**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 J

uly 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 AI R 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 Em ission Limitations

................................ ................................ ................................ ...................... 14 39.6 Inspection & Repair Requireme nts

................................ ................................ ................................ . 15 39.7 Com

pliance 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 construct ed 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

. 37Page 1 of 37

**RHODE ISLAND DEPARTMENT OF ENVIRONME NTAL MANAGEMENT** 

**OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION 3**  **9 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 HMI WIthat is designed such that neither

waste char ging 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; dialy sate; amniotic, cerebrospinal, sy novial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions. 39.1.5 **“Bypass stack”** means a device used for discharging combustion

gases to avo id 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 cell s. 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 o f 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, chemotherapeuticPage 2 of 37 waste, and low

- level radioactive waste are cons idered “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 sy stem 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 dibenzofur ans, as measured by EPA Reference Method 23. 39.1.11 **“Dry scrubber”** means an add

- on air pollution control sy stem that

injects dry

alkaline sorbent (dry

injection) or spray s an alkaline sorbent (spray dry er) to react with and neutralize acid gases in the HMIWI exh aust stream forming a dry powder material. 39.1.12 **“Fabric filter or baghouse”** means an add

- on air pollution control

sy stem 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 HM IW I or the owner or operator’s representative responsible for the management of the HMI WI

. Alternative titles may

include director of facilities or vice president of support sy stems. 39.1.14 **“High**
**- air phase”**  means the stage of the batch operating cy cle 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 H MIWI or** 

**HMIWI unit”**  means any device that combusts any amount ofPage 3 of 37 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

- da y 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 HMI WIwhose maximum design waste burning capacity is more than 500 pounds per hour; or (2) A continuous or intermittent HMIWIwho se 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 primaril y 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 b y the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2). 39.1.23 **“Malfunction”** means any sudden, infrequent, and not reasonabl y 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:Page 4 of 37 (1) For continuous and intermittent HMI WI , 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 HMI WI , 110 percent of the lowest dail y charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. 39.1.25 **“Maximum design wa ste burning capacity”**  means:

(1) For intermittent and continuous HMI WI C = P v x 15,000/8,500 where: C = HMIWIcapacity , lb/hr P v = primary

chamber volume, ft 3 15,000 = primary

chamber heat release factor, Btu/ft 3 /hr 8,500 = standard waste heating value, Btu/lb; (2) For batch HMI WI C = P v x 4.5/8 where: C = HMIWIcapacity , lb/hr P v = primary

chamber volume, ft 3 4.5 = waste density , lb/ft 3 8 = ty pical hours of operation of a batch HM IW I, 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 g as 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:Page 5 of 37 (1) Cultures and st ocks 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 bod y fluids that are removed during surgery or autops y, or other medical pr ocedures, 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 anal ys is 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 h ypodermic 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 ty pes of broken or unbroken glassware that were in contact with infectious agents, su ch as used slides and cover slips; (5) Animal waste including contaminated animal carcasses, bod y 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 highl y communicable diseases, or isolated animals known to be infected with highly communicable diseases; andPage 6 of 37 (7) Unused sharps including the following unused, discarded sharps: hy podermic needles, suture needles, sy ringes, and scalpel blades.

39.1.29 **“Medium HMIWI”** means:

(1) Except a s provided in paragraph (2); (i) A HMI WIwhose 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 HMIWIwhose maximum charge rate is more than 200 pounds per ho ur 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 HMI WIis not a "Medium HMI WI " 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 HMIWIor 4,000 pounds per day for batch HMI WI

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

highest 3

- hour average dioxin/furan s orbent 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 l imit. 39.1.33 **“Minimum horsepower or amperage”** means 90 percent of thePage 7 of 37 highest 3

- hour average hors epower 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 limi ts. 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 emis sion 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 an y change to an

HMIWIunit after the effective date of this regulation such that: (1) The cumulative costs of the modifications, over the life of the unit, excee d 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 phy sical 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 “ **O perating day”**  means a 24

- hour period between 12:00 midnight

and the following midnight during which an y amount of hospital wastePage 8 of 37 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 b y EPA R eference M ethod 5 or Reference Method 29. 39.1. 42 **“Pathological waste”** means waste material cons isting of onl y 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 HMIWIthat 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 HMIWIthat

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 c ommence 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 high

air phase of combustion has been completed. 39.1.47 **“Small HMIWI”** means an HMI WIwhose 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 f or continuous or intermittent HMI WIand less than or equal to 1,600 pounds per day

for batch HMI WI

. 39.1.48 **“Standard conditions”** means a temperature of 20 o C and a pressure

of 101.3 kilopascals.Page 9 of 37 39.1.49 **“Startup”** means the period of time between the act ivation of the

sy stem and the first charge to the unit. For batch HMIWI , startup means the period of time between activation of the sy stem and ignition of the waste. 39.1.50 **“Wet scrubber”** means an add

