[EPA ATTACHMENT NO.

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 II>L. )

ADM. CODE PART 229, )

HOSPlTAL/MEDICALIINFECTlOUS )

WASTE INCINERATORS )

)

)

o 11-' Rl.>¥'"

(Rlllemaking - Air)

NOTICE

TO:

Dorothy GUTIn, Clerk

Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Jonathan Purr

Cbief Legal Counsel

Illinois Dept. of Natural Resources

524 Soutb Second Street

Springfield, IUin ois 62701-1787

ORIGINAL

Matthew Dunn, Chief

Attorney General's Office

James R. Thompson Center

100 West Randolph, 12th Floor

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution

Control Board the REGULATORY PROPOSAL FOR AMENDMENTS TO 35 ILL.

ADM. CODE PART 229 and APPEARANCE ofthe Illinois Environmental Protection

Agency a copy ofwhich is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTIONA~

~.--;

By: -'-~ --'=-~""--. Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel
DATED: December 22,2010

P,O, Box 19276

Springfield, Illinois 62794-9276

2] 71782-5544
3

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICAVINFECTIOUS )

WASTE INCINERATORS )

)

)

(Rulemaking - Air)

L

TABLE OF CONTENTS OF REGULATORY SUBMITTAL

Following is a Table ofContents of all pleadings and documents included with the

regulatory action proposed:

I. Notice ofProposal

2. ~ppearance ofCharles E. Matoesian, Assistant Counsel, for the Illinois

Environmental Protection Agency

3. ~irector Douglas P. Scott's Proposal of Amendments

4. ~tion to Expedite Review

5. ~ffinnation

6. ~tion to Waive Requirements

7. /Statement ofReasons

8. /Technical Support Document

9. /irst Notice ofProposed Amendments

10. ~gency's Analysis ofEconomic and Budgetary Effects ofProposed

Rulemaking

II, Proposed Amendments to 35 111. Adm. Code Part 229:

"

The on ginal and four (4) copies
12. Materials Incorporated. by Reference (original only)

a. Standard Test Method for Elemental, Oxidized, Partic1eBound and Total Mercury in Flue Gas Generated from

Coal-Fired Stationary Sources (Ontario Hydro Method)

b. Flue and Exhaust Gas Analyses ANS[JASME PTe 19.10-

1981

13. Stericyc1e Waste Management Plan

14. Proof of Service

15. Disk in Microsoft Word contaiIling:

Proposed Amendments to 35 TIl. Adm. Code Part 229

First Notice ofProposed Amendments
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~t'\TE

POllUtion Q;,~~:t1:?4AS;

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDlCALIlNFECTIOUS )

WASTEJNClNERATORS )

)

)

Jl~Y

(Rulemaking - Air)

[]OR1GfNAL

APPEARANCE

The undersigned, as one ofits attorneys, hereby enters an Appearance on behalf

ofthe Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:~=- ...:::::.--£.L.-

Charles E. Matoesian

Assistant Counsel

Division ofLega! Counsel

DATED: December 22,2010

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

232010 ~TJ'TF I

D Rk( -:r-

(Rulelllaking - Air)

OORfG1NAL

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF

AMENDMENTS

THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Agency"), pursuant

to 35111. Adm. Code 102.202, moves that the Board accept for hearing the Agency's

proposal for amendment of35 Ill. Adm. Code Parts 229. This regulatory proposal

includes: I) the proposed amendments; 2) the Statement of Reasons; and 3) an

Appearance for the attorney representing the Illinois EPA.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

DATED: December 22, 2010

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-3397
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

Ru.~;ro

(Rulemaking - Air)

MOTION FOR EXPEDITED REVIEW

NOW COMES Proponent, the Illinois Environmental Protection Agency ("Illinois

EPA"), by its attorney, and pursuant to 35 IlL Adm. Code 101.512, respectfully submits this

Motion for Expedited Review ("Motion''). In support of its Motion, the TIlinois EPA states as

follows:

1. On October 6, 2009, the United States Environmental Protection Agency

("VSEPA") promnlgated a notice entitled, "Standards of Performance for New

Stationary Sources and Emissions Guidelines for Existing Sources:

HospitallMedicallInfectious Waste Incinerators; Final Rule"

74 Fed. Reg. 51368.

2. The aforementioned Federal Register Final Rule required states to have filed their

amendments to each State's implementation plan ("SIP") with the USEPA within

one year from the date ofpromulgation, i.e. October 6, 2010.

3. In accordance with the Federal Register, the Illinois EPA began drafting

amendments to Part 229 ofthe Illinois Administrative Code.

4. Because ofother commitments, and strained resources, the Illinois EPA did not

complete the amendments by that date.
5. Accordi~gJy, the USEPA shall develop a Federal Implementation Plan ("FIP") for

Illinois under Section 129(b)(3) ofthe Clean Air Act within two years ofthe

promulgation of the guidelines.

6. lIJinois can still avoid the F!P, if it submits the SIP revision by October 6, 201].

7. In light of the foregoing, it is necessary to expedite review in this matter.

8. As required by 35 Ill. Adm. Code Section 101.512, this Motion is accompanied

by an Affirmation attesting that the facts cited herein are true.

WHEREFORE, for the reasons setforth above, the IILinois EPA respectfully requests that

the Board grant this Motion and expedite review in this matter.

Respectful1y submitted,

JLLINOIS ENVffiONMENT

PROTTEECCTITIOO~Nr A NCY

BY:~ ~~~,.-,--::-~:-=--

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: December 22,2010

1021 North Grand A venue East

P. O. Box 19276

Springfield, IL 62794-9276

2171782-5544

2

THIS FILING IS SUBMITTED

ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

A.1VIENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDlCALIINFECTIOUS )

WASTE INCINERATORS )

)

)

Il--~ R~

(Rulernaking - Air)

OORJGINAL

AFFIRMATION

I, Charles E. Matoesian, under oath, hereby state and affirm that I am an Assistant

Counsel for the Illinois EPA and the facts cited in the foregoing Motion for Expedited Review

M''ru.~d OO~'"'•• b~' ofmy 'ofoMM'oo~d~d

Charles E. Matoesi an

Assistant Counsel

Division ofLegal Counsel

SUBSCRIBED AND SWORN TO BEFORE ME

Thjs~daYOf '.DerfYll W'2010

Notary Public

3
BEFORE Tlm ILLINors POLLUTION CONTROL BO'~

o

(Rulemakillg. Air)

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALlMEDICALflNFECTIOUS )

WASTE INCINERATORS )

)

)

MOTION FOR WAIVER OF COPY REQUIREMENTS

The Proponent, the T1Iinois Environmental Protection Agency ("Illinois EPA"), by its

attorney, and pursuant to 35 ilL Adm. Code 101.500, 102.110,102.200, and 102.402,

respectfully moves that the llIinois Pollution Control Board ("Board") waive the requirement that

the TIlinois EPA submit the original and nine copies ofthe regulatory proposal including all

documents relied upon, and waive the requirement that the Illinois EPA provide copies of certain

documents relied upon. 1n support ofits Motion, Illinois EPA states as follows:

1. Section 102.200 of the Board's procedural rules requires that the original and nine

copies of each regulatory proposal be filed with the Clerk. 35 IlL Adm. Code Section 102.200.

Section 27(a) oftbe Enviromnental Protection Act also requires that the IJlinois EPA provide

information supporting a regulatory proposal. 415 ILCS 5/27(a).

2. The Illinois EPA directly relied upon several documents when drafting the regulatory

proposal, and incorporated by reference certain documents as well. The documents relied

nponiincorporated by reference are as follows:

a) incorporations by reference:

I. ANSJlASME PTCI9.10-l981, Flue and Gas Analyses, [Part 10, Instruments

and Apparatus].

1
2. ASTM D6784·02, Standard Test Method for Elemental, Oxidized, ParticleBound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary

Sources (Ontario Hydro Method).

3) "Fabric Filter Bag Leak Detection Guidance", U.S. Environmental Protection

Agency. (EPA-454/R-98-0 15, September 1997).

b) Standards ofPeljormallce for New Statiollary Sources and Emissioll Guidelfllesfor

Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule. 62 Federal

Register 48348, September 15, 1997.

c) Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 1999)

d) Standards ofPerfomwnce for New Stationary Sources and Emission Guidelinesfor

Existing Sources: HospitallMedicallIllfectious Waste Incinerators; Final Rule. 74 Federal

Register 51368, October 6, 2009.

e) Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008) (SSM Exemption). Docket ID No.:

EPA-HQ-OAR-2006-0534

f) Thomas Holloway. January 12, 2007. MACT Peifonnance Datafor HMIWIFacilities

(Docket ID No.: EPA-HQ-OAR-2006-0534)

g) Thomas Holloway. July 6, 2009. Revised Compliance Costs and Economic Inputsfor

Existing HMIWI (Docket ID No.: EPA-HQ-OAR-2006-0534)

h) Medical Waste Incinerators - Background Illformation for Proposed Standards and

Guidelines: Control Technology Pelformance Reportfor New and Existing Facilities U.S.

Enviromnental Protection Agency. July 1994. (EPA-453/R-94-044a).

i) Medical Waste Incinerators - Background Informatioll for Proposed Stalldards and

Guidelines: Model Plant Description and Cost Reportfor New and Existing Facilities U.S.

Environmental Protection Agency. (July 1994. EPA-453/R-94-045a).

j) Stericycle, Inc. Waste Management Plan. Submitted to Illinois EPA as an

attachment to annual performance test results.

k) Response to Information Collection Request Stericycle, Inc. December 20,

2007. Stericycle, Inc. December 20, 2007 (Docket ro No.: EPA-HQ-OAR-2006-

0534)

1) Guidelines for Protecting the Safetyand Health of Health Care. The National

fnstitute for Occupational Safety and Health (N10SH). Publication No. 88-119.

September 1988.

2
m) Srericycle, Inc. EnvironmenLal Responsibility.

htlp://www..stericycle.comlmedical-waste-disposal/healIh-safety.hlml

Assessed on March 10, 20 IO.

n) Economic Impacts of Revised MA CT Standards for Hospital/Medical/Infectious

Waste Incinerators. Katherine Heller, et al. July 2009. (Docket ill No.: EPA-HQOAR-2006-0534)

0) Illinois Environmental Protection Act (415 ILCS 5/et seq.).

p) Clean Air Act (42 U .S.C. 7401 et seq).

3. This entire regulatory proposal, including the documents listed above, is several

hundred pages. Given the length ofthe proposal and the resources required to provide nine

copies, llJinois EPA requests that the Board waive the normal copy requirements and allow

Illinois EPA to file the original and four complete copies of the documents.

4. Further, several ofthe documents described above-material from US EPA dockets,

portions oithe Federal Register, the Clean Air Act, the minois, Environmental Protection Act, a

court case, and an OSHA publication--are readily accessible to or are within the possession of

the Board, Given the ease of accessibility ofthese documents, listed as items (a)(3) and (b) to 0),

(k), (I) and (n) to (P) above, the llJinois EPA moves that the Board waive the requir=ent that the

Illinois EPA provide copies ofsuch documents, US EPA docket material can be easily accessed

at Http://www.regulations.gov. Item (m) is a link to the Stericyc1e website, and so not a

docmnent that can be produced, Item CD can be produced.

5. Section 5-75(a) ofthe Illinois Administrative Procedure Act ("lAPA") provides that

an agency may incorporate by reference the regulations, standards, and guidelines of all agency

ofthe United States or a nationally recognized organization or association without publishing the

incorporated material in full. 5 ILCS lOO/5-75(al- Section 5-75(c) ofthe lAPA provides,

3
however, that such agency shall maintain a copy of the referenced material in at least one ofits

principal offices and shaD make it available to the public upon request. 5lLCS 100/5-75(c).

6. In developing this proposed ruJemaking, the Illinois EPA incorporated by reference a

document published by the American Society for Testing and Materials ("ASTM") and one by

the American Society ofMechanical Engineers ("ASME''), listed above as items (a)(1), and

(a)(2). The documents are copyright protected and must be downloaded at a cost to the illinois

EPA. The lllinois EPA is also subject to additional fees for each copy provided to the Board. In

order to keep costs incurred by the Illinois EPA at a minimwn, Illinois EPA requests that the

Board waive the normal copy requirements and allow the JIlinois EPA to file only the originals

ofsuch documents. As an example, attached with the ASTM being filed are copies ofthe

License Agreement/Copyright Notice utilized by the owners ofthe copyrights. A letter from

ASME granting permission to make a copy is also attached. The Illinois EPA directs the

Board's attention to such document so that the Board may conform its handling ofthe standards

consistent with that Agreement.

7. The Illinois EPA further asks that the production of these documents listed above to

the Attorney General and Illinois Depa.rrment ofNatural Resources ("IDNR'j, be waived.

WHEREFORE, the lllinois EPA moves that the Board waive the requirement that the

Illinois EPA provide copies ofthe documents listed as items (a)(3), and (b) to (i), (k), (1) and (m),

and (n) to (P), including to the Attorney General and IDNR; waive the requirement that the

Illinois EPA provide an original and nine copies of the copyrighted materials listed as items

(a)(1), and (a)(2), allowing the lllinois EPA to provide only the originals ofsuch documents; and

waive the requirement that the illinois EPA provide an original and nine copies ofthe remaining

documents in its proposal, allowing the lllinois EPA to provide the original and four copies.

4
DATED: December 22,2010

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

BY:~ Charles E. Matoesi

Assistant Counsel

Division ofLegal Counsel

5
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATEl\'lENT OF REASONS

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALfMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

JJ-~~ (Rulemaking - Air)

I. INTRODUCTION

The Illinois Environmental Protection Agency ("Illinois EPA") hereby submits

this Statement ofReasons to the TIlinois Pollution Control Board ("Board") pursuant to

Sections 9.I(d), 27, 28,39 and 39.5 ofthe Environmental Protection Act ("Act") (415

ILCS 5/9.I(d), 27, 28, 39, and 39.5) and 35 IlL Adm. Code I02.202(b), in support ofthe

attached proposed amendments to existing regulations. Included in this proposal are

amendments to 35 Ill. Adm. Code Part 229 ("Part 229"), HospitaVMedicallInfectious

Waste Incinerators, which update the existing Part 229 to incorporate amended Federal

air quality standards. These cbanges include: revised emissions standards that are more

stringent than existing standards, revised waste management plan provisions, allowing

greater flexibility in demonstrating compliance and the removal ofstartup, sbutdown

and malfunction exemption. 74 Fed. Reg. 51368,71 - 72. This proposal amends the

most recent version ofPart 229 as found on the Board's website.
II. STATEMENT OF FACTS

ill 1997, the United States Environmental Protection Agency ("US EPA")

published maximum achievable control technolol,'Y ("MACT") standards for

hospital/medical/infectiOus waste incinerators ("HMIW I'') under Sections III and 129

of the Clean Ait Act ('CAA "). ld. at 51369. As part ofthat effort, US EPA had to

develop emission f,'1Jidelines ("EG") for existing sources and new source performance

standards (NSPS") for new sources. 1(1. Following a lawsuit by environmental groups,

the US Court of Appeals for the District of Columbia remanded the standards for US

EPA to better explain its reasoning in the derivation ofthe standards. rd. at 51368. An

HMIWI is defined as:

any device used to bum hospital waste or medical/infectious waste. Hospital

waste means discards generated at a hospital, and medical/infectious waste

means any waste generated in the diagnosis, treatment, or immunization of

human beings or animals, in research pertaining thereto, or in tbe production or

testing ofbiologicals (e.g., vaccines, cultures, blood or blood products, human

pathological waste, sharps). As explained ill EPA's regulations,

hospital/medical/infectious waste does not include household waste, hazandous

waste, or human and animal remains not generated as medical waste.

