Revised

Sect i o n 111(d) /1 29 Sta t e Plan for

Hospi t a l /Medica l /Infectious Was t e I n cinera t o rs

to

U.S. Environ m ental Protection Agency, Region VIII

1595 Wynkoop S t reet

Denver, CO 80202

- 1129

from

Wyoming Department of Environmental Quality

Air Quality Division

Herschler Building

122 W. 25 th Street

Cheyenne, Wyoming 82002

April 30 , 2015i TABLE OF CONTENTS

Page

I. Introduction

................................ ................................ ................................ .............................. 1

II. State Plan Requirements

................................ ................................ ................................ ........ 2

III. Wyoming’s Section 111(d)/129 S tate Plan

................................ ................................ ........... 3

A. Demonstration of Legal Authority and Enforceable Mechanisms

................................ . 3

B. Source Inventory

................................ ................................ ................................ ............ 4

C. Emissions Inven tory and Emissions Limitations

................................ ........................... 5

D. Testing and Monitoring Requirements

................................ ................................ .......... 5

E. Reporting and Recordkeeping Requirements

................................ ................................ . 5

F. Operator Training and Qualification Requirements

................................ ....................... 5

G. Inspection Requirements

................................ ................................ ................................ 5

H. Wast e Management Plan Requirements

................................ ................................ ........ 7

I. Compliance Schedules

................................ ................................ ................................ ..... 7

J. Public Hearing Record

................................ ................................ ................................ .... 8

K. Progress Reports

................................ ................................ ................................ ............ 8

L. Title V Operating Permits

................................ ................................ .............................. 91 I

. Introduction

Under the Clean Air Act ( CAA) a s a m e nded in 19 9 0, the United S t ates Enviro n mental

Protection Agency (EP A ) is required to develop re g u lations to r e duce air pollutant e m issio n s

fr o m hospital, medical, and infectious w a ste incinerators (HMIW I). EPA original l y

pro m ulgated the follow i ng New Source Performance Standards (NSPS) and E m ission

Guidelines (EG) for HMIWI on Sept e m b er 15, 1997:

• 40 CFR part 60, Subpart Ec, Standards of Performance for New Stationary

Sources: Hospital/Me di cal/Infecti o us Waste I n cinerato r s

- to address e m issions

fr o m new HMIW I. New HM I W I are those units for which construction began after

June 20, 1996. 40 CFR part 60, Subpart Ec

, required co mpliance within 6 m onths

after startup or by March 16, 1998, whichever date was late r. This subpart also

required S tates to develop plans to reduce toxic air e m issions from all HMI W I.

• 40 CFR part 60, Subpart Ce, Emission Guidelines and Compliance Times for

Hospit a l/Medical/Infectious Waste Incinerators

- to address e m issions from

exi s ting HMIW I. Existing HM I W I are those units for which construction began on

or before June 20, 1996. Subpart Ce required co mpliance no later than Septe m ber

15, 2002. Sections 111 and 129 of the CAA require S tates with existing HMI W I

units to develop State Plans that imple m ent and enforce the e m ission guidelin e s

with respe c t to s u ch units.

The CAA also requires EPA to develop, i mple m ent, a nd enforce a Federal Plan for existing

designated HMIWI units i n S tates that did not s u b m it an approvable S tate P lan w ithin two y ears

after pro m ulgation of the e m ission g u idelin e s (or b y Sept e m b er 15, 1 99 9 ). On Septe m b er 14,

2 00 0

, EPA pro m ulgated 40 CFR part 62, S ubpart HHH, Federal Plan Requirements for

Hospital/Medical/Infe c tious W a ste Incinerators C onstructed on or B e f

o re June 20, 199 6

.

In accordance with Subpart Ce , Wyoming’s CAA Section 1 11(d)/ 12 9 State P l an f o r

Hospital/Medical/Infectious Waste Inci n erators was issued and approved b y E P A on June 22,

2000 (effective August 21 , 2000)

.

On October 6, 20 0 9, EPA pro m ulgated final r e visions to the NSPS and EG

. The revisions

included requirements for each S tate with existing sour c es to revise, amend, or de v elop a

State Plan by October 6, 2010 to i m p le ment the revised EG.

