 

scrubber to comply with the applicable emission limits in Table 1(a) or 

Table 1(b) shall:

(a) As part of the performance test protocol required in subsection 

39.7.2, the owner or operator must submit to the Director for 

approval site-specific operating parameters to be monitored during 

the initial performance test and continuously thereafter. The 

following information must be included in the submittal:

1. A description of the facility, including the devices 

controlled with the air pollution control device;

2. The proposed operating parameters to be monitored; and

3. Technical data and information demonstrating that the 

operating parameters submitted to be monitored are 

sufficient for monitoring operation of the alternative air 

pollution control device.

(b) The owner or operator shall not conduct the initial performance 

test until after the performance test protocol has been approved by 

the Director.

(c) Compliance with operating parameters shall be determined as 

follows:

1. During the initial performance test, establish maximum 

and minimum values for each of the operating 

parameters approved by the Director as site-specific 

operating parameters; and

2. Following the date on which the initial performance test 

is completed or is required to be completed, ensure that 

the HMIWI does not operate above any of the applicable 

maximum operating parameters or below any of the 

applicable minimum operating parameters, measured as 

3-hour rolling averages (calculated each hour as the 

average of the previous 3 operating hours) at all times 

except during periods of startup, shutdown and 

malfunction. Operating parameter limits do not apply

during performance tests. Operation above the 

established maximum or below the established minimum 

operating parameter(s) shall constitute a violation of that 
Page 24 of 37

operating parameter(s).

39.7.12 The owner or operator of a HMIWI may conduct a repeat performance 

test at any time to establish new values for the operating parameters. 

The Department may request a repeat performance test at any time. All 

stack testing must be observed by the Office of Air Resources or its 

authorized representatives to be considered acceptable.

39.8 Monitoring Requirements

39.8.1 The owner or operator of a HMIWI shall install, calibrate (to 

manufacturers' specifications), maintain, and operate devices (or 

establish methods) for monitoring and recording the applicable 

maximum and minimum operating parameters listed in Table 3 at the 

frequencies indicated in that table at all times except during periods of 

startup and shutdown.

39.8.2 The owner or operator of a HMIWI shall install, calibrate (to 

manufacturers' specifications), maintain, and operate a device or 

method for measuring the use of the bypass stack including date, time, 

and duration.

39.8.3 The owner or operator of a HMIWI using an air pollution control 

device other than a dry scrubber followed by a fabric filter, a wet 

scrubber, or a dry scrubber followed by a fabric filter and a wet 

scrubber to comply with the emission limits in Table 1(a) or Table 1(b) 

shall install, calibrate (to the manufacturers' specifications), maintain, 

and operate the equipment necessary to monitor the site-specific 

operating parameters established according to the provisions of 

subsection 39.7.11 of this regulation.

39.8.4 The owner or operator of a HMIWI shall obtain and record monitoring 

data at all times during operation of the HMIWI except during periods 

of monitoring equipment malfunction, calibration, or repair. At a 

minimum, valid monitoring data shall be obtained for 75 percent of the 

operating hours per day and for 90 percent of the operating days per 

calendar quarter that the HMIWI is combusting hospital waste and /or 

medical/infectious waste.

39.9 Reporting and Recordkeeping Requirements

39.9.1 The owner or operator of any HMIWI subject to this regulation shall 

maintain records of the following information, as applicable, for a 

period of at least 5 years. The records must be made available for 
Page 25 of 37

inspection, upon request by the Department:

(a) Calendar date of each record;

(b) Concentrations of pollutants listed in Table 1(a) or Table 1(b) and 

measurements of opacity, as determined by the continuous 

emission monitoring system, if applicable;

(c) Results of fugitive emissions tests using EPA Reference 

Method 22, if applicable;

(d) HMIWI charge dates, times, and weights and hourly charge rates;

(e) Fabric filter inlet temperatures during each minute of operation, as 

applicable;

(f) Amount and type of dioxin/furan sorbent used during each hour of 

operation, as applicable;