Id. at 51369. As for pollutants emitted by HMIWls:

Incineration of hospital/medical/infectious waste causes the release of a

wide array of air pOllutants, some ofwhich exist in the waste feed material

and are released unchanged during combustion, and some of which are

generated as a result ofthe combustion process itself. These pollutants

include particulate matter (PM); heavy metals, including lead (Pb),

cadmium (Cd), and mercury (Hg); toxic organics, inclnding chlorinated

dibenzo-p-dioxins/dibenzofurans (CDD/CDF); carbon monoxide (CO);

nitrogen oxides (NOX); and acid gases, including hydrogen chloride (HCl)

and sulfur dioxide (S02).

Id.

2
Although remanded by the court, the 1997 regu lations were not vacated and so

were fully implemented by 2002. Technical Support Document (''TSO'') at 5. On

February 6, 2007 US EPA proposed a response to the court's remand, 74 Fed, Reg, at

51370. Later atler receiving comments, after further court rulings on other MACT

standard cases, the US EPA amended its response on December 1, 2008. Id, The

USEPA also considered the promulgation ofthe fi nal amendments as having fi.Jlfilied its

statutory obligation under CM Section 129 to conduct the first 5~year review ofthe

1997 EGINSPS rule, ld,

The matter before the Board today concerns the final role promulgated on

October 6,2009. That final rule combined the proposals from the prior versions.

speci tically:

[t]he changes proposed in 2007 included provisions allowing existing

sources to use previous emissions test results to demonstrate compliance

with the revised emissions limits; annual inspections of air pollution

control devices (APCD); a one-time visible emissions test of ash handling

operations; CO continuous emissions monitoring systems (CEMS) and

bag leak detection systems for new sources; and several approved

monitoring alternatives. The 2008 proposal included changes regarding

requirements for NOx and SO] emissions testing for all HMTWI;

performance testing requirements for small rural HMIWI; monitoring

requiremeots for HMIWI that install selective non-catalytic reduction

(SNCR) technology to reduce NOx emissions; and procedures for test

data submittal. The changes included in this final action include revised

provisions regarding waste segregation and removal of exemptions

regarding startup, shntdown, and malftmction (SSM),

Id. at 51372.

3
Applicability

As noted above, this action makes numerous changes to the existing HM1Wl's

NSPS and EG. The amended emissions guidelines apply to each individual HMIWI as

noted in Section 60.32e(a) ofthe Code of Federal Regulations:

(1) For which construction was commenced on or before June 20, 1996, or [or which

modification was commenced on or before March 16, 1998.

(2) For wbich construction was commenced after June 20, 1996 but no later than

December 1, 2008, or for wbich modification is commenced after March 16, 1998

but no later than April 6, 2010.

Id. at 51402. An important change is that "[a]lI HMIWI that complied with the NSPS as

promulgated in 1997 are considered 'existing' sources under the amended standards and

are required to meet the emissions limits under the revised EG or the 1997 NSPS,

whichever is more stringent." Id. at 51374. Accordingly, the list of existing HMIWIs is

increased to include those that were constructed prior to December 1,2008, or modified

prior to April G, 2010. Id.

Standards

The existing Part 229 rule will continue to apply until January 1,2014, to

sources as defined in paragraph (a)(1) above. Id. at 51402·03. Sources in Illinois, as

defined in paragraph (a)(2) above will continue to comply with the 1997 NSPS until

January 1, 2014. ld. at 51374. Beginning January 1,2014, any HMIWI as defmed in

paragraph (a)( I) or (2) will comply with the amended Part 229 standards; former NSPS

sources are required to meet the more stringent ofthe enlissions limits under 1997 NSPS

and the amended Part 229 standards. Id. at 51403. The Illinois EPA has chosen January

1,2014, as the date Illinois sources must be in compliance. This date is within the

4
statutory compliance deadline of five years aA:er the date of promulgation ofthe

EGINSPS rule amendments (October 6,2009). Id. at 51405. Illinois has onlv one - -

known HMrwI source as of the date of tiling, Stericycle, Inc at its Clinton, lUinois

facility. TSD at 11.

The amended EG also impose new work practice standards. The waste

management plan provisions are revised to "minimize or eliminate from the HMJWI

waste stream any plastic wastes, Hg and other hazardous wastes (e.g., Hg-containing

dental waste, Hg-containing devices), phannaceutica1s, and confidential documents and

other paper products that could be shredded and recycled." rd. at 51374. An owner or

operator of a commercial HMrwI is required to conduct training and education

programs in waste segregation for each ofthe firm's waste generator clients and ensure

each client prepares its own waste management plan. TSD at 12. Per Section 129 ofthe

eM, the EGINSPS mles apply only to incinerators; they do not apply directly to

medical waste generators except if they have on-site incinerators. ld. Emissions from

incinerators depend on what is being burned, and can be minimized by waste

management plan (that includes waste segregation), amongst others. TSD at 7.

Commercial HMlWIs are subject to Occupational Safety and Health

Administration ("OSHA") requirements regarding the handling ofmedical waste from

the point of generation to treatment and disposal. In order to comply with OSHA

requirements commercial HMTWI operators are not expected to practice waste

segregation on materials received from waste generator clients. Fed. Reg. at 51393.

The sealed medical waste bags received from clients may contain waste types U,at

ordinarily do not require incineration (e.g., municipal-type waste such as cafeteria and

5
office type wastes). The municipal-type waste can be recycled or sent to the municipal

landfilL Some hospitaJ waste can be treated by means other than incineration before

disposal thereby minimizing emissions of hazardous emissions that would otherwise

result from incineration. TSD at 7. To promote greater waste segregation commercial

BMIWI operators are required to provide training and education programs in waste

segregation to each of their waste generator clients and ensure tbat eacb client prepares

its own waste management plan TSD at 12.

performance Testing

The rulemaking makes several changes to the performance testing and

monitoring provisions. Specifically, regarding perforrtlance testing and monitoring, the:

... amendments require all BMIWI to demonstrate initial compliance

with the revised NOx and S02 emissions limits. The 1997 standards

did not require testing and demonstration of compliance with the NOx

and S02 emissions limits...The amendments allow sources to use

results oftheir previous emissions tests to demonstrate initial

compliance with the revised emissions limits as long as the sources

certi fy that the previous test results are representative of current

operations.

Jd. at 51372-73.

Concerning inspections, for each HMrWl, the amendments require annual

inspections of air pollution control devices and equipment. rd. at 51373. The

amendments further require a onetime visible emissions test ofthe ash handling

operations to be conducted dming the initial perfonnance test. Id. The amendments

allow as options, the use ofmonitoring devices such as continuous emissions monitoring

systems, bag leak detection systems, and continuous automated sampling system for

compliance demonstration. Id.

6
Finally, this rule removes the SlMtUP, shutdown and malfunction exemption

provision from the HMIWr standards. [d. at 51375. After USEPAs re-proposal, "the

U.S. Court of Appeals in Sierra Club v. EPA, 551 F.3d 1019 (DC Cit. 2008), vacated

provisions in EPA's CAA Section 112 regulations goveming emissions ofhazardous air

pollutants during SSM periods." Id.

Recordkeeping and Reporting Requirements

Records must be kept of all actions, procedures required to demonstrate

compliance with the rule. rd. at 51373. Furthermore, llivlIWIs are required to submit

"along with each test report, a description, including sample calculations, of how

operating parameters are established during the initial perfomlance test and, if

applicable, re-established during subsequent performance tests." Id. at 51374. A new

option is tJlat HMIWls have the choice to submit electronic copies of annual stack

reports. Id. at 51373.

III. GEOGRAPHIC REGIONS AND SOURCES AFFECTED

HMIWI sources throughout the state could be affected by this proposal, but, at

present the Agency is only aware of one affected source in the stale, Stericyc1e, lnc at its

Clinton, illinois facility.

IV. PURPOSE AND EFFECT OF THE PROPOSAL

This proposal is necessitated due to the remand ofNSPS and EG standards

promulgated as part ofthe process to determine a MACT standard for HMIWIs in 1997.

7
This action fulfills Illinois' obligation to establish emissions standards under section

129(b) no later than I year after the promulgation of emission guidelines for thc HMlWI

SOllrce category, and submit to the USEPA plans for the implementation and

enforcement ofthe emission guidelines with respect to tlle existing HMIWl in their

State. TSD. at 5.

At hearing, Dixon Nwaji will testify for the illinois EPA. Mr. Nwaji will testify

as to the purpose and effect ofthe proposal. He will also provide a brief recitation of the

status ofHMIWls in Illinois and how the proposal will affect them.

V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

There are 14 commercial HMIWI operated at ten facilities that are located in ten

stales. TSD a116. There are two existingHMIWI units (atone source) in operation in

Illinois that are subject to the Part 229 requirements. TSD at II. The two units are both

categorized as large HMIWIs based on waste charging capacity and are commercially

operated by Stericycle, Inc. at its Clinton facility. Id. Stericycle, Inc. is a leading

provider ofmemcal waste management services to hospitals, clinics, dental offices,

blood banks, research facilities, and other waste generators. TSD at 12. The company

owns and operates six commercial HMIWI facilities (including the I1linois facility) in

the United States. Id. In addition to its use ofincineration to treat

hospitaIJrnedicaIJinfectious waste, Stericycle also uses other treatment methods such as

autoclaving and its proprietary Electro-Thermal Deactivation (ETD) process to treat

waste at its other facilities. ld.

The US EPA believes most sources "should be able 10 meet the revised limits

using control technology already available to the industry." 74 Fed Reg 5137 I.

8
Based on the results of past performance tests. neither of these HMIWI meets all the

nine 2009 MACT floor limits. TSD at 12. The control option costs include control

costs, testing costs, monitoring, recordkeeping and reporting costs. [d. at 13. The costs

are itemized as capital and annual costs. Id. The total MACT floor annual costs for the

HMIWls are: Unit I, $376,220 and Unit 2, $333,136. Id. at J4. The total emission

reduction needed to meet the 2009 MACT floor limits for Unit I was detemlined to be

237 powlds of emissions at a total annual cost of$376,220, with the unit average cost

effectiveness value of $3,169,273 per ton. Id. For Unit 2, with the total emission

reduction of 41 pounds at a total annual cost of $333,J 36, the unit average cost

effectiveness value was determined to be $16,361,729 per ton. Id. USEPA believes that

even in the absence ofincreased regulatory requirements, less expensive alternative

waste treatment options are available to almost all facilities that operate HMIWr. Id. at

16. The additional costs imposed by the amended standards both to commercial

operators and waste generators will accelerate the trend towards alternative waste

treatment options. Id.

VI. COMMUNICATION WITH INTERESTED PARTIES

The rule has been shown to Stericycle, Inc., the only known affected source in

liIinois. In addition, the Illinois EPA has informed the lIlinois Env"Jonmental

Regulatory Group ofthe rule, as representatives of the regulated community.

VII. THE ILLINOIS EPA'S PROPOSAL

Section 229.100 Abbreviations:

The Illinois EPA proposes adding nanometers to the list of abbreviations.

Section 229.102 Definitions:

9
The fIIinois EPA is proposing to add the definitions of "Bag Leak Detection

System," "Commercial HMlW1," "Minimwn Reagent Flow Rate," and amend the

definition of "Minimum Secondary Chamber Temperature."

Section 229.104 Incorporations by Reference:

The Illinois EPA proposed adding several portions ofthe Code of FederaI

Regulations, US EPA Methods and technical standards to the materials incorporated by

reference.

Section 229.1 !O General Applicability:

The llIinois EpA proposes amending applicability to create two classes of

HMIW1s, one for lhose for which construction commenced either on or before June 20,

1996, or modification was commenced either on or before March 16, 1998; and those for

which constmction commenced either after June 20, 1996 but no later than December I,

2008, or for whicb modification is commenced after March 16, J998 but no later than

April 6, 2010.

Section 229.112 Exemptions:

The Illinois EPA proposes amending the exemptions to make exempt any

HMIWIs that meets the applicability provisions for New Source Performance Standards

Hospital/Medical/Infectious Wasle Incinerators under Subpart Ec of 40 CPR 60. Before,

all HMIWIs for which construction commenced after 1996, were exempt.

Section 229.1 15 Compliance Schedules for HMIWls That Will Continue to

Operate:

The [lJinois EPA proposes altering the compliance schedules for HMIWls that

will continue to operate depending upon whether it is before January 1, 20J 4, or on and

after January 1,2014.

Section 229.116 Compliance Schedules for HMIWls That Will Shut Down:

The TIli.nois EPA proposes altering the compliance schedule for HMlWls which

cease operation.

Section 229.120 CMPP Permit Requirements:

The Dlinois EPA proposes detailing the new dates which HMIWls must have a

CAAPP and when the appJication for tbe CAMP is due.

Section 229,125 Emissions Limits for Small. Medium, and Large HMIW1s:

10
The !llinois EPA proposes creating separate standards for pollutants depending

upon whether it is before January I, 2014 or on and after that date. Creates different

standards for HMIWIs which meet the criteria of Section 229.11 O(a)(J), and those which

meet the applicability criteria under Section 229(a)(2).

Section 229.126 Emissions Limits For Rural HMrwls:

The Jllinois EPA proposes creating diJJerent standards for rural HMIWls

depending upon whether it is before JanWlIY ],20 J4, or on and after January j, 20J 4.

Section 229.130 Operation Duringl'''.nods of Startup, Shutdown, or Malfunction:

The rulemaking repeals this entire section

Section 229.J 42 Initial Performance Testing and Establishment of Operating

Parameters)orAlI HMrwIs:

The Illinois EPA proposes amending the section to create initial performance

tests and operating for all HMIWIs. Divides I-IMIWTs requirements depending upon

whether it is before January 1, 2014, or on or after that date.

Section 229, Annual Testing For Opacity:

The Dlinois EPA proposes creating a new compliance schedule for the annual

opacity test.

Section 229.148 Annual Perfonnance Testing for AU SmalL Medium arld Large

HMIWTs:

The Illinois EPA proposes expanding annual performance testing to cover aU

HMIW[s.

Section 229,J 50 Compliance with Operating Parameter Values:

The Illinois EPA proposes amending the method to define operating parameters

and adds selective non-catalytic reduction system as a compliance option,

Section 229,152 Compliance Requirements for HMrwls using CEMS:

The Illinois EPA proposes allowing continuous emissions monitoring as a way to

demonstrate compliance.