On May 13, 2 013, EPA f in alized amendments to the HMIWI Federal Plan to imple m ent the

revised EG in those States that did not have an a pproved revi s ed/new State Plan in place by

October 6, 2011 [ 78 FR 28052 ]

. Prior to EPA approval of this revised/new State Plan,

existing HMIWI facilities operating in the state of Wyoming were subject to the amended

Federal Plan requirements [CAA Section 129(b )(3), 40 CFR 62.13 and 40 CFR Part 62

Subpart HHH ]

. I mpleme n tation of th e Federal Plan ensured the timely i mpl e mentation and

enforcement of the 2009 revisions to the HMIWI EG

.2 To gain i m ple m entation and enforcement authori t y f o r the revised EG, Wyoming submitted

for EPA approval this Revised Section 1 11(d) /1 29 S t ate Plan for Hospital /M edical/ Infectious

Waste Incine ra tors

.

II

. State Plan Requirements

The State Plan m ust contain specific info r m ation and the legal m echanis m s necessary to

i m ple m ent the EG. The m i ni m u m require m en t s set f orth in CAA S ection 129 and in 40 CFR

p art 60, Subparts B and Ce are listed below:

• A demonstration of the State’s legal authority to carry out the Section 111(d)/129

State Plan

, and identification of enforceable mechanisms [CAA Section 129(f)(3) and

40 CFR 60.26 and 60.32e(b) and (c)]

• An inventory of sources in the State affected by the EG [40 CFR 60.25(a)]

• An inventory of emissions from HMIWI operating in the State [40 CFR 60.25(a) and

(c)]

• E m ission li m its f or HMI W I that are at l e ast as protective as t hose in the EG [C AA

Section 129(b)(2) and 40 CFR 60.24 ( a)

- (c) and 60.33e]

• Testing and monitoring require m ents at lea s t as p rotective as those in t h e EG [C AA

Section 129(b)(2) and 40 CFR 60.24 ( b)(2), 60.25(b), and 60.37e]

• Reporting and recordkeeping require m ents at l e ast as p rot ec tive a s those in the EG

[C AA Section 129(b)(2) and 40 CFR 60.25(b)(1) and 60.38e]

• Operator training and qualifi c ation require m ents at least as protective as those in t h e

EG [CAA Section 129(b)(2) and (d) and 40 CFR 60.34e]

• Inspection require m ents at least as pro t ective as those in the EG [CAA Section

129(b)(2) and 40 CFR 60.25(b)(2), and 60.36e]

• Waste m an a ge m ent plan require m ents at lea s t as protective as those in the EG [C AA

Section 129(b)(2) and 40 CFR 60.35 e ]

• Co m pliance schedules (including incre m ents of progress for co m pliance schedules

which extend beyond one year after State P l an approval) [40 CFR 60.24 ( a) and (e)(1)

and 60.39e]

• An expeditious final compliance date not l a ter than three years after approval of the

revised or new State Plan or Octobe r 6, 2014, whichever is earlier [CAA Section

129(b)(2) and (f)(2) a nd 40 CFR 60.39e(c)]3 • A record of public hearing(s) on the S t ate Plan [40 CFR 60.23(f)(1) and (2)]

• Provision for S tate progress reports to EPA [40 CFR 60.25 ( e) and (f)]

III. Wyoming’s Section 111(d) /1 2 9 State Plan

The followi n g subsections contain the r equired p r ov i sions of Wyoming’s State Plan for

hospit a l, medical, and infectious w a ste incinerators, in accordance with S ect i ons 111(d) and

129 of the CAA

.

A. Demonstration of Legal Autho r ity and Enforceable Mechanisms

In accordance with 40 CFR part 60

, Subpart B, the following information and documentation

demonstrates that the Wyoming Department of Environmental Quality (D ivision ) has legal

authority u n der current S ta t e law to carry out t h e require m e nts of Section s 111(d) a n d 1 29 of

t h e CAA for HMIWI. According to 4 0 CFR 60.26(a), the S tate Plan m u st id en tify the

enforceable mec h anis m s that give the Division legal authori t y t o :

1. Adopt e m issions standards and co m p liance sch e dules applicable to designated

facilities.

2. Enforce applicable la w s, r e gulations, st a ndards, and c o m p lian c e s c hedules, and seek

injunctive rel i ef.

3. Obtain information necessary to deter m ine whether designated facilities are in

c o mp liance with applicable laws, regula t ions, standards, and co m p l i ance schedul e s,

includi n g au t hori t y t o req u ire recordkeeping a n d to m ake inspections and con du ct

tests of designated facilities.

4. Require owners or operators of designat e d facilities to install, maintain, and use

e m i s sions monitoring devices

, and to make p e riodic reports to the State on the nature

and a m ounts of emissions from such facilities; also , provide authori t y for t h e S tate to

make such data available to the public as reported and a s corr e lated with applicable

e m issions standards.

