Revised

Section 111(d)/129 State Plan for

Hospital/Medical/Infectious Waste Incinerators

to

U.S. Environmental Protection Agency, Region VIII

1595 Wynkoop Street

Denver, CO 80202-1129

from

Wyoming Department of Environmental Quality

Air Quality Division

Herschler Building

122 W. 25th Street

Cheyenne, Wyoming 82002

April 30, 2015
i

TABLE OF CONTENTS

Page

I. Introduction ..............................................................................................................................1

II. State Plan Requirements........................................................................................................2

III. Wyoming’s Section 111(d)/129 State Plan ...........................................................................3

A. Demonstration of Legal Authority and Enforceable Mechanisms.................................3

B. Source Inventory ............................................................................................................4

C. Emissions Inventory 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. Waste Management Plan Requirements ........................................................................7

I. Compliance Schedules.....................................................................................................7

J. Public Hearing Record ....................................................................................................8

K. Progress Reports ............................................................................................................8

L. Title V Operating Permits ..............................................................................................9
1

I. Introduction 

Under the Clean Air Act (CAA) as amended in 1990, the United States Environmental

Protection Agency (EPA) is required to develop regulations to reduce air pollutant emissions

from hospital, medical, and infectious waste incinerators (HMIWI). EPA originally

promulgated the following New Source Performance Standards (NSPS) and Emission

Guidelines (EG) for HMIWI on September 15, 1997:

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

Sources: Hospital/Medical/Infectious Waste Incinerators - to address emissions 

from new HMIWI. New HMIWI are those units for which construction began after 

June 20, 1996. 40 CFR part 60, Subpart Ec, required compliance within 6 months 

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

required States to develop plans to reduce toxic air emissions from all HMIWI.

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

Hospital/Medical/Infectious Waste Incinerators - to address emissions from 

existing HMIWI. Existing HMIWI are those units for which construction began on 

or before June 20, 1996. Subpart Ce required compliance no later than September 

15, 2002. Sections 111 and 129 of the CAA require States with existing HMIWI

units to develop State Plans that implement and enforce the emission guidelines 

with respect to such units.

The CAA also requires EPA to develop, implement, and enforce a Federal Plan for existing 

designated HMIWI units in States that did not submit an approvable State Plan within two years

after promulgation of the emission guidelines (or by September 15, 1999). On September 14,

2000, EPA promulgated 40 CFR part 62, Subpart HHH, Federal Plan Requirements for

Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996.

In accordance with Subpart Ce, Wyoming’s CAA Section 111(d)/129 State Plan for 

Hospital/Medical/Infectious Waste Incinerators was issued and approved by EPA on June 22, 

2000 (effective August 21, 2000).

On October 6, 2009, EPA promulgated final revisions to the NSPS and EG . The revisions

included requirements for each State with existing sources to revise, amend, or develop a

State Plan by October 6, 2010 to implement the revised EG.

On May 13, 2013, EPA finalized amendments to the HMIWI Federal Plan to implement the

revised EG in those States that did not have an approved revised/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]. Implementation of the Federal Plan ensured the timely implementation and

enforcement of the 2009 revisions to the HMIWI EG.
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To gain implementation and enforcement authority for the revised EG, Wyoming submitted 

for EPA approval this Revised Section 111(d)/129 State Plan for Hospital/Medical/ Infectious 

Waste Incinerators.

II. State Plan Requirements 

The State Plan must contain specific information and the legal mechanisms necessary to 

implement the EG. The minimum requirements set forth in CAA Section 129 and in 40 CFR 

part 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)]

• Emission limits for HMIWI that are at least as protective as those in the EG [CAA 

Section 129(b)(2) and 40 CFR 60.24(a)-(c) and 60.33e]

• Testing and monitoring requirements at least as protective as those in the EG [CAA 

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

• Reporting and recordkeeping requirements at least as protective as those in the EG

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

• Operator training and qualification requirements at least as protective as those in the

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

• Inspection requirements at least as protective as those in the EG [CAA Section

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

• Waste management plan requirements at least as protective as those in the EG [CAA 

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

• Compliance schedules (including increments of progress for compliance schedules 

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

and 60.39e]

• An expeditious final compliance date not later than three years after approval of the 

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

129(b)(2) and (f)(2) and 40 CFR 60.39e(c)]
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• A record of public hearing(s) on the State Plan [40 CFR 60.23(f)(1) and (2)]

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

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

The following subsections contain the required provisions of Wyoming’s State Plan for

hospital, medical, and infectious waste incinerators, in accordance with Sections 111(d) and

129 of the CAA.

A. Demonstration of Legal Authority 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 (Division) has legal

authority under current State law to carry out the requirements of Sections 111(d) and 129 of

the CAA for HMIWI. According to 40 CFR 60.26(a), the State Plan must identify the

enforceable mechanisms that give the Division legal authority to:

1. Adopt emissions standards and compliance schedules applicable to designated

facilities.

2. Enforce applicable laws, regulations, standards, and compliance schedules, and seek 

injunctive relief.

3. Obtain information necessary to determine whether designated facilities are in

compliance with applicable laws, regulations, standards, and compliance schedules,

including authority to require recordkeeping and to make inspections and conduct

tests of designated facilities.

4. Require owners or operators of designated facilities to install, maintain, and use

emissions monitoring devices, and to make periodic reports to the State on the nature

and amounts of emissions from such facilities; also, provide authority for the State to

make such data available to the public as reported and as correlated with applicable

emissions standards.