Section 229.154 Violations by HMIWIs Equipped with a Dry Scrubber Followed

by a Fabric filter:

I I
The fIlinois EPA proposes defining the violation limits for the new compliance

altematives (ex. CEMS).

Section 229.156 Violations by HMIWIs Equipped with a Wet Scrubber:

TIle Illinois EPA proposes defining the violationhmits for the new compliance

altematives (ex. CEMS).

Section 229.158 Violations by HMIWls Equipped with a Dry Scrubber Followed

by a Fabri£.filter and a Wet Scrubber:

The Illinois EPA proposes defining the violation limits for the new compliance

alternatives (ex. CEMS).

Section 229.160 Compliance Requirements for Rural HMIWls:

The llIinois EPA proposes amending the compliance requirements for rural

HMIWls depending on whether it is before Jan. 1,2014, or on and after Jan. 1,2014.

Section 229.162 Inspection Requirements for All HMIWls

The Illinois EPA proposes amending the inspection requirementsfor HMIWls

depending on whether it is before Jan. 1,2014, or on and after Jan. 1,2014.

Section 229.166 Monitoring Requirements for All HM1Wls

The Illinois EPA proposes amending the monitoring requirements for HMIWls

depending on whether it is before Jan. 1,2014, or on and after Jan. 1,2014. Also allows

bag leak detection system in some circumstances. Also has special rules ifselective

noncatalytic reduction system is used as a compliance method and allows CEMs as a

substitute for certain parameters.

Section 229.168 Monitoring Requirements for Rural HMIWIs

The Illinois EPA proposes amending the monitoring requirements for rural

HMIWls depending on whether it is before Jan. 1,2014, or on and after Jan. 1,2014.

Section 229.180 Waste Management Requirements for Commercial HMIWls

The Dlinois EPA proposes new requirements to enhance waste management

practices at the point of generation. Included within this is the requirement that an

owner or operator of each commercial HMIWI company provide training and education

programs in waste segregation to each oftheir waste generator clients and ensure that

each client prepares its own waste management plan.

Section 229.182 Recordkeeping Requirements

12
The Illinois EPA proposes amending the.lisl ofpollutanL<; to keep records of.

Also lists pollutants to record if a selective noncatalytic reduction system is used to

comply and requires records to be kept if a bag leak detection system is used. Records

recordkeeping ofperfonnance tests, annual air pol1ution conhul equipment test, if a bag

leak detection systems are used, and for any maintenance ofthe HMIWI.

Section 229. I 84 Reporting Requirements

The llJinois EPA proposes listing requirements if test data or reports are

submitted before Jan. 1,2014, or on or ailer Jan. 1,2014. Also has schedule ofwhen

annuaJ reports are due and what must be in them. Has special provisions if a bag leak

detection system is used.

Section229.APPEND1X B Operating Parameters to be Monitored and Minimum

Measurement and Recording Frequencies

The Illinois EPA proposes amending the table to add a column for Selective

Noncatalytic Reduction systems and a row for Minimum Reagent Flow Rate.

Section229.APPENDIX C Reference Test Methods and Procedures for Performance

Tests.

The Illinois EPA proposes adding several measurement metbods and

standardized tests to the allowable list of methods and tests. Also allows several

aJternatives to reference tests and perfonnance tests such as bag leak detection system,

and CEMs.

VIH. CONCLUSION

The TIiinois EPA proposes these amendments to 35 Ill. Adm. Code 229 to update

specified provisions and to reflect current standards established by the US EPA under

the Federal Clean Air Act.

WHEREFORE, for the reasons stated above, the Illinois EPA hereby submits

this regulatory proposal and requests the Board adopt these proposed amendments to

Part 229 for the State ofIllinois.

Respectfully sLlbmitted,

13
DATED: December 22, 20 I0

1021 North Grand Ave. East

p,O, Box 19276

Springfield, fL 62794-9276

Charles E. Matoesj an

Assistant Counsel

Division of Legal Cowlsel

14
BEFORE THE iLLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

)

AMENDMENTS TO 35 ILL. )

ADM. CODE PART 229, )

HOSPITALIMEDICALIINFECTIOUS )

WASTE INCINERATORS )

)

)

u-?P R~

(Rulemaking - Air)

PROOF OF SERVICE

I, the undersigned, on oath state tbat [have served the attached REGULATORY

PROPOSAL FOR AJ\1ENDMENTS TO 35 ILL. ADM. CODE PART 229 and

APPEARANCE ofthe Illinois Environmental Protection Agency upon the persons to

whom it is directed, by placing it in envelopes addressed to:

TO:

Dorothy Gunn, Clerk

illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Jonathan Furr

Chief Legal Counsel

Illinois Dept. of Natural Resources

524 South Secoud Street

Springfield, Illinois 62701-1787

Matthew DUJln, Chief

Attorney General's Office

James R. Thompson Center

100 West Randolph, 12th Floor

Chicago, Illinois 60601

and mailing same by First Class Mail from Springfield, Illinois on December 2

with sufficient postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

.'U!(el1'\~er this th day of , 20 I0

¥AJUc

Notary Public

13o-QW
TECHNICAL SUPPORT DOCUMENT

CONTROL OPTIONS AND ASSOCIATED COSTS OF COMPLYING

WITH THE PROPOSED REVISIONS TO 35 ILLINOIS

ADMINISTRATIVE CODE, PART 229:

HOSPITALfMEDICALIINFECTIOUS WASTE INCINERATORS

RECEIV

CLERK'S OFFICE

OEC'2 32010

STATE OF fWNOtS

Pollution Control Board

AQPSTR 10-08

December 20, 2010

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST

P.O. BOX 19276

SPRINGFIELD, ILLINOIS 62794-9276
CONTENTS

List ofTables 3

List of Acronyrns 4

1.0 Introduction 5

2.0 Background 6

3.0 Summary ofthe proposed revisions to Part 229 7

4.0 Control options costs for model large HMIWI 9

5.0 Affected SOuTces 11

5.1 Stericycle, Inc )2

5.1.] Control measure needed to meet 2009 MACT floor limits 12

5.1.2 Control options costs 13

5.1.3 MACT floor cost effectiveness ..14

5.1.4 Alternatives to compliance .14

5.1.5 Cost lrnpact 16

6.0 References 17

7.0 Appendix 18

2
Table 1.

Table 2.

Table 3.

Table AI.

Table A2.

Table A3.

Table A4.

Table AS.

Table A6.

TableA7.

Table A8.

Table A9.

Table Ala.

Table All.

Table Al2.

Table Al3.

Table A14.

Tables

Summary ofproposed emissions limits for HMIWI. 8

Air pollution control devices used for the 1997 MACT standards 10

Summary of control option costs for model large HMIWI 11

MACT FLOOR COMPLANCE COSTS TABLES

Stericycle's HMlWI operating parameters 19

Baseline concentrations and the 2009 MACT floor emissions limits 19

Control measure needed to meet the 2009 MACT floor limit 20

MACT floor capital control costs 20

MACT floor capital testing costs .21

MACT floor capital monitoring costs .21

MACT floor capital costs 22

MACT floor annual control costs .22

MACT floor annual testing costs .23

MACT floor annual monitoring costs 23

MACT floor annual recordkeeping and reporting costs 24

Total MACT .floor annual costs 24

MACT floor cost effectiveness 25

Autoclave/landfill capital and annual costs 26

3
ACI

APCD

CAA

Cd

CDO/CDF

CO

DIFF

Oscfin

DIF, TEQ

DfF, total

of

FF

gr/dscf

Hel

Hg

HMrwI

hr

lb

MACT

mgldscm

ng/dscm

NOx

OSHA

Pb

PM

pprnv

ppmvd

SNCR

S02

WS

yr

List of Acronyms

Activated carbon inj ection

Air pollution control devices

Clean Air Act

Cadmium

Chlorinated dibenzodioxin/ ChlOlinated dibenzofuran (Dioxins/furans)

Carbon monoxide

Dry injection fabric filter

Dry standard cubic feet per minute

Dioxins/furans, toxic equivalent

Total dioxins/furans

Degrees Fahrenheit

Fabric filter

Grains per standard cubic feet

Hydrogen cWoride

Mercury

Hospital/medical/infectious waste incinerators

Hours

Pounds

Maximum achievable control technology

Milligrams per dry standard cubic meter

Nanograms per dry standard meter

Nitrogen oxides

Occupational Safety and Health Administration

Lead

Particulate matter

Parts per million by volume

Parts per million by volume, dry

Selective Non-Catalytic Reduction

Sulfur dioxide

Wet scrubber

Year

4
1.0 Introduction

The Illinois Environmental Protection Agency ("Illinois EPA") is proposing to revise

certain standards and requirements for hospitaVmedicallinfectious waste incinerators

(HMIWT), under 35 Illinois Administrative Code, Part 229 ('"Part 22.9"), to further control

emissions from this category ofwaste incinerators. This action is initiated by the

requirement under Section l29(b) ofthe Clean Air Act ("CAA"), as amended in 1990,

that each State in which exiting HMIWI are operating shall no later than 1 year after the

promulgation of emission guidelines for the HMIWI source category, submit to United

States Environmental Protection Agency ("USEPA") plans for the implementation and

enforcement ofthe emission guidelines with respect to the existing HMIWI in their State.

On September 15, 1997, the United States Environmental Protection Agency ("USEPA")

promulgated new source performance standards ("NSPS") and emission guidelines

("EG") to reduce emissions from HMIWI ("the 1997 MACT standards"). I

NSPS for new HMIWI are Federal regulations that are implemented and enforced by the

Illinois EPA under delegation authority from the USEPA. EG are intended to initiate

State action to develop State regulations that are, at least, as stringent as the requirements

ofthe promulgated guidelines. USEPA is required to develop a Federal plan to

implement and enforce the emission guidelines in States that did not submit an

approvable plan by the established deadline.

D1inois EPA submitted an approved state implementation plan ("SIP") that reflects the

guidelines under the 1997 MACT standards. The standards and requirements contained in

the SlP are codified under Part 229.

On March 2, 1999, the U,S. Court ofAppeals for the District ofColumbia Circuit ("the

Court"), in a case challenging USEPA's methodology in deriving MACT floors for the

1997 MACT standards, remanded the rule for further explanation from USEPA ofits

derivation of the standards. 2 Since the Court did not vacate the 1997 MACT standards its

requirements remained in effect during the remand and were fully implemented hy

September 15, 2002.

On October 6, 2009, the USEPA in response to the Court's remand promulgated revised

NSPS and EG for HMIWI ("the 2009 MACT standards").) Illinois EPA is required to

submit a revised SJP to address the new requirements under the guidelines.

This document describes the amended requirements under the 2009 MACT standards,

control options and the estimated site-specific incremental costs that will be incllrred by

5
the lone affected Illinois facility to comply with the proposed revisions to the standards

and requirements under Part 229.

The illinois EPA reviewed and relied upon the documents detailing results of USEPA's

analyses for MACT tloor detenninations and the impacts, and other materials placed in

the docket for the 2009 MACT standards.' The proposed revisions to Part 229 are

deemed equivalent in stringency to the revised standards and requirements under the

2009 MACT standards.

2.0 Background

Incinerators are used to bum hospital waste at high temperature, and under controlled

conditions (e.g., feed quantity, temperatme, and residence time) before disposal. Some

incinerators are also designed to recover energy. About 85 percent of hospital waste

content consists ofmunicipal-type waste that can be recycled or disposed without special

treatment; the remaining content consists ofregulated medical waste that is required to be

treated to inactivate pathogens or other infectious agents contained in the waste. I

Incineration is among the existing waste treatment technologies used to process regulated

medical waste to make it biologically and chemically safe for disposal in a landfill.

A modem HMIWI generally consists oftwo combustion chambers and air pollution

control equipment. Most ofthe incineration of waste feed takes place in the primary

chamber while complete destruction is accomplished in the secondary chamber. Waste is

fed into the primary chamber and exposed to lower temperatures that range between

1400° and 1600°F. The off-gases which contain volatiles from the waste feed that have

not burned out are passed into the secondary chamber where the organic materials are

burned out at higher temperatures (1800° to 2000°F) to form carbon dioxide and water.

The objective of the combustion process is the complete destruction of all organic

materials in the waste feed, while minimizing the fonnation and release of toxic

pollutants. The advantages ofincineration include reduction in the volume of material

combusted, destruction of pathogens and hazardous organics, and energy recovery. In

addition, incineration leaves wastes unrecognizable after treatment.

A major disadvantage ofincineration as a treatment option is the public health risk posed

by the emissions ofhazardotls air pollutants from the medical waste incineration process.

Medical waste incinerators are major sources of persistent, bioaccumulative, and toxic

pollutants such as mercury, dioxins and furans. These pollutan.ts are known or suspected

to cause seriolls health effects, such as cancer, birth defects, and lUllg defects as well

cause adverse environmental and ecological effects.'

6
Emissions from HMIWI units depend greatly on the materials that are c.ombusted.

Hospital waste contains significant amounts of polyvinyl chloride plastic materials and

heavy metals. Some pollutants in the waste feed are released unchanged during

combustion; others are formed as a result ofthe combustion process. In addition, under

poor operating conditions (e.g., low secondary combustion temperature and residence

time) dioxins and furans are fonned in the presence ofthe halogenated waste. Enhanced

waste management practices such as waste segregation at the point of generation,

purchasing ofrecycled or recyclable products, and good combustion control practices are

effective pretreatment strategies for reducing emissions of certain target pollutants.

The CAA requires the USEPA to promulgate standards for the control of emissions of

nine categories of pollutants from HMIWI to protect public health and welfare. The nine

pollutants are hydrogen chloride (HCI), carbon monoxide (CO), lead (Pb), cadmium

(Cd), mercury (Rg), particulate matter (PM), dioxin/furans (CDD/CDF), nitrogen oxides

(NOx), and sulfur dioxide (S02). The amended 2009 MACT standards are far more

stringent than the original standards that most ofthe existing HM:IWI would need to

improve performance in order to comply with amended standards.

3.0 Summary of the proposed revisions to Part 229

Table 1 is a swnmary ofthe revised standards for existing RMIWI under the 2009

standards. Not included in the revised standards are percent reductions limits for HC1, Pb,

Cd, and Hg as in the 1997 MACT standards. Because the approach used in detennining

percent reduction limits for these pollutants for the 1997 MACT standards did not

account for non-technology factors that also affect emissions from HMIWI, the use of

percent reduction limit as an option for compliance demonstration was removed from the

2009 MACT standards.

USEPA's analysis of emissions data collected from HMIWI facilities show that 7 out of

57 HMIWI simultaneously meet all ofthe MACT floor emissions limits; 42 units are

estimated to meet the revised CO and NOx emissions limits with existing controls.

The revised emissions limits apply at all times, including during periods OfStal1Up,

shutdown and malfunction (SSM). The regulatory exemption that allowed facilities under

MACT programs to exceed emissions limits of toxic pollutants during periods of SSM

was not included in the 2009 standards because ofits vacatur in 2008 by the Court. 5

USEPA believes that all ofthe MACT floors are achievable in practice since the floors

were determined based on actual performance data The industry believes differently.