This section identifies and s u mmariz e s the provisions of S tate law th at the Division has

deter m ined to provide the above

- listed authorities. These provisi o n s were approved as part of the

previous Sta t e Plan sub m itted under 4 0 CFR part 60, S u b p art B, and t h e Division has

de m onstrated that the laws or regulations are applicable to the designated pollut a nt(s) for which

the plan is sub m itted. Th ese laws and regulations may be accessed in their entirety at the

Wyoming Secretary of State web page: http://soswy.state.wy.us/Rules/default.aspx

.4 The Division has included the following administrative materials, which demonstrate legal

authority and enforceable mechanisms under State law for the State Plan.

1. A copy of the stamped Certification Page by the Secretary of State indicating the

effective date o f the revisions. The Certification Page, which has been signed by the

Governor and Director of the Department of Environmental Quality, documents the

necessary legal authority under State law to adopt and im plement the revised regulations,

and it also pro vides evidence, along with the attachments listed below, that Wyoming

followed all of the procedural requirements of the State’s laws and constitution in

conducting and completing the adoption of the P lan.

• A February 21, 2013 memorandum from Todd Parfitt, Director of the Department

of Environmental Quality, to the Governor’s Office requesting approval to

proceed with the rulemaking.

• A September 12, 2013 copy of the Statement of Principal Reasons that was

adopted with the rules.

• A September 24, 2013 review from the Legislative Service Office, finding the

revised regulations within the scope statutory authority and legislative intent.

2

. The Division will use the S tate rule adopted on November 22, 2013

, into the Wyoming

Air Quality Standards and Reg ulations ( WAQSR ) , Chapter 4, State Performance

Standards for Specific Existing Sources , Section 5 , Existing hospital/medical/infectious

waste incinerators , as the mechanism for implementing and enforcing the HMIWI

emission guidelines. This rule contains m any of the essential requirements of the State

Plan

, and all emissions limitations are at least as protective as those in Subpart Ce.

B. Sourc e Inventory

As defined in 40 CFR 60.32e(a)

, a desi g n ated fa c ility subject to the require m ents of the

E m ission Guidelines (40 CFR part 60, Su bpart Ce) is an ind i vidual HMIWI “(1) For which

c o nstruction w a s commenced on or before June 20, 1996, or for which modific a tion was

commenced on or be fo re M a rch 16, 1 9 98

, or (2) For which construction was c o mmenced after

June 20, 19 96 b u t no lat e r than December 1, 2008, or for which modificat i on is commenced

after March 16, 1998 but no later than Ap ril 6, 2 0 10.”

The Wyoming Medical Cent er

, located in Casper, Wyoming , is the only existing HMIWI

operating in the State as of the date of this State Plan

. Sources subject to the standard include

,

but are not limited to

, the inventory in the State Plan; if any other e x isting designated facilities

are d i scovered subsequent to EPA’s approval of t h e State Plan, there will be no need to reopen

the State Plan to include the m

. These sources shall also be subject to the appl i cable

requirements of this plan.5 New designated facilities for which construction w as, or is, commenced after Dece m b er 1, 2008

, or for which modification was, or is, commenced after April 6, 2010, m u st c o mp ly with 40 CFR

part 60, S u bpart E c

, Standards of Perfomance for Hospital/Medical/Infectious Waste

Incinerators for Which Construction is Commenced After June 20, 1996.

C. Emis sions Inventory and Emissions Limitations

In accordance with 40 CFR part 60

, Subpart B, an inv e ntory of the e m i s s i ons from the HMIWI

loca t ed in Wyoming is presented in Table 1, on page 6

. The table lists the e m i s sion rates of

designated pollutants from the designated facility ( Wyoming Medical Center ) , which are

correlated with the applicable e m i ssi o n standards for medium HMIWI to show the relationship

between m e asured e m issions a n d the a m ounts of such e m issions allowed b y the stand a rd [ 40

CFR 60.25(a) ]

.

As required in 40 CFR part 6 0

, Subpart Ce [ 40 CFR 60. 33 e (a) ]

, the emission limits have been

incorpor ated into WAQSR Chapter 4, Section 5 (c) and a r e at least as protective as the E m i ssion

Guidelines. The e m issions li m i t s apply at all times in accordance with 40 CFR part 60, Su bpart

Ec [ 40 CFR 60.56c ( a) ] and are incorporated into WAQSR Chapter 5, National Emission

Standards, Section 2, New source performance standards

.