- on air pollution control device that

utilizes an alk aline 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 regulatio n 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 in cinerator: (a) Has notified the Office of Air Resources, in writing, that it is burning onl y 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 subjec t to those subsections; and (b) Records continuously , summarizes quarterl y, and keeps available for inspection for a period of five ye ars 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 co

fired 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; andPage 10 of 37 (c) Records continuously , summarizes quarterl y, and keeps available for inspection for a period of five ye ars records of the ty pe and weight of hospital waste and medical/infectious waste burned, and the weight of all other fuels and wastes burned at the co

- fired inc inerator. 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 o f 40 CFR Part 60 (standards or guidelines for certain municipal waste combustors) is not subject to this regulation. 39.2.6 Any

py roly sis unit, as defined in subsection 39.1

. 44 , is not subject to this regulation. 39.2.7 Phy sical or operational changes made to an exist ing HMIWI unit

(those constructed prior to June 20,1996) solely for the purpose of comply ing with the requirements of this regulation shall not be considered a modification as defined in subsection 39.1.38 and shall not cause the HM IW I to be subject to the provisions in this regulation for new HM IW I (those constructed after June 20, 1996).

39.2.8 For an y HMIWI , this regulation supercedes Rhode Island Air Pollution

Control Regulation No.12 for those areas where there are overlapping requirements. HM IW I must comp ly with all applicable provisions of this regulation. **39.3 Plan Submittals and Compliance Schedules**  39.3.1 The owner or operator of a HMIWIsubject to this regulation must

submit a HMIWIEmissions Control Plan (ECP) to the Office of Air Resources for review and appr oval b y October 20, 2000. If an ECP is not submitted by

October 20, 2000 or if the Department determines the ECP is not approvable, the HMIWIshall immediately cease operations, and shall not operate until an ECP is approved. A HMIWI subject to this regul ation must operate pursuant to an operating permit issued according to the provisions of RIAPC Regulation No. 29, “Operating Permits.” The facilit y'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:Page 11 of 37 (a) The control efficiency , equipment description and specifications, and standard operating and maintenance procedures for an y control equipment which will be used to comply with this regulation; (b) A proposed c onstruction schedule and anticipated completion date for an y planned installation or modification of equipment to comply with this regulation; (c) Any additional information requested b y 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 follo wing:

(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 HMI WI . 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 poly

viny l chloride (PVC) and/or other dioxin/furan precursors; (b) A description of recy cling programs to be implemented at the facility , such as programs to recy cle mercury products, paper, cardboard, plastics, glass, batteries, materials which contain PVC and/or other dioxin/furan precursors and metals; and / or purchasing recy cled or recy clable products; (c) A description of reasonably available additional waste management measures (for example, product substitution) which will be implemented at the facilit y, taking into account the effectiveness of waste manag ement measures already in place, the costs of additional measures, the emission reductions expected to be achieved, and an y other environmental or energy impacts associated with such measures;Page 12 of 37 (d) Measures and milestones towards becoming a mercury free facili ty by 2003; (e) Milestones towards reducing PVC in the waste stream b y 50% b y 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 HMIWIwill require, through a contract or another legall y binding mechanism, that an y other facilit y which generates and transports hospital/ medical/ infectious waste to the HMIWIfor incineration has adopted and is comply ingwith a Waste Management Plan consistent with that adopted by the HMIWI ; (h) A ll 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 Medic al 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, In c., Post Offic e Box 92683, Chicago, Il linois 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 differe nt areas or departments at the facilit y 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 HM IW I may apply for an extension to the compliance date specified in subsection 39.3.3. This extension request must bePage 13 of 37 submitted as part of the ECP, by the date specified in subsection 39.3.1, and must include the following information: (a) Reasons wh y the facility cannot compl y with the requirements of this regulation b y the date specified in subsection 39.3.3. (b) The date b y which contracts wil l be awarded and/or purchase orders issued for an y air pollution control sy stems 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 constructio n 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 constructio n or installation of control equipment or process changes to compl y 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 achi eved. Final compliance must be achieved by September 16, 2002. 39.3.5 If the owner of a HMI WI plans to comply with this regulation by permanentl y ceasing operation of the HMIWI, the owner or operator of the HMIWImust submit a closure plan to the Office of Air R esources 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 HMIWIafter the incinerator ceases operation. 39.3.6 The owner or operator of a HMIWIwhich plans to comply with this regulation by

ceasing operations may

appl y to the Director for an exten sion to the closure date specified in subsections 39.3.3 and 39.3.5(a) b y submitting the following information as part of its ECP: (a) Justification of why

an extension is warranted;Page 14 of 37 (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 bey ond August 21, 2001.