The owners and operators ofHMIWI contend that the pollutant-by-pollutant approach

7
used by USEPA in calculating the MACT floors essentially created a hypothetical "sliper

unit" that resulted in the establishment of overly stringent MACT floors that no existing

unit has completely achieved, or can be simultaneously achieved by any of the best

per[om1ing units identi tied in the MACT analysis.J

USEPA is ofthe opinion that its interpretation of Section 129 ofthe CAA supports the

pollutant-by-pollutant approach rather than the unit-based approach, where the

detelmination ofMACT floor is based on a unit's overall performance for all pollutants.

In the pollutant-by-pollutant approach, a unit's perfonnance for each ofthe nine

pollutants is scored and ranked; the individual pollutant rankings are summed to

determine the overall ran.king for each unit in a HMIWI size category.)

Table 1 - Summarv of proposed emissions limits for HMIWI .

Existing HMTWl Throughpul Size Category

Pollutant (units) Large Medium Small Small Rural

HCI (ppnw) G.G 7.7 44 810

CO (ppm\') II 5.5 20 20

Pb (mg/dscm) 0.036 0.018 0.31 0.50

Cd (mgldscm) 0.0092 0.Ot3 0.017 0, II

Kg (mg/dscm) 0.018 0-025 0.014 0.0051

PM (gr/dset) 0.011 0.020 0.029 0.038

DIF, lotlll (ngldscm) 9.3 0.85 16 240

DfF, TEQ (ngldscm ) 0.054 0.020 0.013 5, I

NO. (ppmv) 140 190 190 130

SO! (ppmv) 9.0 4.2 4.2 55

Opacity (%) 6.0 6.0 6.0 6.0

Source: 74 Fedc:r:l.1 Reglstc..--r 51368, Octobcr 6, 2009.

~: E:l.ch inciUCr.llor u\lil is categorized as large. rnediurn, small, or small 11.11111 b.:Ised on its max.imum design "-1I5te charging

capacily:

!...llrge: > 500 Iblhr of vYllSIC;

Medium: ;, 20U to :$ 500 Iblhr of waste;

Small: ,,20U Iblhr of wasle~ and

Small Rural: <: 2,000 ib/wk, located '> 50 oliles from boundary of the nCllresl SUllldard Mctropolit.nn SUltl51.ical Area

8
Other new requirements under the 2009 MACT standards that will now be included in

Part 229 revisions are:

• Additional stack testing requirements for existing and new HMIWI~

• Additional monitOling requirements for new HMIWI;

• Annual inspections of air poIlution control devices;

• One-time visible emissions test of ash handling operations; and

• Amended waste management plan provisions;

Additionally, the proposed revisions to Part 229 will include the following:

• The requirement that the existing HMfWI demonstrate compliance with the

amended standards within 3 years of USEPA's approval oflllinois EPA's SIP or

5 years after the 2009 standards publication date ofOctober 6,2009, whichever is

earlier~

• That lllinois EPA may, on a case-by-case basis, consider providing maximum

compliance period allowed under the CAA to enable affected facilities that may

need to install control devices and or retrofit their equipment~ and

• A phased schedule for compliance with the revised limits

4.0 Control Option Costs for Model Large HMfWI

Table 2 lists the summary of APeD by HMIWI category used in demonstrating

compliance with the 1997 MACT standards. The achievability ofthe 2009 MACT

standards was evaluated byUSEPA, and the results show that most ofthe 57 HMIWI as

configured are not expected to meet all nine MACT floor limits. That is, most of the

HNITWI would need to improve perfonnance by installing control system, addjng

incremental control, using any ofthe alternatives to compliance, or a combination of

these measures to meet standards.

To determine estimated costs associated with the control measures that can be used to

comply with the 2009 MACT .floor limits, model plants representing the 57 HMIWI in

operation were developed by USEPA to aid in its analysis of impacts (cost., economic,

environmental, energy, etc) ofthe amended standards. The design and operating

parameters (e.g., incinerator charge rate, stack gas flow rate, incinerator operating hours,

and emissions concentrations) for the model plants were based on those ofthe existing

HMIWl.

9
The stack gas .flow rate for a model large HMlW! was detclmined to be approximately

4,000 dscfm. The model capital costs for the various control options were estimated in

units of dollars ($) and $/dscfm; for model annual costs, the units were estimated in

dollars per year ($/yr) and $/dscfm. For each HMIWI requiring control, the control cost

was detennined by multiplying the unit-specific stack gas flow rate by model $/dscfm

costs.

Table 2 - Air pollution control devices used for the 1997 MACT standards

Existing HMIWI Throughput Size Category

Total no.

APCD type Large Medium Smull Small rural HMIWI

Dry APeD" 16 3 0 2 21

Wet APCDb 17 14 2 0 33

Dry/wet APCD< 3 0 0 0 3

UnconlTolled 0 0 0 0 0

Total 36 17 2 2 57

Sources:

I. MACT Performance Data for H'MIW I Facili tics.'

2. Revised Compliance Costs and Economic Inputs for E~iSling liMIWl.'

Note:

1I _ Dry APeD include lilter fabric (FF) Ilnd dry sorbent injection followed by fllbric Jil\cr (DIFF).

b. Wet APeD include various types of wet scrobbcrs (WS) e.g., venturi. packed-bed.

Table 3 lists control options, pollutants most effectively controlled by each option, and

costs associated with each control option for a large model HMIWI to comply with

proposed revisions to Part 229. (Control costs for other size categories are left out in this

document.)

Included as options, are incremental controls that can be used in conjunction with

existing control system (rather than install new system) to improve performance in

emissions reductions ofthe listed pollutants.

Waste treatment and disposal methods such as autoclaving (followed by ctisposal ofwaste

to landfill), hauling waste to off-site municipal waste combustors, and the use of

commercial medical waste disposal services listed as control options~ were developed as

alternatives to compliance for the model plants.

10
Table 3 - Summary of control option costs for model large HMIWI

Control Option Costs

Contrul oplion Pollutants controlled Total Capital Investment, Annual Costs. $iyr

.$

Packed-bed wet scrubbers Hel, SO, S452,658 $104,101

Fabnc filter Pb, Cd, Hg, PM, $1,017,892 $267,793

COO/CDF

Dry injection fabric filter HCl, Pb, Cd, Hg, PM, $1,363,508 5347,053

COD/CDF,502

Secondary chamber retrofit PM, CO, CDD/CDF 53%,250 $80,819

Selecliv.: noncalalytic NOx $585,709 567,918

reduction

Activated carbon injection Hg, CDD/COF $11,989 $56,313

system

Incremental controls:

Jncrease caustic flow Hel, SO, SO $55

Increase time flow Hel, SO, SO $20,895

Increase NaHCO~ fiow HCI, SO, SO 581,587

Increase activdled Hg,CDD/CDF SO $42,585

C<lrbon flow

Increase narura I .~as use PM, CO, CDD/COF SO $30207

Increase scrubber PM SO 526,810

horsepower

Improve fabric fJlter Pb, Cd" Hg, PM, SO $8,608

performance CDD/CDF

Increose NOx rcaStent NOx $0 $l,836 .".

Alternatives to Compliance: .~

AUloclave/landfill Alternatives to compliance $1,000,000 S205,273

Haul waste to municipal Allematives to compliance SO $225,944

wllste combustor

Commercial medical Alternatives to compliance SO 5[,447,200

waste disposal

SOllrres:

1. Revised Compliance Costs and Economic Inputs for E"istillg HM1W1.'

2. Medical Wasil: Incinerators - Background Infonnation for Proposed Slandards and Guidelines: Control Technology PerfOlm8nCC

Rcpon for New and EJcisring Facilities.!

J. Medical Wasil: Incinerators - Background Infonnation for Proposed Slandal'C!s and Guidelines: Model Plant Description and Cust

Rcpon for Ncw and £"isring Facilities.9

NOlc:

I. CASts are in 2007 dollars

2. Ollly annual costll arc associated wilh incremental controls, hauling waste 10 municipal "'lISIC cnmbustor, and commCfeial medical

.....aste disposal.

5.0 Affected Sources

There are two existing H1v1IWI units in operatjon in Illinois that are subject to Part 229

requirements. The two units which are both categorized as large based on waste charging

capacity are commercially operated by Stericycle, Inc at its Clinton, illinois facility.

Hospital/medical/infectious waste generators that use off-site HMIWI to treat and dispose

waste are only subject to Part 229 waste management plan requirements. The MACT

11
standards do not directly apply to waste generators that use ofT-site incinerators.

However, commercial operators of HMfWI are expected to train and educate their waste

generator customers to implement waste management program. For this reason, the

analysis ofthe cost impact ofthe proposed revisions to Part 229 "rill focus only on the

two HMIWI.

5.1 Stericycle, Inc.

Stericycle is a leading provider of medical waste management services to hospitals,

clinics, dental offices, blood banks, research facilities, and other waste generators. The

company owns and operates six commercial HMlWI facilities (including the Illinois

facility) in the United States. In addition to its use ofincineration to treat

hospital/medical/infectious waste, Stericycle also uses other treatment methods such as

autoclaving and its proprietary Electro-Thermal Deactivation (ETD) process to treat

waste at its other facilities. (Autoclaving and ETD are described in below in Section

5.].4, Alternatives to Compliance.)

Emissions from HMIWI units are impacted by the implementation of enhanced waste

management practices at the point of waste generation. OSHA requirements preclude

commercial HMIWI facilities from segregating medical waste received for treatment.

Stericycle sees its role in providing training and education to waste generator customers

to conduct their own waste segregation as vital to its overall goal ofrnirurnizing or

eliminating toxic pollutants contained in wastes or that are fOIDled when wastes are

incinerated. In addition to providing educational outreach that focus on implementing

waste management plan and dental waste management program, contract requirements

and waste acceptance protocols negotiated with customers serve as incentives to the

customers to develop and implement waste segregation program.lIl.11

Under the 1997 MACT standards, initial performance test (for all target pollutants) and

subsequent annual test (for HCI, CO, and PM) are required for compliance

demonstration. Tests so far conducted on the two HMTWl show compliance with the

applicable 1997 MACT floor limits. Stericycle did not report any results for NOx and

S02; testing for the two pollutants is optional under the 1997 MACT standards. Table Al

lists a summary of operating parameters for the two HMIWI units, and APCD used to

meet the 1997 MACT floor limits.

5.1.1 Control Measure Needed to Meet 2009 MACT Floor Limits

Based on the results of past performance tests, neither oHhe two HMIWI meets all the

nine 2009 MACT floor limits (see Table A2). To detennine percent improvement, and

12
the control measure needed to meet the 2009 MACT floors, the baseline concentrations

determined from the initial and annual stack tests conducted for the 1997 MACT were

compared to the 2009 MACT floor limits. As shown in Table A2 the two HMTWI each

met six ofthe nine amended emissions limits. That is, the emissions ofCa, Pb, and Hg

from Unit I exceed the applicable MACT Ooor limits; for Unit 2, emissions ofPb, Cd,

and Hg exceed the MACT floor limits. Baseline concentrations shown in Table A2 [aT

NOx and S02 are averaged emissions data from similar HMIWI units (size, parameters)

as no tests results for these pollutants were reported by Stericyc1e.

Table A3 lists percent improvement and control measure needed to meet the 2009 MACT

floor limit [or specific pollutant and specific unit. In determining the control measure

needed to bring a unit into compliance, the existing control system installed on the unit

and the level of reduction in emission are considered. A pollutant with a negative percent

improvement indicates that the pollutant emission is below the MACT floor Ijmit; in this

case improvement is not needed. Conversely, a positive percent indicates improvement is

needed. Where improvement is needed, the level ofcontrol needed is determined by the

level ofreduction needed to meet compliance. For its analysis, USEPA considered a

positive 50 percent or greater as requiring stringent control; ifless than 50 percent, the

addition of a less stringent control (e.g., increasing natural gas use) may be sufficient to

improve performance. This approach is used for each pollutant individually and the

results compared across all pollutants to determine the best combination of control

measures needed for compliance.

As listed in Table A3, to improve perfonnance for Unit 1 and Unit 2 in order to meet

applicable MACT floor limits, fabric filter is to be added for Pb control, and activated

carbon injection system for Hg control. In addition, natural gas flow will have to be

increased for Unit I for ca control; the scrubber horsepower is to be increased for Cd

control [or Unit 2.

5.1.2 Control Option Costs

The control option costs include control costs, testing costs, monitoring, recordkeeping

and reporting costs. The costs are itemized as capital and annual costs. Table A4 lists

the capital conh'ol costs [or DIFF and ACL These costs were each determined by

multiplying the unit-specific stack gas flow rate shown in Table A2 by applicable model

capital cost unit, $/4,000 dscfm . (The stack gas flow rate for a large model HMIWI unit

was detemlined to be approximately 4,000 dscfm.) As shown in Table 3 (Summary of

cOlltrol option costsfor model large HMIWI), there are no capital control costs associated

with incremental controls. Tables A5 and A6 show capital costs associated with the

13
procurement and installation ofcontro!, testing, and monitoring, respectively. Table A7

presents a sllmmary ofthe total MACT floor capital costs for the HMIWI: Unit 1,

$1,172,045; and Unit 2, $1,110,224.

The total MACT floor annual costs for the HMJWI as shown in Table A12 are: Unit 1,

$376, 220; and Unit 2, $333,136. Included in the annual costs are: annualized control

cost (Table A8); total initial testing cost (Table A9); total annual monitoring cost (Table

AlO); and recordkeeping and reporting cost (Table All). (Control costs were annualized

over the expected equipment lifetime at 7 percent, while total initial testing cost was

aIUmalized over 15 years at 7 percent.)

5.1.3 MACT floor Cost Effectiveness

To calculate the cost effectiveness of the MACT floor for each ofthe HMIWI and for

pollutants with similar emission reduction characteristics, the target pollutants were

grouped based on the following characteristics: particulates (PM, Pb, and Cd); acid gases

(HCl and S02); reduced by activated carbon (Bg, CDD/CDF); solely reduced by

combustion control (CO); or solely reduced by SNCR (NOx). Cost effectiveness was

then determined for each HMIWI and for each segment by dividing the total emission

control and monitoring costs for each segment by total emission reduction for the

pollutant(s) in that segment. Cost effectiveness was not calculated for acid gases (HCI

and S02) and pollutant solely reduced by SNCR (NOx); no annual control and

monitoring costs are associated with either segment. The cost effectiveness ofthe total

MACT floor was determined by dividing the total compliance costs (total MACT floor

annual costs) by the total emission reduction needed to meet the 2009 MACT standards

limits. The total emission reduction needed to meet the 2009 MACT floor limits for Unit

1 was determined to be 237 pOlU1ds at a total annual cost of $376,220, with the lillit

average cost effectiveness value of$3,169,273 per ton. For Unit 2, with the total

emission reduction of 41 pounds at a total annual cost of $333,136, the unit average cost

effectiveness value was determined to be $16,361,729 per ton. Table A13 presents a

summary of the results ofthe calculations.