D. Testin g and Monitoring Requirements

The co mp lia n ce, testing, and m onitoring require m ents for designated facilities are

incorporated i nto WAQSR Chapter 4, Section 5(g )

, and a r e at least as protective as the

E m i ssion Guidelines of 40 CFR part 60, Subpart Ce.

E

. Reporting and Recordkeeping Requirements

The reporting and recordkeeping requir e ments for designated facilities are incorporated into

WAQSR Chapter 4, Section 5(h)

, and a r e at least as protective as the E m i ssion Guidelines of

40 CFR part 60, Subpart Ce

.

F. Operator Training and Qualification Requirements

The operator training and qu a lification requirements for designated facilities are

incorporated into WAQSR Chapter 4, Section 5(d)

, and a r e at least as protective as the

E m i ssion Guidelines of 40 CFR part 60, Subpart Ce

.

G. Inspection Require m e n ts

The inspection requirements for designated facilities are incorporated into WAQSR Chapter

4, Section 5(f)

, and a r e at least as protective as the E m i ssion Guidelines of 40 CFR part 60,

Subpart Ce

.6 TABLE 1: EMISSIONS INVENTORY AND EMISSIONS LIMITATIONS FOR WYOMING MEDICAL CENTER

Revised Emissions Standards (40 CFR 60, Subpart Ce, Table 1A, April 4, 2011)

Particulate

Matter

(PM) Nitrogen

Oxides

(NO

x ) Carbon

Monoxide

(CO) Sulfur

Dioxide

(SO

2 ) Lead (Pb) Hydro gen

Chloride

(HCl) Cadmium

(Cd) Mercury

(Hg) Dioxins/Furans

April 4, 2011 1

Compliance Date:

October 6, 2014) 0.03 grains

per dry

standard

cubic foot

(gr/dscf) 250 parts

per million

by volume

(ppmv) 40 (ppmv) 55 (ppmv) 0.52

gr/1000

dscf 100 ppmv 0.07

gr/1000

dscf 0.24

gr/1000

dscf 55 gr/billion

dscf or a TEQ 2

of 1.0

gr/billion dscf

Stack opacity: On and after the date on which the initial performance test is completed or is required to be completed whichever date comes first,

no owner or operator of an affected facility shall cause to be discharged into the atmosphere any gases that exhibit great er than 6 percent opacity

(6

- minute block average).

Western Environmental Services and Testing, Inc. Results 3

Particulate

Matter

(PM) Nitrogen

Oxides

(NO

x ) Carbon

Monoxide

(CO) Sulfur

Dioxide

(SO

2 ) Lead (Pb) Hydro gen

Chloride

(HCl) Cadmium

(Cd) Mercury

(Hg) Dioxins/Furans

Source Test 4

Reported

Emissions 0.0034

gr/dscf 143 ppmv 3.91 ppmv 87 ppmv 0.012

gr/1000

dscf 0.21 ppmv 0.0005

gr/1000

dscf 0.0008

gr/1000

dscf 32.3 gr/billion

dscf and 0.484

gr/billion dscf

TEQ

1. All emissions standards are corrected to 7% Oxygen (O

2 ) where applicable [40 CFR 60, Subpart Ce]

2. TEQ

- toxic equivalency value

3. As of October 6, 2014, source testing must show compliance with Table 1A of 40 CFR 60, Subpart Ce, in accordance with 40 C FR 60.33e.

4. PM, CO, Pb, HCl, Cd, and Hg values from stack test done on November 21

- 23, 2011. NOx and SO2 numbers deduced from engineering estimates. Dioxin/Furan numbers are from 2001 stack test.7 H. Waste Management Plan Requirements

The waste manage m ent plan requirements for designated facilities are incorporated into

WAQSR Chapter 4, Section 5(e)

, and a r e at least as protective as the E m i ssion Guidelines of

40 CFR part 60, Subpart Ce

.

I. Co mpliance Schedules

In WAQSR Chapter 4, Section 5

, designated f acilities are required to achieve final

co mp liance by October 6, 2 0 14, as required b y 40 CFR part 60, Subpart Ce

. The compliance

schedule has been incorporated into WAQSR Chapter 4, Section 5(i), and is at least as

protective as the E m i ssion Guidelines of 4 0 CFR p art 60, Su b p art Ce [ 40 CFR 60

. 39e]

.