(g) Amount and type of Hg sorbent used during each hour of 

operation, as applicable; 

(h) Amount and type of HCl sorbent used during each hour of 

operation, as applicable;

(i) Secondary chamber temperatures recorded during each minute of 

operation;

(j) Liquor flow rate to the wet scrubber inlet during each minute of 

operation, as applicable;

(k) Horsepower or amperage to the wet scrubber during each minute 

of operation, as applicable;

(l) Pressure drop across the wet scrubber system during each minute 

of operation, as applicable;

(m) Temperature at the outlet from the wet scrubber during each 

minute of operation, as applicable;

(n) pH at the inlet to the wet scrubber during each minute of 

operation, as applicable;

(o) Records of all operating parameter data collected pursuant to 

subsection 39.8;
Page 26 of 37

(p) Records of each time the bypass stack was used, including date, 

time and duration, reason for malfunction, and corrective action 

taken;

(q) Records of periods for which the monitoring data specified in 

subsection 39.8 was not obtained, including the date, time, 

duration, an identification of the emission rates or operating 

parameters not measured, reasons for not obtaining the data, and a 

description of corrective actions taken.

(r) Identification of the calendar day, time and duration of any

malfunction, and a description of the malfunction and the 

corrective action taken.

(s) Identification of calendar days for which emission rates or 

operating parameters exceeded the applicable limits, with a 

description of the exceedance, reasons for the exceedance, and 

corrective actions taken.

(t) The results of initial, annual, and any subsequent performance 

tests conducted to determine compliance with the emission limits 

and/or to establish operating parameters, as applicable.

(u) All documentation produced to comply with the pre-construction 

requirements specified in subsection 39.4;

(v) Records of the names of HMIWI operators who have completed 

review of the information specified in subsection 39.10.8, as 

required in subsection 39.10.9 of this regulation, including the 

date of the initial review and all subsequent annual reviews;

(w) Records of the names of HMIWI operators who have completed 

the operator training and qualification requirements specified in 

subsections 39.10.3 through 39.10.7 of this regulation, including 

documentation of training received, dates of training and dates of 

qualification;

(x) Records of installation, calibration, inspection, operation and 

maintenance of any monitoring devices used to comply with 

section 39.8 of this regulation; and

(y) Records of annual equipment inspections, as required in section 

39.6 of this regulation, including required maintenance and 

repairs, and any repairs not completed by the dates specified in 

subsection 39.6.2.
Page 27 of 37

39.9.2 The owner or operator of a HMIWI shall submit the following 

information to the Office of Air Resources, signed by the facilities 

manager, no later than 60 days following the initial performance test: 

(a) Emissions rates, operating parameters, and other applicable data 

pertaining to the initial performance test, as specified in 

paragraphs (a) through (l) of subsection 39.7.2; and

(b) The maximum and minimum values for the site-specific operating 

parameters established pursuant to subsection 39.7.6 or 39.7.11 of 

this regulation, as applicable.

39.9.3 The owner or operator of a HMIWI shall submit semiannual reports to 

the Office of Air Resources for the reporting periods January1 – June 

30 and July 1 – December 31. The reports must be submitted no later 

than 60 days following the ending of the semiannual reporting period 

in which the data were collected. The first semiannual reporting period 

ends either June 30 or December 31, whichever comes first, following 

the submission of information in subsection 39.9.2 of this regulation. 

All reports shall be signed by the facilities manager and all applicable 

information and records in this report must be maintained for 5 years. 

The report must include the following information:

(a) Any information recorded under subsections 39.9.1(q) through 

39.9.1(s) of this regulation.