5.1.4 Alternatives to Compliance

In addition to incineration, a number ofother infectious waste treatment methods used in

the industry include autoclaving, gas/vapor sterilization, chemical disinfection~ thermal

inactivation, microwave sterilization and others. While incineration is the waste treatment

method used by Stericyc1e at its Clinton facility, the company also uses autoclaving, its

proprietary Electro-Thermal Deactivation (ETD) process, and other methods at other

facilities outside the state.

14
Autoclaving. or steam sterilization, involves the use ofsaturated steam within a pressure

vessel at specified temperature, pressure, and time, to kill pathogens in medical waste.

The disinfection of the waste is primarily achieved by steam penetration. Autoclaving is

most effective w.ith low-density materials such as plastics that they are w\dely used to

treat laboratory waste typically collected in special plastic bags prior to disposal.

Steam sterilization is not as effective as incineration when used to treat high-density

waste such as body parts or waste with high liquid content because direct steam

penetration is inhibited which results in longer sterilization times. ll Autoclaving is not

generally approved as a treatment method for pathological waste, human blood and blood

products because oftheir high liquid contents. Other than pathological and

chemotherapy wastes that must be incinerated, autoclaving is an alternative treatment

method for the other types ofregulated medical wastes.

Stericycle ETD waste treatment process uses an oscillating field of low-frequency radio

waves to heat medical waste to temperatures that destroy pathogens. The ETD process

does not produce regulated air or water emissions, and it also reduces waste volwne."

Each waste treatment method presents its own performance issues and environmental

impacts. For example, incineration is the most widely used treatment method used for the

disposal ofregulated medical waste. Operated properly incineration destroys pathogens,

reduces volumes, and renders waste unrecognizable. However, its operation releases

emissions of hazardous air pollutants (constituents of wastes being treated) such as metal

particulates, and mercury; also emitted are dioxins/furans resulting from combustion

process. Autoclaving also releases hazardous pollutants (including mercury) but the type

and amount can be minimized by an effective waste management program. Because of

regulatory requirements, and requirements by generators of certain regulated merucal

wastes, autoclaving is not used for the treatment of pathological, chemotherapy and

pharmaceutical wastes. Autoclaving does not achieve the volume reduction as

incineration thus, some medical wastes that are autoclaved may require more landfill

space than ifincinerated. Other environmental impacts associated with landfilling of

autoclaved medical wastes include landfill gas emissions, landfill leachate issues, and

impacts ofwaste transportation traffic.

The USEPA evaluated the model costs associated with only three alternatives to

compliance namely, autoclave/landfill, haul waste to mlmicipal waste combustors

(MWC), and commercial medical waste disposal. (see Table 3) The costs associated with

using commercial medical waste disposal services are significantly more expensive than

15
autoclave/landfill costs. Although the costs associated with using MWC services are

lower than autoclave/landfill costs, the drawback is that most MWC do not accept

medical waste. Amongst the three alternatives to compliance options, autoclavel1andfill

is considered a viable alternative to incineration for a commercial operator such as

Stericyc1e. The estimated autoclave/landfill annual costs as alternative to compliance for

the two HMIWI total $530,000, or roughly 75 percent ofthe estimated total MACT floor

costs. Table A14 is a summary list of costs associated with use of autoclavellandfill as an

alternative to compliance.

5.1.5 Cost Impact

The USEPA recognizes that the pollutant-by-pollutant approach used for determining

MACT .floors for the revised standards will cause the overall compliance costs ofthis

regulation to increase compared to what would result under a unit-based approach.

However, USEPA does not expect that the increase in costs will significantly .impact

most facilities with HMIWI, whether the costs are absorbed or passed on to customers.

USEPA believes that even in the absence ofincreased regulatory requirements, less

expensive alternative waste treatment options are available to almost all facilities that

operate HMIWI. The additional costs imposed by the amended standards both to

commercial operators and waste generators, will accelerate the trend towards alternative

waste treatment options. For the commercial operator, it is expected that this will

translate to a decline in the quantity of medical waste received for treatment, as well as

declines in treatment costs, incineration costs, and profits."

There are 14 commercial HMIWI operated at 10 fac.ilities that are located in ten states.

Eight of the 14 commercial HMIWI are located in six states and, are owned and operated

by Syericycle; the other six HMIWI located in four states are owned and operated by five

parent companies. The commercial operators are assumed to have market power

especially in regions that do not have strong incinerator alternatives. Because of

increased cost ofincineration medical waste generators are increasingly using alternative

options to treat waste onsite, and use the services of commercial HMIWI for wastes that

must incinerated.

16
6.0 References

1. 62 Federal Register 48348, September 15, 1997. Standards ofPerformance for New

SrationmJJ Sources and Emission Guidelinesfor £'\,iSling Sources:

HospilallMedical/bifectious Waste Incinerators; Final Rule.

2. Siena Club v. EPA, 167 F.3d 658 (DC Cir. 1999)

3. 74 Federal Register 51368, October 6,2009. Standards ofPerformancefor New

Stationary Sources and Emission Guidelinesfor Existing Sources:

Hospital/Medical/Infectious Waste Incinerators; Fillal Rule.

4. Http://www.regulations.gov Web site. Docket ID No.: EPA-HQ-OAR-2006-0534

5. Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008) (SSM Exemption).

6. Thomas Holloway. January 12,2007. MACT Peiformallce Datafor HMIWI

Facilities

(Docket ID No.: EPA-HQ-OAR-2006-0534)

7. Thomas Holloway. July 6,2009. Revised Compliance Costs and Economic Inputs

for Exislillg HMIWI (Docket ill No.: EPA-HQ-OAR-2006-0534)

8. U.S. Environmental Protection Agency. July 1994. Medical Waste IncineratorsBackground Information for Proposed Standards and Guidelines: Control

Technology Peiformance Report for New and Existing Facilities (EPA-453/R-94-

044a).

9. U.S. Environmental Protection Agency. July 1994. Medical Waste IncineratorsBackground Information for Proposed Standards and Guidelines: Model Plant

Description and Cost Reportfor New alld Existing Facilities (EPA-453fR-94-045a).

10. Stericycle, Inc. Waste Management Plan. Submitted to Illinois EPA as

an attachment to annual performance test results.

11. Stericycle, Inc. December 20, 2007. Response to Information Collection

Request (Docket ill No.: EPA-HQ-OAR-2006-0534)

12. The National Institute for Occupational Safety and Health (NIOSH).

Publication No. 88-119. September 1988. Guidelines for Protecting the

Safety

and Health ofHealth Care.

13. Stericycle, Inc. Environmental Responsibility.

http://www.steriCYcle.com/medical-waste-disposal/health-safetv.html

Assessed on March 10, 2010.

14. Katherine Heller, et al. July 2009. Economic Impacts of Revised MACT

Standards for Hospital/Medical/Infectious Waste Incinerators

(Docket ID No.: EPA-HQ-OAR-2006-0534)

17
7.0 APPENDIX

MACT FLOOR COMPLANCE COSTS TABLES

18
Table Al - Stericvcle's HMIWI operating parameters

Source. ReVIsed Comphal1c~ COSlS and [:conomlc Inputs for EXISllng HM IWI

· Operating parameters

Maximum Slack Esnmaled

charge gas Ilow Slack gas Operating annual

Unit SIze APCD rate mte rerl1per'dlu re hou~ throughput

number category APCD description codc (Ib/hr) (dscrm) (OF) (hr/yr) (tpy)

Secondary

Unitl Large chamber (I 800°F), WS 1,500 3,304 143 7,665 .3,852

venture scrubber,

and condensing

absorber

Secondary

Unit2 Large chamber (1800°F), WS 1,500 3,125 141 7,558 3,798

vcnture scrubber.

and condensing

absorber

-

Table A2 - Baseline concentrations and the 2009 MACT floor emissions limits

Baseline concentrations

2009 MACT floor

Pollutant (units) Unit 1 Unit 2 emIssions limits

HCl (ppmvd) L12 1.43 6.6

CO (ppmvd) 12.9 577 11.0

Pb (mgldscm) 0.200 0.134 0.036

Cd (mg/dscm) 0.00572 0.0\23 0.0092

Hg (mgldscm) 0.415 0.377 0.018

PM tgr/dscf) 0.00921 0.00878 0.011

D/F total (ngldscm) 1.24 0.837 9.3

D/F TEQ (ng/dsem) 0.0105 0.0126 0.054

NOx(ppmvd) 121 121 140

SOl (ppmvd) 2.85 2.85 90

SOUTce. Revls<:d Compliance CostS Knd EconomiC Inputs for EXIsting HMIWI

Nole:

1. A baseline conco:fllr.ltion (single emission valoc) for a sp~l:i(ic unit and pollutant is the mean of the pet1<mnanl'c tests averages for

the SpiJCific unit :and pollutant. Bnseline cOllccnlrntiom for NO" <lTld SO, are aVeT'llged emissions data from simil3T HMIWI units (size,

pammeters). Stcricycle did not repon any lesl results tor N~and SO,; testing for the pollul.:mts is oplionalunder the 1997 MACT

s\;lnJards.

19
Table A3 - Control measure needed to meet the 2009 MACT floor limits

~. ReVIsed COnlphan~e COSI~ ~nd EconomIC Inputs for EXIsting HM IWt

Percent improvement and cOlltrol measure needed to meet 2009 MACT floor limit

CO%, MACT Pb% MACT Cd% MACT Hg% MACT

Umt Improvement floor Improvement floor Improvement floor Cd Improvement floor

number Needed CO Needed Pb Needed control Needed Hg

control control control

Unitl 17% incre-<lse 457% add FF -38% none 2204% add

nntural ACT

gas

Unit2 -48% none 274% add FF 34% Incre:Jse 1993% add

scrubber ACI

hp

.' ,

Table A4 - MACT floor capital control costs

Sourc". ReVised ComplIance Costs and EconomIC Inputs lor EXlsllng HMIWr

Summary of MA-CT floor controls MACT floor capital control costS

APCD code with

Unit Consolidated MACT floor MACT floor Total MACT

number controls controls DIFF AC'f floor control cost

Unit I increase natural gas; add 01 FflWS $1.126,424 S9,904 $1,136,328

DlFF and ACI

Unit 2 add D1FF and AO DIFF/WS $1,065.142 $9,365 $1.074,507

,. ..

Nole:

The capital control COSts for DIFF and ACI wcrc each dctcmlined by multiplying lh.: ullit-specilic stJIck gas flow rolc ill Table A2 hy

applicoblc mooel $Idscfm costs in Table J

20
Table AS - MACT floor capital testing costs

$OlllCC. Revl5e/.1 ComplJallcc Costs ~nd EconomIC Inpu\s for EXisting HMj\~ I

MACT (loor capital testing costs (initial and teSlS)

Initiul TOlal initial Initial Total

Unit MACT floor metals Initial NO. Initial 502 stack testing visible MACT

number initial stack tesling tesling testing cost emiSSion (loor testing

testing lesting COSI cost

Unit 1 metals, NO" $14,000 $7,000 $7,000 $18,667 5250 518,917

502 (already

tested for CO)

Unit 2 Metals. NO" £14,000 S7,000 $7,000 $1&,667 $250 $18,9\7

S02

. ,. :

Nole:

Tot:ll initial stack tcsting cost ofS28,OOO \\IllS adjusted by lW(}-thims 10 al."<:ounl for costS common 10 multiple tCSts.

Table A6 - MACT floor capital monitoring cost

.5..2!!ill- ReVIsed Comphance Costs and Ecooo(O,c Inputs for EX1~mg HMJWI

MACT (loor capital monitoring cost

Total MACT

Unit Maintenance/inspection (loor

number MACT floor D1FF ACT monitoring monitoring

monitoring monitoring costs

Unit I orFF, ACI $16,800 $0 SO S16,800

Unit 2 DIFF. Acr 516.800 so $0 $16,800

.

21
Table A7 - Total MACT floor capit31 costs

~: ReVIsed Compliance Costs and EcOnOmIC 1npulS for EXlstmg HMI WI;

MACT floor capital CO~1

Unil MACT floor MACT floor MACT floor MACT floor Total MACT floor

number control cost testing eO$.1 monitOring cost capital capital cost

rccordkecping COSI

Unit I $1,136,328 $18,917 S16,800 SO SI,I72,045

Unil2 S1,074,507 $18,917 $16.800 SO $!J 10,224

Average

Cost for a SI,975,201

large

Commercial

Unit

., ..

lliili;:

14 OUI of Ihe 57 afTecled HM IWI are commercial unilS.

Table AS - MACT floor annual control costs

SQurce: ReVIsed Compliance COSls and F.conornlc Inputs lor EXlstmg HMIWI

MACT floor annual control cost

Unil DIFF ACI Increase natural gas Total floor annual

number conlrol costs

Unit I $286,708 S46,521 $24,955 $358.184

Unit 2 $271,110 S43.990 SO 5315,100

, ..

22
Table A9 - MACT floor annual testing costs

Source. RC\'Is<:d C<lmphance Costs and !.economIc Inputs for E~lsllng HMIWI

MACT noor annual testing cost (initial and tests)

Total

Initial Total MACT

MACT floor Initial Initial Total \'isible MACT floor

Unit initial stack metals No.. Inilial initial emission tloor annual

number testing testing testing SO: stack testing cost testing testing

testing testing cost cost

cost

Unit J metals, NO., $14,000 $7,000 $7,000 $] 8,667 S250 $18,917 $2()71

SOl (already

t~1cd (or

CO)

Unit 2 Metals, NO,. S14,OOO $7,000 57,000 $18,667 $250 $18,9]7 S2071

SO~

.' - ..

.tiQk:

I. Total in itial sta<;k testing cost of $28,000 \Vas adjusted by two-thirds 10 3CCount for costs comnlon to multiple tests.

2. Adjusted total initial stack testing cost unnualiZ£d over 15 )'OIl'S at 7 percent interest rate; the initial stack tests would only be

conducted once.

Table AIO - MACT floor annual monitoring cost

Sourcc, Re"I'lscd ComplIance Costs and EconomiC Inputs jor E:'(lslmg IlMIWJ

MACT floor annual monitoring cost

Total annual

Unit MACT flooring

number MACTtloor DlFF ACI monitoring Mai ntenancelinspection monitoring cost

l'l1onitoring monitoring

Unit 1 D1FF, Acr S9,000 S4,800 S900 $14,700

Unit 2 DIFF, ACI S9,000 S4,800 $900 $14.700

7

23
Table All - MACT floor annual recordkeeping and reporting cost

SOllrce. RevIsed Cornphance CUSIS lind EconomIC Inputs lor ExlSIIIlg HM fWl

MACT Ooor annual rccordkceping ~Ild reporting cost!;

Total MACT

11001' annual

Noti fication Notification of reeordkeeping

Unit Read Pcrfoml of CMS Initial Annual and reponing

number inslructions spec tcst performance demonstration test tcst cost

test report report

Unit I S44 SCi9S $87 $87 $349 SO S1,265

Unit 2 $44 5698 $87 $87 $349 SO $1.265

-. ..