**39.4 Pre** 
**- construction Requirements**  39.4.1 An y HM IW I 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

HM IW I that commenced construction prior to June 20, 1996 must comply with the emi ssion limitations listed in Table 1(a) and subsection 39.5.1(a) b y t he applicable dates specified in section 39.3 of this regulation. (a) Stack emissions shall not exhibit greater than 10 percent opacit y (6

- minute block average). 39.5.2 Any

HM IW I that commenced con struction 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

HM IW I 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 opacit y (6

- minute block avera ge); (b) Emissions of combustion ash from ash conveying sy stems (including convey or transfer points) at large HMIWIshall not be visible for more than 5 percent of an observation period (i.e., 9 minutes per 3

- hour period), as determined b y EPA Reference Metho d 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 orPage 15 of 37 enclosures of ash conveying s ys tems; however, the emission limit does appl y to visible emissions discharged to the atmosphere from buildings or enclosures of ash convey ing s ys tems; and (d) The provisions specified in paragraph (b) of this section do not apply during maintenance and repair of ash convey ings ys tems. Maintenance and/or repair shall not occur on more than 10 operating day s 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 co nvey ing s ys tems 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 HMI WIduring 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 co mes 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 day s, which includes the cause of the malfunction, an y exceedance, and act ions 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 day s. **39.6 Inspection & Repair Requirements**  39.6.1 The owner or op erator of any HMIWIsubject to the emission limi ts in Table 1(a) or Table 1(b), must conduct an initial equipment inspection identify ing an y necessary repairs b y October 20, 2000 and yearl y 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 corros ion 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) F or the burn cy cle that follows the inspection, document that the incinerator is operating properl y and make an y necessary adjustments; (m) Inspect air pollution control device(s) for proper operation, if applicable; (n) Inspect waste heat boiler sy stems to ensur e proper operation, if applicable; (o) Inspect b ypass stack components; (p) Ensure proper calibration of thermocouples, sorbent feed s ys tems and an y 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 whereb y all corrections of deficiencies shall bePage 17 of 37 completed. **39.7 Compliance and Performance Testing Requirements**  39.7.1 Any

HM IW I 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 facilit y according to the provisions of subsection 39.3.4 and was approved by the Office of Air Resources, an initial performance test of that HMIWImust be conducted within 90 day s after the equipment or process changes necessary to compl y 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 day s after initial startup of the HMIWI

. (d) All stack testing must be observed b y 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 R esources at least 60 day s prior to conducting the initial or repeat performance test. The use of the by pass 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 b y the Office of Air Resources;. (c) E PA 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 analy sis, including measureme ntPage 18 of 37 of ox ygen 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 ox ygen using the following equation: C adj = C m eas (20.9

- 7)/(20.9

- %O 2 ) where: C adj = pollutant concentration adjusted to 7 percent ox yg en; C meas = pollutant concentration measured on a dry basis (20.9

- 7) = 20.9 percent ox ygen - 7 percent ox ygen (defined ox ygen

correction basis); 20.9 = o xy gen concentration in air, percent; and %O 2 = oxy gen 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 sh all 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 tetra

through 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 concentratio n 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 h ydrogen 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 o f Appendix A of 40 CFR Part 60 shall be used to determine compliance with the fugitive ash emission limits for HMIWIthat 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 HM IW I shall conduct periodic performance tests to

determine continuing compliance with the emission limits specified in section 39.5 of this regulation for opacit y, PM, CO, and HCl using the applicable test methods specified in subsection 39.7.2. The use of a by pass 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, peri odic 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

- ye ar 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 ye ars. If an y performance test indicates noncompliance with an applicable emission limit, performance tests fo r that pollutant shall be conducted annuall y until all annual performance tests in a 3

- ye ar 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 ye ars. 39.7.4 For large HMI WIthat 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 conductin g a performance test using EPA Reference Method 22 no more than 12 months after the initial performance test and annuall y thereafter.Page 20 of 37 39.7.5 HMIWImay

use a CEMS to demonstrate continuing compliance with any of the applicable emission limits in Table 1(a) or Tab le 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 HMIWIequipped with a dry scrubber followed b y a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric f ilter 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 p erformance test is completed or is required to be completed, whichever is earlier, ensure that the HM IW I does not operate above any of the applicable maximum operating parameters or below an y of the applicable minimum operating parameters, measured as 3