(b) The maximum and minimum values for the site-specific operating 

parameters established pursuant to subsection 39.7.6 or 39.7.11, as 

applicable;

(c) The highest and lowest values recorded for each applicable 

operating parameter during the reporting period and during the 

calendar year of the period being reported and the previous 

calendar year, as applicable;

(d) Any information recorded pursuant to paragraphs (p) through (s) of 

subsection 39.9.1of this regulation for the reporting period, the 

calendar year being reported and the previous calendar year, as 

applicable;

(e) If no exceedances or malfunctions were reported under subsections 

39.9.1(q) through 39.9.1(s) of this regulation for the reporting 

period, a statement that no exceedance occurred during the 

reporting period; and
Page 28 of 37

(f) If a performance test was conducted during the reporting period, 

the results of that test.

39.9.4 All records specified under subsection 39.9.1 of this regulation shall be 

maintained onsite in either paper copy or computer-readable format, 

unless an alternative format is approved by the Director. Records must 

be signed by the facilities manager.

39.10 HMIWI Operation, Training, and Qualification Requirements

39.10.1 No owner or operator of an affected facility shall allow the facility to 

operate at any time unless a fully trained and qualified HMIWI

operator is at the facility at all times that the HMIWI is operating. The 

trained and qualified HMIWI operator may operate the HMIWI

directly or be the direct supervisor of one or more HMIWI operators.

39.10.2 HMIWI operator training and qualification shall be obtained and 

maintained according to the specifications in subsections 39.10.3 

through 39.10.7 of this regulation.

39.10.3 HMIWI operator training shall be obtained by completing and passing 

an HMIWI operator training course that includes, at a minimum, the 

following elements:

(a) 24 hours of training on the following subjects:

1. Environmental concerns, including pathogen destruction 

and types of emissions;

2. Basic combustion principles, including products of 

combustion;

3. Operation of the type of incinerator to be used by the 

operator, including proper startup, waste charging, and 

shutdown procedures;

4. Combustion controls and monitoring;

5. Operation of air pollution control equipment and factors 

affecting performance, if applicable;

6. Methods to monitor pollutants (i.e. continuous emission 

monitoring systems and monitoring of HMIWI and air 

pollution control device operating parameters) and 
Page 29 of 37

equipment calibration procedures, where applicable;

7. Inspection and maintenance of the HMIWI, air pollution 

control devices, and continuous emission monitoring 

systems;

8. Actions to correct malfunctions or conditions that may

lead to malfunction;

9. Bottom and fly ash characteristics and handling 

procedures;

10. Applicable Federal, State, and local regulations;

11. Work safety procedures;

12. Pre-startup inspections; and

13. Recordkeeping requirements;

(b) An examination designed and administered by the instructor; and

(c) Reference material distributed to the attendees covering the course 

topics.

39.10.4 HMIWI operator qualification shall be obtained by:

(a) Completing and passing a training course that satisfies the criteria 

listed in subsection 39.10.3 of this regulation; and

(b) Either 6 months experience as an HMIWI operator, 6 months 

experience as a direct supervisor of an HMIWI operator, or 

completion of at least two burn cycles under the observation of 

two qualified HMIWI operators.

39.10.5 HMIWI operator qualification is valid for 1 year from the date on 

which the examination specified in subsection 39.10.3 of this 

regulation is passed, or the completion of the required experience 

specified in subsection 39.10.4 of this regulation, whichever is later.

39.10.6 The trained and qualified HMIWI operator must maintain and renew 

qualification yearly by completing and passing an annual review or 

refresher course of at least 4 hours covering, at a minimum, the 

following:
Page 30 of 37

(a) Applicable regulations;

(b) Incinerator operation, including startup and shutdown procedures;

(c) Inspection and maintenance;

(d) Responses to malfunctions or conditions that may lead to 

malfunction; and

(e) Discussion of operating problems encountered by attendees.

39.10.7 A lapsed qualification for a HMIWI operator may be renewed by one 

of the following methods:

(a) For a lapse of less than 3 years, the HMIWI operator shall 

complete and pass a standard annual refresher course described in 

subsection 39.10.6 of this regulation.

(b) For a lapse of 3 years or more, the HMIWI operator shall 

complete and pass a training course with the minimum criteria 

described in subsection 39.10.3 of this regulation.