Table AU - Total MACT floor annual cost

~. Rc\ )sed Cornphllnce Costs lll,d E"onoml~ Inputs for EXlsllng HMIWI

MACT floor annual costs

MACT floor MACT floor

annual testing annual MACT floor annual

Unit MACT noor annual costs (initial monitoring recordkeeping and Total MACT

number contTOI costs and testS) costs reponing costs noor annual

com

Unit 1 $358,184 $207J $14,700 SI,265 $376,220

Unit 2 $315,100 52071 $14,700 5J.265 5333,136

Average

Costs for a

Commercial ~465,461 $2,213 $9,929 $1,165 5478,767

Unit .

Nole:

1. 14 out of IIIC 57 alTcerc<l HM IWI arc commercial un its.

2. Adjusted \Olal initial silicic IL'Sting cost :lOnl.lalizoo over 15 years at 7 pl:fcenr inl~l rate; thc initial slack tCSL~ ",ould only be

conducted once.

24
Table A13 - MACT floor cost effectiveness

MACT floor activated

MACT floor pllrticulate control - PM, turbon control - Hg, Total MACT 11001' (emission control,

Pb,Cd CDD/CDF (emission control and MACT floor combustion control- CO monitoring, testing. rccordkecping and

(emission control and monitoring) 1I10nitorinll) (emission control and monitoring) reporting)

Unit average Unit average Unit average Total Unit :lvcragc

Emission cost Emission cost Emission COst emission cost

Unit Cost reduction effecti veness Cost reduction effectiveness Cost reduction effectiveness Total cost reduction effectivtness

\lumber (S!yr) (lb/yr) ($/ton) ($/YrJ (Ib/yr) (Slton) ($/vr) I1b/vr) ($/tOI1) (S/vr) (lbivr) ($/too)

Unit I 5295,708 15.6 $37,907,1 to 551,321 37.63 $2,727,712 $24,955 184 $270,1)75 S376.220 237 S3,1(i<).273

Unit 2 $280, II 0 8.99 $62,347,052 548,790 ) 1.74 $3,074,767 SO 0 - S)3),136 41 $16J61.n9

Source: t~viscd Compliollcc Costs and EconomIc Inpuls for Ex isti ng HM IWI

Note:

1. The HMIWI pollulonls wcre grouped inl(> 5 scg.m(;nLS bused on whether they are pllrticulBtcs (PM. Pb. and Cd). Qcid gases (He, Qnd SO,). reduced by activated cnrhol1 (~Jg, eDD/CDF'). st'kly

relluce<J by combu..;tion eontrol (CO), or solely reduced by SNCR (NOx). The rotll cmission conlml allll monitoring l:Usts for Cllch scgm~lIt ",as llivitlcd by the lilia' cmis.~ion !"'tJucliolllolthe

pollul1lnl(s) in that segment to d<:termioc the cost effcelivcn<::,s llf the MACT n"or,

2, The lotal MACT noor C(j~t ctR-clivcncss wos dClcrmincll by dividing Ihe 101111 compliance COSI (emission control, monitoring,tcsling, l\:Cordkccpiog, and reponillg) by the Illlol emi)~illn ncetled 10

meet Ihe 2009 MACT Iloor emissions Iim;I•.
Table A14 - Autoclave/landfill capital and annual costs

SO\l I'l-C, Revlstod Camphane<: Costs anll EconomIc Inputs tor E.~bimg HM IWI

AutoclaveJ1andfili costs

Unit nllmb~r Capi!w cost Annual cost

Unit I $493,787 $264,808

Unit 2 $486,877 5261,102

Average Cost for a Commercial Unit 5958,042 S516.703

, . ,.

Note:

14 out of rIle 57 affected HM IW I are commercial unit:!,
ILLfNorS REGISTER -'--'-----=------------

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

I) Heading ofthePart: HOSPTTAL/MEDICAUINFECTIOUS WASTE INCINERATORS

2) Code Citation: 35 illinois Administrative Code Part 229

3) Section Numbers:

229.100

229.102

229.104

229110

229.112

229115

229.116

229.120

229.125

229.126

229.130

229142

229.146

229.148

229.150

229.152

229. I54

229.156

229.158

229.160

229.162

229.166

229.168

229.180

229.182

229.184

229.APPENDIX B

229.APPENDIX C

Proposed Action:

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

repealed

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

amended

232010

4) Statutory Authority:

415lLCS 5/10,27,39 and 39.5
ILLlNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

5) A Complete Description of the Subjects and Issues Involved: Updates Part 229

HOSPITALIMEDICALIINFECTIOUS WASTE INCINERATORS (0 reflect the

issuance ofrevised New Source Performance Standards by the US EPA. New

standards begin on January 1,2014.

6) Published studies or reports, and sources of underiving data, used (0 compose this

rulemaking:

a) incorporations by reference:

1. ANSIJASME PTC19, 10-1981, Flue and Gas Analyses, [Part 10, Instruments

and Apparatus].

2. ASTM D6784-02, Standard Test Method for Elemental, Oxidized, ParticleBound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary

Sources (Ontario Hydro Method).

3) "Fabric Filter Bag Leak Detection Guidance", U,S. Environmental Protection

Agency. (EPA-454fR-98-0 IS, September 1997).

b) Standards ofPerformance for New Stationary Sources and Emission Guidelinesfor

Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule. 62 Federal

Register 48348, September 15,1997.

c) Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 1999)

d) Standards ofPerfonnance for New Stationary Sources and Emission Guidelinesfor

Existing Sources: Hospital/Medical/J/ifectious Waste Incinerators: Final Rule. 74 Federal

Register 51368, October 6, 2009,

e) Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008) (SSM Exemption), Docket 1D No.:

EPA-HQ-OAR-2006-0534

f) Thomas Holloway. January 12, 2007. MACT Pelformance DatafoJ' HMJWI Facilities

(Docket ill No.: EPA-HQ-OAR-2006-0534)

g) Thomas Holloway. July 6, 2009. Revised Compliance Costs and Economic Inputsfor

Existing I-IMIWI (Docket 10 No.: EPA-HQ-OAR-2006-0534)
ILLlNOJS REGfSTER

POLLUTrON CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

b) Medical Waste Incinerators - Background Information for Proposed Standards and

Guidelines: Control Technology Performance Repartfor New and Existing Facilities U.S.

Environmental Protection Agency. July 1994 (EPA-453/R-94-044a).

i) Medical Waste Incinerators - Background Informationfor Proposed Standards and

Guidelines: Model Plant Description and Cost Reportfor New and Existing Facilities U.S.

Environmental Protection Agency. (July 1994. EPA-4531R-94-045a).

j) Stericycle, Inc. Waste Management Plan. Submitted to lllinois EPA as an

attachment to annual performance test results.

k) Response to Information Collection Request Stericycle, Inc. December 20,

2007. Stericycle, Inc. December 20,2007 (Docket ID No.: EPA-HQ-OAR-2006-

0534)

1) Guidelines for Protecting the Safetyand Health a/Health Care. The National

Institute for Occupational Safety and Health (NrOSH). Publication No. 88-119.

September 1988.

01) Stericycle, Inc. Environmental Responsibility.

http://www.stericycle.com!medical-waste-disposal/health-safety.html

Assessed on March 10,2010.

n) Economic Impacts of Revised MACT Standards for Hospital/Medical/Infectious

Waste Incinerators. Katherine Heller, et aL July 2009. (Docket ill No.: EPA-HQOAR-2006-0534)

0) lllinois Environmental Protection Act (415 ILCS 51et seq.).

p) Clean Air Act (42 U ,S.C. 7401 et seq.).

7) Wi1l this proposed rule replace an emergency nile currently in effect? No

8) Does this rulemaking contain an automatic repeal date? Yes X No

9) Does tills proposed rule contain incorporations by reference? Yes

10) Are there any other proposed rulers) pending on this Part? No
ccILccL:..:.:..-lNOlS REG.:..:IS,-,-T.=EccR _

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11) Statement of Statewide Policy Objectives: These proposed amendments do not

create or enlarge a state mandate as defined in Section 3(b) ofthe State Mandates

Act. [30 ILCS 805/3].

12) Time, Place, and Manner in which in!~rested persons may comment on this proposed

rulemaking: The Board will accept written public comments on tbis

proposal for a period offorty-five (45) days after the date of publication in the

Illinois Register. Comments should reference Docket Rl 0- and be addressed

to:

Clerk's Office

Illinois Pollution Control Board

100 W. Randolph St., Suite 11-500

Chicago, IL 6060 I

And

Charles E. Matoesia11

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

13) Initial Regulatory Flexibility Analysis:

A) Types ofsmall businesses, small municipalities and not for profit corporations

affected: Any small businesses, small municipalities, or not for-profit

corporations tbat are subject to the HMIWI regulations could be affected by the

proposed amendment

B) Reporting, b_ookkeeping or other procedures required for compliance:

Recordkeeping and reporting changes, but no special skills required

C) Types ofProfessional skills neceSSarv for compliance: No special skills required

14) Regulatory Agenda on which this rulemaking was summari.zed:

January, 2010
ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

IS) Does this amendment require the review ofthe Procurement Policy Board as

specified in Section 5-25 ofthe Illinois Procurement Code? [30 ILCS 500/5-251

No

The fun text of the Proposed Rule(s) begins on the next page:
Agency:

Agency Analysis of Economic and

Budgetary Effects of Proposed Rulemaking

Illinois Pollution Conlml Board

PartlTille: HospitallMedicai/lnfectious Waste Incinerators (35 ]11. Adm. Code Pan 229)

minois Register Ci~tion: ~~~~

Please attempt to provide as dollar-specific responses as possible and feel fl·ee to add any relevant

explanation.

l. Anlicipated effecl on State expenditmes and revenues.

(a) Current cost to the agency for this program/activity. Approximatelv $10,000 per year.

(b) ]f this rulemaking will result in an increase or decrease in cost, specify the fiscal y= in

which this change will first occur and the dollar amount of the effect No change In State

costs are anticipated.

(c) Indicate the funding sotlree, including Fund and appropriation lines, for this

program/activity. Clean Air Act Permit Propram Fund (CAAPP)

Cd) If an increase or decrease in lhe costs of another State agency is anticipated, specify the

fiscal year in which this change will first oeem and the estimated dollar amount of the

effect. No change in State costs are anticipated.

(e) Will this ru]emaking have any effect on State revenues or expenditures not already

indicated above? No change in State revenues or expenditures are anticipated.

2. Economic effect on persons affected by the Ju1emaking:

(a) Indicate the economic effect and specify the persons affected:

Positive _ Negative L No effect

Persons affected: _1__

Dollar amount per person: approx.imatelv $700,000 per vear

Total statewide cost approximatelv $700,000 per year

(b) If an economic effect is predicted, please briefly describe how the effect wil1 occur.

Estimated increased costs to the affected company are expected due to the

instaliJItion of control equipment, testing and monitoring of emissions, and

administrative costs to maintain records to demonstrate compliance, and permitting

and reporting to the Illinois EPA. as required.

(c) Will the rulemaking have an indirect effect that may resull in increased

administrative costs? Will there be any change in requirements such as filing,
documentation, reporting or completion offorms? Estimated incre",ed

administrative costs to the affected companv are expe<:ted due to recordkeeping

requirements to demonstrate compliance, and permitting and reoorting to the

IUinois EPA, as required. Some of the administrative requirements will change as a

result of this proposal.
TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATlONARY

SOURCES

PART 229

HOSPITALfMEDICALIINFECTIOUS WASTE INCINERATORS

Section

229.100

229.102

229.104

Section

229.110

229.112

SUBPART A: GENERAL PROVISIONS

Abbreviations

Definitions

Incorporations by Reference

SUBPART B: APPLICABILITY

General Applicability

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Section

229,115

229,1l6

Section

229.120

Section

229,125

229.126

Compliance Schedules for HMIWls That Will Continue to Operate

Compliance Schedules for HMIWIs That Will Shut Down

SUBPART D: CAAPP PERMIT REQIDREMENTS

CAAPP Permit Requirements

SUBPART E: EMISSION§ LIMlTS

Emission§ Limits for Small, Medium, and Large HMIW1s

Emission§ Limits for Rural HMIWIs
Section

229130

SUBPART F:-EXCEPTIONS FROM EMISSfON LIMITS (Repealed)

Operation During Periods ofStartup, Shutdown, or Malfunction

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Section

229.142

229.144

229.146

229.148

229.150

229.152

229.154

229.156

229.158

229.160

229.162

229.164

Section

229.166

229.168

Section

229.170

229.172

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Initial Perfonnance Testing and Establishment ofOperating Parameters for All

HMrwIs

Subsequent PerfomJance Testing for AU HMIWIs

Annual Testing for Opacity

Annual Performance Testing for All Small, MeeilID'l afie Large HMIWls

Compliance with Operating Parameter Values

Compliance Requirements for HM1WIs Using CEMS

Violations by HMIWls Equipped witb a Dry Scrubber Followed by a Fabric Filter

Violations by HMIWls Equipped with a Wet Scrubber

Violations by HMIWls Equipped with a Dry Scrubber Followed by a Fabric Filter

and a Wet Scrubber

Compliance Requirements for Rural.HMIWIs

Inspection Requirements for All tffifat HMlWIs

Optional Perfonnanc·e Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for An Small, Medi~:m, aae Large HMIWls

Monitoring Requirements for Rural HMIWls

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Operator Training and Qualification Requirements

Documentation To Be Maintained On-Site for Employees Operating HMIWls

2
Sedion

229,176

229178

229,180

229,181

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Waste Management Plan Requirements for Hospitals Using On-Site Incinerators

Waste Management Plan Requirements for Hospitais Transporting Waste Off-Site

to an HMIWr

Waste Management Requirements for Commercial HMIWIs AeeeptiRg Waste

Generatea Off Site

Waste Management Plan Requirements for Other HMJWIs

SUBPART L: RECORD KEEPING AND REPORTING REQUIREMENTS

Section

229,182

229,184

Appendix A

Appendix B

Appendix C

Recordkeeping Requirements

Reporting Requirements

Toxic Equivalency (TEQ) Factors

Operating Parametens to Be Monitored and Minimum Measurement and

Recording Frequencies

Reference Test Methods and Procedures for Perfonnance Tests

AUTHORITY: Implementing Sections 10,39 and 39.5 and authorized by Section 27 ofthe

Environmental Protection Act (415 ILCS 5/10, 27, 39 and 39.5)

SOURCE: Adopted at 23 IlL Reg. 6477, effective May 15, 1999~; amended in at

______--', effective _

SUBPART A: GENERAL PROVISIONS

Section 229.100 Abbreviations

The following abbreviations have been used in tbis part:

Act

Agency

Board

Btu

CAAPP

Cd

Dlinols Environmental Protection Act [415 ILCS 5J

Illinois Environmental Protection Agency

Illinois Pollution Control Board

British thermal units

Clean Air Act Pennit Program [415 ILCS 5/39,5J

Cadmium

3
CEMS

CO

fk.ef

4sem

f!3

grnO'dscf

gril 09 dscf

cr/dscf

Hel

Hg

HMIWI

hr

Ib(s)

rngLdscm

fAtl

ngjdscm

NO,

Pb

PM

ppmv

S02

TEQ

USEPA

Continuous Emissions Monitoring System

Carbon monoxide

EWy-st~ubic foet

dry standard €llbieH:eter

ellllic feet

grains per thousand dry standard cubic feet

grains per billion dry standard cubic feet

grains per dry standard cubic foot

Hydrogen chloride

Mercury

HospitallMedicaIJInfectious Waste Incinerator

hour

pound(s)

milligranls per dry standard cubic meter

mitligRtfflS

nanograms per dry standard cubic meter

Nitrogen Oxide

Lead

Particulate matter

parts per million by volume

Sulfur dioxide

Toxic eauivalent eqwvaleney

United States Environmental Protection Agency

(Source: Amended at , effective _" -1.