- ho ur 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 est ablished 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 HMI WIequipped 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 emi ssion 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 violat ionPage 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) Op eration 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 b ypass 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 HMI WIequipped with a wet scrubber shall be determined as follo ws: (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 sy stem (each measured on a 3

- hour rolling average) simultaneously shall constitute a vi olation 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) O peration of the HMI WI 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 abov e 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 thePage 22 of 37 Hg emission limit. (f) Use of the b ypass 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 HMI WIequipped 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 b ypass 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 HMIWImay conduct a repeat performance test within 30 day s of violation of applicable operating parameter(s) to demonstrate that the aff ected 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 b y 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 HMIWIusing 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 compl y 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 o f 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 suffic ient 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 b y the Director. (c) Compliance with operating par ameters shall be determined as follows: 1. During the initial performance test, establish maximum and minimum values for each of the operating parameters approved b y t he Director as site

- specific operating parameters; and 2. Following the date on which the ini tial performance test is completed or is required to be completed, ensure that the HMIWIdoes not operate above any of the applicable maximum operating parameters or below an y of the applicable minimum operating parameters, measured as 3

- hour rolling avera ges (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 thatPage 24 of 37 operating parameter(s). 39.7.12 The owner or operator of a HMIWImay 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 b y 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 ta ble at all times except during periods of startup and shutdown. 39.8.2 The owner or operator of a HMIWIshall install, calibrate (to

manufacturers' specifications), maintain, and operate a device or method for measuring the use of the b yp ass stack including date , time, and duration. 39.8.3 The owner or operator of a HMIWIusing 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 compl y with the emissio n 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 HMIWIshall obtain and record monitoring

data at all times during operation of the HM IW I 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 day s per calendar quarter that the HMIWIis combusting hospital waste and /or medical/infectious waste.

**39.9 Reporting and Recordkeeping Requirements**  39.9.1 The owner or operator of any HMIWIsubject to this regulation shall maintain records of the following information, as applicable, for a period of at least 5 y ears. The records must be made available forPage 25 of 37 inspection, upon request by the Department: (a) Calendar d ate of each record; (b) Concentrations of pollutants listed in Table 1(a) or Table 1(b) and measurements of opacit y, as determined b y the continuous emission monitoring sy stem, if applicable; (c) Results of fugitive emissions tests using EPA Reference Method 22, if applicable; (d) HMIWIcharge dates, times, and weights and hourly charge rates; (e) Fabric filter inlet temperatures during each minute of operation, as applicable; (f) Amount and ty

pe of dioxin/furan sorbent used during each hour of operation, as applicable; (g) Amount and ty

pe of Hg sorbent used during each hour of operation, as applicable; (h) Amount and ty

pe 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 s ys tem during each minute of operation, as applica

ble; (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 subsec tion 39.8;Page 26 of 37 (p) Records of each time the by pass 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) Id entification of the calendar day , time and duration of any malfunct ion, and a description of the malfunction and the corrective action taken. (s) Id entification of calendar day s for which emission rates or operating parameters exceeded the applicable limits, with a description of the exceedance, reasons for the exceedance, a nd corrective actions taken. (t) The results of initial, annual, and an y subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable. (u) All documentation produced to compl y with the pre

- construction requirements specified in subsection 39.4; (v) Records of the names of HMIWIoperators 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 dat e of the initial review and all subsequent annual reviews; (w) Records of the names of HMIWIoperators who have completed the operator training and qualification requirements specified in subsections 39.10.3 through 39.10.7 of this regulation, including docum entation of training received, dates of training and dates of qualification; (x) Records of installation, calibration, inspection, operation and maintenance of an y 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 an y 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 HMIWIshall submit the following

infor mation to the Office of Air Resources, signed by the facilities manager, no later than 60 day s following the initial performance test: (a) Emissions rates, operating parameters, and other applicable data pertaining to the initial performance test, as specif ied 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 January 1

– June 30 and July

1

– December 31. The reports must be submitted no later than 60 day s 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 ye ars. 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 previou s calendar y ear, 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; andPage 28 of 37 (f) If a perfo rmance 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 cop y or computer

- readable format, unless an alternative format is approved b y the Director. Records must be signed b y the facilities manager.