39.10.8 The owner or operator of an affected facility shall maintain the 

following documentation at the facility:

(a) A summary of applicable Federal, State, and local regulations;

(b) A description of basic combustion theory applicable to an 

HMIWI;

(c) Procedures for receiving, handling, and charging waste;

(d) HMIWI startup, shutdown, and malfunction procedures;

(e) Procedures for maintaining proper combustion air supply levels;

(f) Procedures for operating the HMIWI and associated air pollution 

control systems according to the requirements of this regulation;

(g) Procedures for responding to periodic malfunction or conditions 

that may lead to malfunction;

(h) Procedures for monitoring HMIWI emissions; 

(i) Reporting and recordkeeping procedures; and
Page 31 of 37

(j) Procedures for handling ash.

39.10.9 The owner or operator of an affected facility shall review the 

information listed in subsection 39.10.8 of this regulation semiannually with each HMIWI operator according to the following 

schedule:

(a) The initial review of the information listed in subsection 39.10.8 

of this regulation shall be conducted by February 21, 2001 or prior 

to the operator’s assumption of responsibilities affecting HMIWI

operation, whichever date is later.

(b) Subsequent reviews of the information listed in subsection 39.10.8 

of this regulation shall be conducted annually (no later than 12 

months after the previous review).

39.10.10 The information listed in subsection 39.10.8 of this regulation shall be 

kept in a readily accessible location for all HMIWI operators. This 

information, along with records of training, shall be available for 

inspection by the Department or EPA upon request.

39.11 Inspection and Entry

39.11.1 Employees of the Office of Air Resources and its authorized 

representatives shall be allowed to enter any facility subject to this 

regulation at all reasonable times for the purpose of:

(a) Having access to and copying any applicable records to determine 

compliance with this regulation;

(b) Inspecting any equipment, practices, or operations required in this 

regulation; 

(c) Sampling or monitoring substances or parameters for the purpose 

of assuring compliance with this regulation or other applicable 

requirements; and

(d) Any other areas or operations the Director deems necessary.

39.11.2 Nothing in this regulation shall limit the ability of EPA to inspect or 

enter the premises of a HMIWI under the provisions of the Clean Air 

Act.

39.11.3 No person shall obstruct, hamper, or interfere with any such authorized 

representative while in the process of carrying out his/her official 

duties. 
Page 32 of 37

39.12 General Provisions

39.12.1 Purpose

The purpose of this regulation is to limit emissions from hospital, 

medical and infectious waste incinerators.

39.12.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated 

pursuant to the procedures set forth in the R.I. Administrative 

Procedures Act, R.I. Gen. Laws Chapter 42-35

39.12.3 Application

The terms and provisions of this regulation shall be liberally

construed to permit the Department to effectuate the purposes of 

state law, goals and policies.

39.12.4 Severability

If any provision of this regulation or the application thereof to any

person or circumstance, is held invalid by a court of competent 

jurisdiction, the validity of the remainder of the regulation shall not 

be affected thereby.

39.12.5 Effective Date

The foregoing regulation, "Hospital/Medical/Infectious Waste 

Incinerators”, as amended, after due notice, is hereby adopted and 

filed with the Secretary of State this ___29th__ day of 

____June_______, 2007_ to become effective twenty (20) days 

thereafter, in accordance with the provisions of Chapters 23-23, 42-

35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, 

as amended.
Page 33 of 37

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007
Page 34 of 37

Table 1 (a) . Emission limits for HMIWI constructed on or before June 20, 1996

Pollutant Units (7 percent oxygen, dry basis)

Emission limits

HMIWI size

Small Medium Large

Particulate matter milligrams per dry standard cubic meter 

(grains per dry standard cubic foot)

115

(0.05)

69

(0.03)

34

(0.015) 

Carbon monoxide parts per million by volume 40 40 40

Dioxins/furans either:

total dioxins/furans1

nanograms per dry standard cubic meter 

(grains per billion dry standard cubic 

feet), or

total dioxin/furan TEQ

nanograms per dry standard cubic meter 

(grains per billion dry standard cubic feet)