Section 229.102 Defrnitions

The definitions contained in this Section apply only to the provisions oflhis Part. Unless

otherwise defined herein and unless a different meaning ofa term is clear from its context, the

definitions oftenns used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35 Ill. Adm. Code 201.102 or 35 Ill. Adm. Code 21 L

''Bag leak detcction system" means an instrument that is capable ofmonitoring PM

loadings in the exhaust of a fabric filter in order to detect bag fail ures, A bag leak

detection sYStem includes. but is not limited to, an instnunent that operates on

triboelectric, lightscattering, light-transmittance. or other effects to monitor relative PM

loadings"

"Batch HMIWf' means an HMIWI that is designed in such a way that neither waste

charging nor ash removal can occur during combustion"

4
"Biologicals" means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating

hwnans or animals or in research pertaining thereto.

"Body fluids" means liquid emanating or derived from humars and limited to: blood;

dialysate; amnjotic, cerebrospinal, synovial, pleural, peritoneal ard pericardial fluids;

semen and vaginal secretions.

"Bypass stack" means an alternative stack used for discharging combustion gases to the

atmosphere primarily to avoid severe damage to an air pollution control device or other

equipment.

"Charge" means the act of placing waste into an HMIWI for incineration.

"Chemotherapeutic waste" means waste material resulting from the production or use of

antineoplastic agents used for the purpose ofstopping or reversing the growth of

malignant cells.

"Co-fired combustor" means a unit combusting hospital waste or medjcaVinfectious

waste with other fuels or wastes (e,g., coal, municipal solid waste) and subject to an

enforceable requirement limiting the unit to combusting a fuel feed stream, ofwhich 10

percent or less of the weight is comprised, in aggregate, of hospital waste and

medicalJinfectious waste as measured on a calendar quarter basis. For purposes ofthis

definition, pathological waste, chemotherapeutic waste, and low-level radjoactive waste

are considered "other" wastes when calculating the percentage of hospital waste and

medicaVinfectious waste combusted.

"Commercial HMIWI" means a HMIWI willch offers incineration services for

hospltalJmedical/ infectious waste generated offsite by finns unrelated to the firm that

owns the HMIWI.

"Continuous errussion monitoring system" or "CEMS" means a monitoring system for

continuously measuring and recording the emissions of a pollutant from an affected

facility.

"Continuous HMIWI" means an HMlWI that is designed to allow waste charging and ash

removal during combustion.

"Dioxins/furans" means the total emissions of any tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23,

incorporated by reference in Section 229.1 04(d) oftms Subpart.

5
"Dry scrubber" means an add-on air pollution control system that injects dry alkaline

sorbem (dry injectlOn) or sprays an alkaline sorbent (spray dryer) to react with and

neutralize acid gases in an HMIWI exhaust stream, fornling a dry powder matetiaL

"Fabric filter" means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing flue gas through filter bags.

"Facilities manager" means the individrnl1 in charge ofpurchasing, maintaining, and

operating an HMIWI, or the owners or operator's representative responsible for the

management of an HMIWI. Alternative titles may include director of facilities or vice

president ofsupport services.

"High air phase" means the stage ofthe batch operating cycle when the primary chamber

reaches and maintains maximum operating temperatlL"es.

"Hospital" means any facility that has an organized medical staff, maintaining at least 6

inpatient beds and where the primary function ofthe facility is to provide diagnostic and

therapeutic patient services and continuous nursing care primarily to human inpatients

who are not related and who stay on average in excess of24 hours per admission. This

definition does not include facilities maintained for tbe sole purpose ofproviding nursing

or convalescent care to human patients who generally are not acutely ill but who require

continuing medical supervision.

"Hospital/medical/infectious waste incinerator" or "HMIWI" means any device that

combusts any amount of hospital waste or medical/infectious waste.

"Hospital waste" means discards generated at a hospital, except uoused items returned to

the manufacturer. The deflllition ofhospital waste does not include human corpses,

remains, or anatomical parts that are intended for interment or cremation.

"HMIWI operator" means any person who operates, controls, or supervises the day-to-day

operation of an HMIWI.

"Infectious agent" means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable of causing disease or

adverse health impacts in humans.

"Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not

ash removal, duriog combustion.

"Large HMIWI" means:

6
An HMIWl whose maximLUn design wasle burning capacity is more than 500 lbs

per hour; or

A continuous or intermittent HMlWI whose maximum charge rate is more than

500 lbs per hour; or

A batch HMIWI whose maximum charge rate is more than 4,000 lbs per day.

"Low-level radioactive waste" means waste that contains radioactive nuclides emitting

primarily beta or gamma radiation, or both. in concentrations or qU2lJtities that exceed

applicable Federal or State standards for unrestricted release. Low-level radioactive

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

defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2».

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, process equipment, or of a process to operate in anomIa]

or usual manner. Failures that are caused, in part, by poor maintenance or careless

operation are not malfunctions.

"Maximum charge rate" means:

For continuous and intermittent HMIWl, 110 percent ofthe lowest 3-hour average

charge rate measured during the most recent performance test demonstrating

compliallce with all applicable emission limits specified in Subpart E ofthis P3Jt.

For batch HMIWI, 110 percent ofthe lowest daily charge rate measured during

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E ofthis Part.

"Maximum design waste burning capacity" means:

For intenruttent and continuous HMIWl:

C=Pv x 15,000/8,500

Where:

C = HMIWI capacity, lb/hr

Pv = primary chamber volume, ft3

15,000 = pIimary chamber heat release rate factor, Btulft3/hr

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

For batch HMlWI:

7
Where:

C

Pv

4.5

8

C=Py x 4.518

= HMIWI capacity, lblhr

= primary chamber volume, ft3

= waste density factor, Iblft3

=typical hours of operation of a batch HMlWI, hours.

"Maximum fabric filter in let temperature" means 110 percent of tbe lowest 3-hour

average temperature at the inlet to the fabric filter (taleen, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable dioxinlfuran emission limit specified in Subpart E of this Part.

"Maximum flue gas temperature" means 110 percent ofthe 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 witb the

applicable Hg emission limit specified in Subpart E of this Part.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, Or

immunization of human beings or animals, in research pertaining thereto, or in the

production or testing of biologicals. The defmition of medical/infcctious waste does not

include hazardous waste identified or listed under the regulations in 40 CPR 261;

household waste, as defined in 40 CFR 26L4(b)(l); and domestic sewage materials

identified in 40 CFR 261.4(a)(1). For the purposes ofthis Part, medical/infections waste

includes:

Cultures and stocks ofinfectious agents and associated biologicals, including:

vaccines and cultures intended for use in diagnosing, immunizing, or treating

humans or animals; cultures ITom medical and pathological laboratories; cultures

and stocks ofinfectious agents from research and industrial laboratories; wastes

from the production of biologicals; and discarded live and attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and body

fluids that are removed during surgery or autopsy, or other medical procedures,

and specimens of body fluids and their containers;

Huma.n blood, any products derived from human blood, or anything that has been

in contact with human blood in any form;

Intravenous bags and associated tubing;

8
Sharps d1at have been llsed in animal or human patient care or treatment or in

medical, research, or industrial laboratories, including hypodcnnic needles,

syringes (with or without the attached needle), pasteur pipettes, scalpel blades,

blood vials, and needles with attached tubing;

Culture dishes, regardless 0 f the presence ofinfectious agents, and culture dishes

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

Any type of broken or 1mbroken glassware that has been in contact with infectious

agents;

Animal waste, including contaminated animal carcasses, body parts, 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;

Isolation wastes, including biological waste and discarded materials contaminated

with blood, excretions, exudates, or secretions from humans who are isolated to

protect others from highly communicable diseases, or isolated animals known to

be infected with highly communicable diseases; and

Unused sharps, including the following unused, discarded sharps: hypodennic

needles, suture needles, syringes, and scalpel blades.

"Medium HMIWI" means:

An HMlWI whose maximum design waste burning capacity is more than 200 Ibs

per hour but less than or equal to 500 .lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is more than 200 lbs per hour but less than or equal to 500 lbs per hour; or

A batch HMIWT whose maximum charge rate, as set by permit, is more than

1,600 .lbs per day but less than or equal to 4,000 ibs per day.

"Minin1um dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour

average dioxin/furan sorbent £low rate (taken, at a minimum, once every hour) measured

during the most recent performance test demonstrating compliance with the applicab.le

dioxin/furan emission limit specified in Subpart E of this Part.

"Minimum Hg sorbent flow rate" lUeans 90 percent ofthe bighest 3-hour average Hg

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

9
recent performance test demonstrating compliance with the applicable Hg emission limit

specified in Subpart E ofthis Part.

"Minimum HC1 sorben! flow rate" means 90 percent ofthe highest J-hour average HCI

sorbent flow rate (taken. at a minimum. once every hour) measured during the most

recent performance test demonstrating compliance witb the applicable HCl emission limit

specified in Subpart E ofthis Part.

"Minimwn horsepower" or "minimum amperage" meallS 90 percent ofthe highest 3-hour

average horsepower or amperage to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating c-Ompliance

with the applicable emission limits specified in Subpart E of this Part.

"Minimum pressure drop across the wet scrubber" means 90 percent of the highest J-hour

average pressure drop across the wet scrubber PM control device (taken, at a minimwn.

once evety minute) measured during the most recent performance test demonstrating

compliance with the applicable PM emission limit specified in this Subpart E of tbis Part.

"Minimum reagent flow rate" means 90 percent ofthe highest 3-hour average reagent

flow rate at the inlet to the selective noncatalvtic reduction technologv (taken. at a

minimum, once every minute) measLlTed during the most recent performance test

demonstrating compliance with the NOx emissions limit.

"Minimmll scrubber liquor flow rate" means 90 percent ofthe highest 3-hour average

liquor flow rate at the inlet to the wet scrubber (taken, at a minimwn, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable emission limits specified in Subpart E ofthis Part.

"Minimum scrubber liquor pH"" means 90 percent ofthe highest 3-hour average liquor pH

at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during

the most recent performance test demonstrating compliance witb the applicable HCl

emission limit specified in Subpart E ofthis Part.

"Minimum secondary chamber temperature" means 90 percent ofthe highest 3-hour

average secondary chamber temperature (taken, at a minimwn, once every minute)

me?SlU"ed during the most recent performance test demonstrating compliance with the

PM, CO, dioxin/furan, and NOX emissions limits.

"Miaimtlffi seeeadary chameer temjlerarnre" I'l',eaas 90 J3ereent erthe highest 3 heul'

ayerage seeendar'y' eh_eer temJ3erlHure (take"",t a minimum, eRse e',ery minnte)

measured dtlRag the mest reeent J3eHeI113aaea tast demenstratiRg eamJ3lianee wita tile

applieable PM, CO, alld EliOJ(iH/fhran aRlissiea limits spaeifiaEl in Subpart g artllis Part.

10
"Operating day" means a 24-hour period belween 12:00 midnight and the following

midnight during which any amount of hospItal waste or medicaJlinfeclions wasle is

cnmbusted at any lime in an HMlWI.

"Operation" means any period during which waste is combusted in an HMIWI, excluding

peliods ofstartup or shutdown.

"Pathological waste" means waste material consisting of only human or animal remains,

anatomical parts, tissue, and the bags or containers used to collect and transport the waste

material and associated animal bedding, if applicable.

"Primary chamber" means the chamber in an HMrwI that receives waste material, in

which the waste is ignited., and from which ash is removed.

"Rural HMIW1" means any HMIWI identified in Section 229.110(a) oftms Part, that is

located more than 50 miles from the boundary oftlle nearest Standard Metropolitan

Statistical Area, as defined in OMB Bulletin No. 93-17, incorporated by reference at

Section 229.1 04(b) ofthis Part, meets the criteria specified in the definition of "small

HMlWT' and burns less than 2,000 lbs per week of hospital waste and medical/infectious

waste (except the 2,000 Ibs per week limitation does not apply during performance

testing).

"Secondary chamber" means that component of an HMIWI that receives combustion

gases from the primary chamber and in which the combustion process is completed.

"Shutdown" means the period of time after all waste has been combusted in the primary

chamber.

"Small HMIWI" means:

An HMIWI whose maximum design waste burning capacity is less than or equal

to 200 Ibs per hour; or

A continuous or intermittent HMIWI whose maximwn charge rate, as set by

permit, is less than or equal to 200 Ibs per hour; or

A batch HMIWI, whose maximum charge rate, as set by pennit, is less than or

equal to 1,600 Ibs per day.

II
"Startup" meallS the period oftime between the activation ofan HMIWl and the first

charge of waste to the unit. For batch HMIWl, startup means the period of time beN/een

activation of an HMIWr and ignition oftl1e waste.

"Wet scrubbd' means an add-on air pollution control device that utilizes either an

alkaline or some other type ofscrubbing liquor to collect pollutants and/or neutralize acid

gases.

(Source: Amended at " effective . -').

Section 229.1 04 Incorporations by Reference

The following materials are incorporated in this Part by reference. These incorporations by

reference do not include any later amendments or editions.

a) "An Ounce ofPrevention: Waste Reduction Strategies for Health Care Facilities,"

American Society for Healthcare Environmental Services, 840 North Lakc Shore

Drive, Chicago, illinois, 60611 (1993).

b) "Revised Statistical Definitions for Metropoiitan Areas," OMB Bulletin No.

93-17, Office ofManagement and Budget, Washington, D.C. (June 30, 1993)

c) 40 CFR 60.8.

d) 40 CFR 60, Appendix A, Methods 1,2,3, 3A, 5,9,10, lOB, 23,26, 26A, 29.

e) 40 CFR 60, Appendices Band F.

f) 40 CFR Appendix A. Methods 38. 6, 6C, 7, 7E, 22 (2010).

gJ 40 CFR 60, subpart Ce and Ec (2010).

h) ANSVASME PTC19.10-1981. Flue and Gas Analyses, [part 10, Instruments and

Apparatus].

i) ASTM D6784-02, Standard Test Method for Elemental. Oxidized. Particle-Bound

and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources

(Ontario Hydro Method).

j) '~fapric Filter Bag Leak Detection Guidance", U.S. Environmental Protection

Agency. (EPA-454/R-98-0l5, September 1997).

12
(Source: Amended at ....._, effective ----~).