**39.10 HMIWI Operation, Training, and Qualification Requirements**  39.10.1 No owner or operator of an affected facilit y shall allow the facilit y to

operate at an y 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 HMI WIoperators. 39.10.2 HMIWIoperator training and qualifi cation shall be obtained and

maintained according to the specifications in subsections 39.10.3 through 39.10.7 of this regulation. 39.10.3 HMIWIoperator training shall be obtained by completing and passing an HMIWIoperator training course that includes, at a mi nimum, the following elements: (a) 24 hours of training on the following subjects: 1. Environmental concerns, including pathogen destruction and ty pes of emissions; 2. Basic combustion principles, including products of combustion; 3. Operation of the t yp e of incine rator to be used b y t he 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 po llutants (i.e. continuous emission monitoring sy stems and monitoring of HMIWI and air pollution control device operating parameters) andPage 29 of 37 equipment calibration procedures, where applicable; 7. Inspection and maintenance of the HM IW I, air pollution control dev ices, and continuous emission monitoring sy stems; 8. Actions to correct malfunctions or conditions that may lead to malfunction; 9. Bottom and fl y ash characteristics and handling procedures; 10. Applicable Federal, State, and local regulations; 11. Work safety

proc edures; 12. Pre

- startup inspections; and 13. Recordkeeping requirements; (b) An examination designed and administered b y the instructor; and (c) Reference material distributed to the attendees covering the course topics. 39.10.4 HMIWIoperator 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 HMIWIoperator, 6 months experience as a direct supervisor of an HMI WIoperator, or completion of at least two burn cy cles under the observation of two qualified HMIWIoperators. 39.10.5 HMIWIoperator qualification is valid for 1 y ear 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 HMI WIoperator must maintain and renew

qualification y earl y b y completing and passing an annual review or refresher course of at lea st 4 hours covering, at a minimum, the following:Page 30 of 37 (a) Applicable regulations; (b) In cinerator operation, including startup and shutdown procedures; (c) Inspection and maintenance; (d) Responses to malfunctions or conditions that may lead to malfunction; and (e) Discussio n of operating problems encountered b y attendees. 39.10.7 A lapsed qualification for a HMIWI operator may be renewed b y one

of the following methods: (a) For a lapse of less than 3 years, the HM IW I 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 ye ars 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 aff ected facilit y shall maintain the following documentation at the facilit y: (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 w aste; (d) HMIWIstartup, shutdown, and malfunction procedures; (e) Procedures for maintaining proper combustion air supply levels; (f) Procedures for operating the HMI WIand associated air pollution control sy stems 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; andPage 31 of 37 (j) Procedures for handling ash. 39.10.9 The owner or operator of an affected fac ility shall review the information listed in subsection 39.10.8 of this regulation semi

annually with each HMIWIoperator according to the following schedule: (a) The initial review of the information listed in subsection 39.10.8 of this regulation shall be c onducted b y February 21, 2001 or prior to the operator’s assumption of responsibilities affecting HMI WI 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 readil y accessible location for all HMIWI operators. This information, along with records of training, shall be availab le for inspection by

the Department or EPA upon request. **39.11 Inspection and Entry**  39.11.1 Employ ees of the Office of Air Resources and its authorized

representatives shall be allowed to enter an y facility subject to this regulation at all reasonable times for the purpose of: (a) Having access to and copying an y applicable records to determine compliance with this regulation; (b) Inspecting an y equipment, practices, or operations required in this regulation; (c) Sampling or monitoring substances or parameters for the purpos e 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 HMIWIunder th e 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 an y 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 re gulation, "Hospital/Medical/I nfectious Waste Incinerators”, as amended, after due notice, is hereby adopted and filed with the Secretary

of State this ___

29th __ day of

____ June_______, 20 07 _ to become effective twenty (20) day s thereafter, in accordance wi th 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) Em ission limits HMIWI size Sm all 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 di oxins/furans 1 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) Hy drogen 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)
Mercur y 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), em issions of those congeners are w eighted according to international toxic equivalency factors and then summed.Page 35 of 37

**Table 1(b). E**  **mission limits for HMIWI constructed after June 20, 1996**

Pollutant Units (7 percent oxygen, dry basis) Em ission limits HMIWI size Sm all 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 4 0 40 40 Dioxins/furans either:

total dioxins/furans 2 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 fee t) 125 (55)

2.3 (1.0) 25

(11)

0.6 (0.26) 25

(11)

0.6 (0.26) Hy drogen 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), em issions of those congeners are w eighted according to international toxic equivalency factors and then summed.Page 36 of 37

**Table 2. Toxic Equivalency Factors** Dioxin/furan congener Toxi c 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 - di oxin 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

- hexach lorinated 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 0.001Page 37 of 37

**T able**  **3. Operating Parameters to be Monitored and Minimum Measurement and Recording Frequencies** Operating parameters to be monitored Minimum frequency Control sy stem Data measurement Data

recording Dr y scrubber

followed b y fabric filter Wet

scrubber Dry

scrubber followed b y 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 r ate 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  