125

(55) 

2.3 

(1.0)

125

(55) 

2.3

(1.0)

125

(55) 

2.3

(1.0)

Hydrogen chloride parts per million by volume 100 100 100

Sulfur dioxide parts per million by volume 55 55 55

Nitrogen oxides parts per million by volume 250 250 250

Lead milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

1.2 

(0.52) 

1.2 

(0.52)

1.2

(0.52)

Cadmium milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

0.16

(0.07)

0.16

(0.07) 

0.16

(0.07) 

Mercury milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet)

0.055

(0.024)

0.055

(0.024)

0.055

(0.024)

 

1 Total dioxin/furan is the sum of the emissions of all tetra- through octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans, as measured by EPA Reference Method 23. To calculate Toxic Equivalent Quantity (TEQ), 

emissions of those congeners are weighted according to international toxic equivalency factors and then 

summed.
Page 35 of 37

Table 1(b). Emission limits for HMIWI constructed after June 20, 1996

Pollutant Units (7 percent oxygen, dry basis)

Emission limits

HMIWI size

Small Medium Large

Particulate matter milligrams per dry standard cubic meter 

(grains per dry standard cubic foot)

69

(0.03)

34

(0.015)

34

(0.015) 

Carbon monoxide parts per million by volume 40 40 40

Dioxins/furans either:

total dioxins/furans2

nanograms per dry standard cubic meter 

(grains per billion dry standard cubic 

feet), or

total dioxin/furan TEQ

nanograms per dry standard cubic meter 

(grains per billion dry standard cubic feet)

125

(55) 

2.3 

(1.0)

25

(11) 

0.6

(0.26)

25

(11) 

0.6

(0.26)

Hydrogen chloride parts per million by volume 15 15 15 

Sulfur dioxide parts per million by volume 55 55 55

Nitrogen oxides parts per million by volume 250 250 250

Lead milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

1.2 

(0.52) 

0.07 

(0.03)

0.07

(0.03)

Cadmium milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

0.16

(0.07)

0.04

(0.02) 

0.04

(0.02) 

Mercury milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet)

0.055

(0.024)

0.055

(0.024)

0.055

(0.024)

 

2 Total dioxin/furan is the sum of the emissions of all tetra- through octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans, as measured by EPA Reference Method 23. To calculate Toxic Equivalent Quantity (TEQ), 

emissions of those congeners are weighted according to international toxic equivalency factors and then 

summed.
Page 36 of 37

Table 2. Toxic Equivalency Factors

Dioxin/furan congener Toxic Equivalency

Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated dibenzofuran 0.5

1,2,3,7,8-pentachlorinated dibenzofuran 0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1

1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01

octachlorinated dibenzofuran 0.001
Page 37 of 37

Table 3. Operating Parameters to be Monitored and Minimum Measurement and Recording Frequencies

Operating parameters to be monitored

Minimum frequency Control system

Data 

measurement 

Data 

recording 

Dry scrubber 

followed by 

fabric filter

Wet 

scrubber

Dry scrubber 

followed by 

fabric filter and 

wet scrubber

Maximum operating parameters

Maximum charge rate continuous 1 per hour   

Maximum fabric filter inlet temperature continuous 1 per minute  

Maximum flue gas temperature continuous 1 per minute 

Minimum operating parameters

Minimum secondary chamber temperature continuous 1 per minute   

Minimum dioxin/furan sorbent flow rate hourly 1 per hour  

Minimum HCl sorbent flow rate hourly 1 per hour  

Minimum mercury (Hg) sorbent flow rate hourly 1 per hour  

Minimum pressure drop across the wet 

scrubber or minimum horsepower or 

amperage to wet scrubber

continuous 1 per minute  

Minimum scrubber liquor flow rate continuous 1 per minute  

Minimum scrubber liquor pH continuous 1 per minute  