On May 13, 2013 , the final rule to 40 CFR parts 60 and 62

– “ Fed eral Plan Requirements for

HMIWI Con structed on or Before December 1, 2008

, a nd NSPS” was published in the Federal

Register [78 FR 28052]

. 40 CFR part 62, Subpart HHH

, Federal Plan Requirements for

Hospital/Medical/Infectious Waste Incinerators Constructe d On Or Before December 1, 2008

includes requirements a pplicable to HMI WI ’ s constructed on or before December 1, 2008, and

specifies that facilities having a HMIWI constructed on or before that date

, and for which

continued operation is desired

, must achieve final compliance with the more stringent

emission limits specified therein within one year after the publi cation of the Final Rule. The

r ule states that such facilities unable to achieve compliance within that timeframe can submit a

compliance plan and schedule, otherwise known as a Final Control Plan , by no later than

August 13, 2013 . A t a mi nimum, the Final Control Plan must include a description of

measures to be implemented for achieving compliance

, as well as a schedule showing

compliance achievement

, by no later than October 6, 2014. Facilities that submit a Final

Control Plan by August 13, 2013 , are thereby allowed to continue HMIWI operations in order

to achieve compliance in accordance with the Final Contro l Plan schedule.

In conformance with 40 CFR part 62 , Subpart HHH ( 62.14470(b)(2)(i) ) , a Final Control Plan

submission will documen t a facilit y’s intent to come into compliance

, and will indicate

specific incremental steps of progress including required calendar dates for achieving such

compliance.

The minimum five increments of progress are as follows:

1. A Final Control Plan will be submitted no later than August 13, 2013, as required

under 40 CFR 62.14470(b)(2)(i). A Final Control Plan must, at a minimum, include a

description of the air pollution control devices(s) or process changes that will be

employed for each unit to comply with the emissions limits and other re quirements as

set forth in the S ubpart.8 2. A contract or contracts for on

- site construction, on

- site installation of emissions

control equipment or incorporation of process changes will be awarded by no later

tha n December 13, 2013, as required under 40 CFR 62.14470(b)(2)(ii). A signed

copy of the contract(s) awarded will be submitted.

3. On

- site construction, on

- site installation of emissions control equipment

, or process

changes needed to meet the emissions limits as outlined in the Final Control Plan will

be initiated no later than January 6, 2014

, as required under 40 CFR

62.14470(b)(2)(iii).

4. On

- site construction, installation of emissions control equipment

, or process changes

must be completed no later th an August 6, 2014

, as required under 40 CFR

62.14470(b)(2)(iv).

5. Final compliance must be achieved no later than October 6, 2014

, as required under

40 CFR 62.14470(b)(2)(v).

The compliance schedule included in this State Plan provides all the required inc rements of

progress and set calendar dates for compliance as required by 40 CFR part 62, Subpart B and

Subpart HHH. Designated facilities were subject to the compliance schedule in the Federal

Plan prior to the effective date of this EPA approved State Plan.

J. Public Hearing Record

In accordance with 40 CFR part 60, Subpart B [ 40 CFR 60.23(c)]

, the S tate shall, prior to

adoption of any plan or r e vision thereo f

, conduct one or m o re public hearings within the State on

such p lan.

The Division has included the following administrative materials, which demonstrate adequate

public participat ion in the development of this State P lan.

1. A copy of the notices issued by the Air Quality Division for public hearings with a list of

newspapers and dates of publication.

2. A list of signatures of witnesses present at the September 12, 2013 hearing

, as well as a copy

of the agenda. No comments were received in regard to Chapter 4, State Performance

Standards for Specific Existing Sources

.

K. Progress Repo rt s

In accordance with 40 CFR part 60, Subpart B [ 40 CFR 60.25(e) ]

, the Division will submit

reports on progress in State Plan enforcement to EPA with its annual source emission reporting

required under 40 CFR 51.321

- 323.9 L. Title V Operating Permits

All Title V operating permits, modifications, and renewals for designated facilities will specify

all applicable WAQSR Chapter 4, Section 5, and 40 CFR part 62, Subpart ZZ requirements.

Designated facilities that are subject to the ap p licable require m ents of 40 CFR p a rt 60, S ubpart

Ce, m u st su b mit a c o mp le t e Title V permit applic a tion to the D ivision no later than September

15, 2000 [ 40 CFR 60.32e( i ) ]

. The W yoming Medical Center holds Title V Operating Per m it

3

- 1

- 185

. The e xpiration date for Operating Permit 3

- 1

- 185 wa s July 22, 2013. The Wyoming

Medical Center submitted a Title V Operating Permit renewal application for Operating Permit

3

- 2

- 185 on January 21, 2013. The application was deemed complete with Title V Operating

Permit 3

- 2

- 185 pending. As such, the Wyoming Medical Center is su bject to the applicable

State/Federal P l an requir e m e nts even tho u gh the requir e ments are not y et contained in its per m it

.