This section identifies and summarizes the provisions of State law that the Division has 

determined to provide the above-listed authorities. These provisions were approved as part of the 

previous State Plan submitted under 40 CFR part 60, Subpart B, and the Division has

demonstrated that the laws or regulations are applicable to the designated pollutant(s) for which

the plan is submitted. These 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 of 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 implement the revised regulations, 

and it also provides 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 Plan.

• 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 State rule adopted on November 22, 2013, into the Wyoming 

Air Quality Standards and Regulations (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 many of the essential requirements of the State 

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

B. Source Inventory

As defined in 40 CFR 60.32e(a), a designated facility subject to the requirements of the

Emission Guidelines (40 CFR part 60, Subpart Ce) is an individual HMIWI “(1) For which

construction was commenced on or before June 20, 1996, or for which modification was

commenced on or before March 16, 1998, or (2) For which construction was commenced after

June 20, 1996 but no later than December 1, 2008, or for which modification is commenced

after March 16, 1998 but no later than April 6, 2010.”

The Wyoming Medical Center, 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 existing designated facilities

are discovered subsequent to EPA’s approval of the State Plan, there will be no need to reopen

the State Plan to include them. These sources shall also be subject to the applicable

requirements of this plan.
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New designated facilities for which construction was, or is, commenced after December 1, 2008,

or for which modification was, or is, commenced after April 6, 2010, must comply with 40 CFR

part 60, Subpart Ec, Standards of Perfomance for Hospital/Medical/Infectious Waste 

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

C. Emissions Inventory and Emissions Limitations

In accordance with 40 CFR part 60, Subpart B, an inventory of the emissions from the HMIWI

located in Wyoming is presented in Table 1, on page 6. The table lists the emission rates of

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

correlated with the applicable emission standards for medium HMIWI to show the relationship

between measured emissions and the amounts of such emissions allowed by the standard [40

CFR 60.25(a)].

As required in 40 CFR part 60, Subpart Ce [40 CFR 60.33e (a)], the emission limits have been 

incorporated into WAQSR Chapter 4, Section 5(c) and are at least as protective as the Emission

Guidelines. The emissions limits apply at all times in accordance with 40 CFR part 60, Subpart

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

Standards, Section 2, New source performance standards. 

D. Testing and Monitoring Requirements

The compliance, testing, and monitoring requirements for designated facilities are 

incorporated into WAQSR Chapter 4, Section 5(g), and are at least as protective as the

Emission Guidelines of 40 CFR part 60, Subpart Ce.

E. Reporting and Recordkeeping Requirements

The reporting and recordkeeping requirements for designated facilities are incorporated into 

WAQSR Chapter 4, Section 5(h), and are at least as protective as the Emission Guidelines of 

40 CFR part 60, Subpart Ce.

F. Operator Training and Qualification Requirements

The operator training and qualification requirements for designated facilities are 

incorporated into WAQSR Chapter 4, Section 5(d), and are at least as protective as the

Emission Guidelines of 40 CFR part 60, Subpart Ce.

G. Inspection Requirements

The inspection requirements for designated facilities are incorporated into WAQSR Chapter 

4, Section 5(f), and are at least as protective as the Emission Guidelines of 40 CFR part 60, 

Subpart Ce.
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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 

(NOx)

Carbon 

Monoxide 

(CO)

Sulfur 

Dioxide 

(SO2)

Lead (Pb)

Hydrogen 

Chloride

(HCl)

Cadmium 

(Cd)

Mercury 

(Hg) Dioxins/Furans

April 4, 20111

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 TEQ2

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 greater than 6 percent opacity 

(6-minute block average).

Western Environmental Services and Testing, Inc. Results3

Particulate 

Matter 

(PM)

Nitrogen 

Oxides 

(NOx)

Carbon 

Monoxide 

(CO)

Sulfur 

Dioxide 

(SO2)

Lead (Pb)

Hydrogen

Chloride

(HCl)

Cadmium 

(Cd)

Mercury 

(Hg) Dioxins/Furans

Source Test4

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 (O2) 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 CFR 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 management plan requirements for designated facilities are incorporated into 

WAQSR Chapter 4, Section 5(e), and are at least as protective as the Emission Guidelines of 

40 CFR part 60, Subpart Ce.

I. Compliance Schedules

In WAQSR Chapter 4, Section 5, designated facilities are required to achieve final

compliance by October 6, 2014, as required by 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 Emission Guidelines of 40 CFR part 60, Subpart Ce [40 CFR 60.39e].

On May 13, 2013, the final rule to 40 CFR parts 60 and 62 – “Federal Plan Requirements for 

HMIWI Constructed on or Before December 1, 2008, and 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 Constructed On Or Before December 1, 2008

includes requirements applicable to HMIWI’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 publication of the Final Rule. The 

rule 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. At a minimum, 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 Control Plan schedule.

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

submission will document a facility’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 requirements as 

set forth in the Subpart. 
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 

than 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 than 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 increments 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 State shall, prior to

adoption of any plan or revision thereof, conduct one or more public hearings within the State on

such plan. 

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

public participation in the development of this State Plan. 

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 Reports

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 applicable requirements of 40 CFR part 60, Subpart

Ce, must submit a complete Title V permit application to the Division no later than September

15, 2000 [40 CFR 60.32e(i)]. The Wyoming Medical Center holds Title V Operating Permit

3-1-185. The expiration date for Operating Permit 3-1-185 was 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 subject to the applicable

State/Federal Plan requirements even though the requirements are not yet contained in its permit.