Section 229.110

SUBPART B: APPLICABILITY

General Applicability

a) Except as provided for in subsections Ib), Ie). Id) and Ie) ofthis Section and

Section 229.112 oflhis Subpart, this Part applies to all HMIWTs for which:

1) Construction commenced either on or before June 20,1996, or

modillcation was commenced either on or before March 16, 1998; or

2) Construction commenced either after June 20, 1996 but no later than

December I, 2008, or for which modiflcation is commenced after March

16, 1998 but no later than April 6, 20 IO.

a) This Part applies to all HMPN1s fer whieh eORsB'>letiol'l eOffimefleee either OR or

l3efore lUlle 20, 1996, exeeJ'jt as previdea fur ill subsections eel, (e), Ed) aRa (8) of

this Sectiol'l and SeetioB 229.1]? ofthis Sul3part.

b) An HMIWI otherwise subject to the emission limits in this Part is only subject to

the recordkeeping requirements set forth in Section 229. I82(b), (f) and (g) ofthis

Part during those periods when it combusts only pathological waste, low·level

radioactive waste, or chemotherapeutic waste, provided the owner or operator of

the HMIWI notifies the Agency ofits intention to operate pursuant to this

operating scenario in its CAAPP application submitted in accordance with either

Section 229.115(b)(I), Subpart D ofthis Part, or Section 39.5 of the Act.

c) An HMIWI that combusts only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in Sectiol1§. 229.182(c), (f) and (g) ofthis PaIt, provided that the owner or

operator of an HMfWI provides, by December 15, 1999, both the Agency and the

USEPA with a written certification ofits status as an HMIWI burning only the

wastes listed in this subsection.

d) A co-fired combustor is subject only to the recordkeeping requirements set forth

in Sections 229.182(d), (f) and (g) ofthis PaIt, provided that the owner or operator

ofthe combustor is subject to a pernlit condition limiting its fuel feed stream to

13
co-fired combustor status, provides, by December 15, 1999, both the Agency and

USEPA with a written certification ofits status as a co-fired combustor including

an estimate ofthe relative weight ofhospitaJ waste, medicallinfectious waste, and

other fuels and/or waste combusted at the facility.

e) Any hospital that does not operate an HMIWI but that sends any of its hospital

waste or medical/infectious waste to an off-site HMTW1 is suhject only to the

waste management plan provisions set forth at Section 229.178 ofthis Pan.

Before January L 2014, each owner or opcrator of an H:MIWI. as defined in

subsection 229.110 (a)(1) oftllis Section subject to the emissions limits under

Section 229125(a1 or Section 229. 126(a), shall comply with all the applicable

provisions ofthis Part.

On and iiller January 1. 2014. an HMIWI as defined in subsection 229.110 (a)(1)

ortnis Section is no longer subject to the emissions limits under Section

229.125(a) or Section 229. I26(a) of this Part. but is subject to the emissions limits

under Section 229.125(c) or Section 229.126(c1, and shall comply with all the

applicable provisions of this Part.

hI QD and afterJanuary 1, 2014, each owner and operator of an HMIWI as defined in

subsection 229.110 (a)(2) ofthis subpart is no longer subject to the provisions

under New Source Performance Standards for HospitalJMedical/Infectious Waste

Incinerators (40 CFR 60. Subpart Ec), but is subject to the emissions limits under

Section 229.125(e) or Section 229. 126(c), and shall comply with all the applicable

provisions ofthis Part.

(Source: Amended at -', effective -').

Section 229.112 Exemptions

Notwithstanding other provisions ofthis Part, tbe following emission units are exempt from the

requirements ofthis Part:

a) Any combustor required to have a pemlit under Section 3005 of the Solid Waste

Disposal Act, 42 U.S.c. 6925;

)4
b) Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR 60;

c) Any pyrolysis unit (i.e., a unit that uses endothemlic gasification to treat hospital

waste or medical/infectious waste in order to render such waste harntless);

d) Any cement kiln firing hospital waste or medical/infectious waste; or

e) Any HMIWI that meets the applicability provisions for Standards ofPerformance

for HospitaJlMedical/Infectious Waste Incinerators under Subpart Bc of 40 CFR

QQ

0) ilJ'l)' RMI\l,q 5HBjoet Ie lee Standards o/Per/e)'n/QI/eef:>r

~ildl/M'Cdie(JI/I"ftetieus Waste !~ei/'/e''d,tel'!! fer HqJieh G9,1S~

Gemme"lee" ,1ft-e1' June ](), ! 996, eontaillca in Sllbj'lart Ee sf 40 CPR eO.50e,

(Source: Amended at , effective -----).

Section 229.115

SUBPART C: COMPLIANCE SCHEDULES

Cnmpliance Schednles for HMIWIs That Will Continue to Operate

a) Before January l, 2014. each owner or operator of an HMIWI, as defined in

Section 229,110 (a)(1) ofthis Part subject to the emissions limits under Section

229.125(a) or Section 229.l26(a) onhis Part, shall comply with all the applicable

provisions oftms Part according to the following scbedules:

If!) Except as provided in subsection Will EB1 of this Section and unless

another date is specified in the provisions ofthis Part, all owners or

operators ofHMIWIs shall be in compliance with all of the provisions of

tbis Part by September 15, 2000.

113) Except as provided in subsection UiliIl te1 ofthis Section, the owner or

operator of an HMIW! may have up to September 15,2002, to come into

compliance with this Part. To avail themselves ofthis extended

compliance timeframe, the owner or operator of an HMIWT shall:

A+) Submit its CAAPP application to the Agency, on or before

November 15, 1999, requesting an extended compliance schedule,

pursuant to Section 39.5(5)(d) ofthe Act, [415 lLCS 5/39.5(5)(d)].

15
This compliance schednle shall include docwnentation supporting

the need for an cx tenslOn, a fmal control plan for the HMlWr and

incremental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments of progress specified in

subsection (a)(2)(B) E~ ofthis Section;

J:l.~) Meet the following increments of progress by the dates indicated:

iA) Finalize all contracts for the purchase of either pollution

control equipment, process modification or control systems

by February 29, 2000;

liB) Commence tbe implementation of either tbe process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by

November 30, 2000;

iiiG) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by August 31, 2001;

iv!) Perform initial startup ofthe retrofitted HMIWIby January

15,2002; and

ye) Complete the initial perfonnance test in accordance with

Section 229.142 of this Part within 180 days after initial

startup.

le) Any owner or operator of an HMlWI that fails to demonstrate compliance

with this Part by September 15, 2002, shall cease operation of the HMIWI

until compliance with the provisions of this Part is achieved.

1d) Notwithstanding subsection Will tb1 of this Section, all owners or

operators ofHMIWls shall be in full compliance with all of the HMIW1

operator provisions of Subpart J ofthis Part by September 15, 2000.

b) On and after January I. 2014. each owner or operator of an HMlWI, as defmed in

Section 229.110 (a)(I) or (a)(2) ofthis Part, and subject to the emissions limits

under Section 229 125(c) ofthis Part. as applicable, or Section 229. 126(c) of this

Part. shall comply with the applicable provisions of chis Part according to the

following schedules:

16
I) Except as provided in paragraph (2) of this subsection and unless another

date is specified in the provisions of this Part, all owners or operators of

HMIWls shall comely with aU ofthe provisions ofthis Part by January l,

2014.

2) Except as provided in paragraph (3) o[lhis subsection, th,c_Q\'iner or

operator of an HMIWI may have until October 6, 2014, to comply with

this Part. To avail themselves ofthis extended complian<:;e timeframe, the

owner or operator of an HMIW1 shaU do all of the foHowing:

Al Submit its CAAPP application to the Agency, on or before January

1, 2013, recuesting an extended wmpliance schedule, Ptlrsuant to

Section 39.5(5)(dl of the Act. [415 ILCS 5/395(51(d)]. This

compliance schedule shall include documentation supporting

the need for an extension, a final control plan for the HMIWI and

increlJ:l.ental steps to be taken toward compliance with this Part

that, at a minimum, meet the increments of progress specified in

subsection (b)(2)(B) of this Section;

ill...-. Meet the following increments of progress by the dates indicated:

i) Finalize all contracts for the DUTchase of either DoUution

control equipment. process modification or control systems

by July 1. 201 I;

ii) Commence the implementation of either the process

modifications or the necessary construction or installation

of air pollution control devices for the HMIWI by April 1,

2012;

iii) Complete either the process modifications or the

installation or construction ofthe new air pollution control

equipment by January 1, 2013;

iv) Perform initial startup ofthe retrofitted HMIWI'hy July l,

2013; and

v) Complete tbe initial performance test in accordance with

Section 229,142 of this Part within 180 days after initial

startup,

17
3) Any owner or operator of an HMIWI that fails to demonstrate compliance

with this Part bv October 6,2014, shall cease operation ofthe

HMIWI until compliance with the provisions ofthis Part is achieved.

4) Notwithstanding subsection (b)(2) of this Section. all owners or operators

ofHMIWTs shall be in full compliance with aU ofthe HMIWT operator

provisions of Subpart J of this Part before January 1, )014.

(Sounce: Amended at , effective __.__~_. -..J'

Section 229.116 Compliance Schedules for HMlWIs That Will Shut Down

All owners or operators of HMIWls that intend to permanently shut down their HMlW1 as a

means of complying with this Part shall:

a) Provide the Agency with written notice oftheir intention to permanently

shut down their HMIWI, as fonows:

1) On or before November 15, 1999, for an HMIWT as defined in Section

229.110 (a)(l) of this Part subject to the emissions limits under Section

229.125(a) or Section 229.126(al ofthis Part;

21 On or before January 1. 2013. for an HMlW1 as defined in Section

229.110 (a)(ll or (a)(2) ofthis Part subject to the emissions limits tmder

Section 229.125(c), as applicable, or Section 229.126(c) ofthis Part.

bl Take the following affIrmative steps to demonstrate that the HMJW1 has been

rendered permanently inoperable by September 15, 2000, for an HMJW1 as

defined in Section 229.110 (a)(l), or by January 1,2014 for an HMlW1 as defined

in Sections 229.110 (a)(]) and (al(2) ofthis Part:

a) Pre'iide the Agell0Y with "flitten netieo eftfleir iatontiofl te pomHmently soot

ae....'A their HMl'NI Df! er eotere N(wemaer 15, 1999; aRE!

b) Take tbe fellewiBg affirmative stejls te aemenslfflte that the HM1',!,q has beeH

rendered p6fffiBl'lerttl)' inoperable hy Sepiem'eer ] 5,2000:

l} Weld the primary chamber door shut;

J8
2) Dismantle the H1vIIWI; or

3) Other means tbat reasonably demonstrate thal the HMIWI is no longer

functional.

(Source: Amended at , effective -').

SUBPART D: CAAPP PERMIT REQillREMENTS

Section 229.120 CAAPP Permit Requirements

a) All HMIWls subject to the emissions limits i11 this Part shall operate pursuant to a

CAAPP permit, as follows:

]) By September 15, 2000, for an HMlWI as defined in Section

229,1 J0 (a)(1) ofthis Part;

2) By January J. 2014, for an HMIWI as defined in Section 229,110 (a)(l)

or (a)(2) ofthis Part.

b) For any HMIWI subject to the emission limits in this Part tbat is first required to

obtain a CAAPP pennit because it is subject to the emission limits in this Part. tbe

owner or operator shall submit a complete aoplication for a CAAPP permit" as

follows:

I) By September 15, 2000, except as provided for i11 Section

229.IJ 5(a)(2)(A} oftbis Part, for an HMIWI as defined in Section 229,110

(a)(I) ofthis Part;

2) Bv January J. 2014, except as provided for in Section 229.II5(b)(2)(A} of

this Part for an HMIWI as defined in Section 229.110 (a)(I) or (a)(2) of

tbis Part.

a) All HMIWls sHbjeette the _issiofls limits iF! this Part shall opDffila IHlfSl:lant to a

CA,AL12p permit by Sept_bar 15, 2000.

e) For al'ly mmVl sl:lbjeet Ie tfle effiissieF! limits il'! this Part that is first reEjHlrea te

eMail'! a CAAPP permit because it is sl:lbjeet to the emissieF! limits in this Par..,

the OWF!er or operator sball SHbmit a complete application for a (,Au"?? llermit by

Sel'lt_ber 15,2000, exeDllt as I'lrovideEl for in Seotion 239, I15(1J)(l) oetRis Pail.

19
c) Upon submittal of a timely and complete CAAPP application, the owner or operator

of an HMIWI shall not be in violation of the requirement, specified in subsection (a)

of this Section, to have a CAAPP pemlit, to the extent provided in Section

39.5(5)(h) ofthc Act [415 [LeS 5/39.5(5)(h»).

d) For any HMIWI that currently has a CAAPP permit, tbe following conditions apply:

1) lftbe CMPP penni! has 3 or more years remaining on the permit term,

tbe owner or operator 0 fan HMTWI shall apply for revision to the CAAPP

permit to incorporate the applicable requirements ofthis Part, as follows:

OR or befure !'1iJ"ember 15, 1999; or

Al On or before November 15. 1999, for an HMIWI as defined in

Section 229110 (a)(I) of chis Part,

B) On or before January I. 2013. for an HM1Wl;1S defined ill Section

229.110 (a)(I) or (a)(2) of tbis Part; or

2) Ifthe CAAPP pennit has less than 3 years remaining on the pennit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements ofthis Part, upon renewal ofthe permit.

(Souree: Amended at , effective 1.

SUBPART E: EMISSION LIMITS

Section 229.125 Emission! Limits for Small, Medium, and Large HMIWIs

fi1The emission limits in this Section shall apply at all times to HMIW1s identified in Section

229.110(a) at all times, except as provided in Section 229.11 O(b) oftbis Part, Section 229.126 of

this Subpart and SloIbllart F efthis Part.

a) Before January 1. 2014, each owner or operator ofa small, medium, or large

HMIWI as defined in Section 229.11 O(a)(l) ofthis Part, shall comply with the

fonowing emissions limits:

b) The emissiealimits €ersmall; mediHHl, aBd large HMIWls B)'e as !DHows:

HMIWI Emissions Limit~

20
Pollutant

I

Units , Small , Medium Large

I 17% oxvven drv basis) I

!

Particulate Ml1ligrams per dry standard ill _Q2 l±.

matter cubic meter [mg/d,cm) (grains (0.05) illm..l 100 IS)

I per dry standard cubic fool

(orldscfYI

Carbon Parts per million hy volume 40 40 40

monoxide Itml11v)

! Dioxin&/furans Nanograms per dry standard 125 (55) 125 ISS) l25 (55)

g!1bic meter tora] dioxins/furans or or QI

Inddscm) (grains per billion dry 2.3 nO) 2.3 CUI) 23 CLO)

standard cubic feet (gr/IO' dscOl

or Iwldscm TEO (<>TIl 0' dscfj

Hydrogen (ppmv) or percent reduction 100 or 100 or 100 Or

chloride 93% 93% 93%

Sulfur diOXide WDmy) 55 55 55

Nitrogen (ppmv) 250 250 250

oxides

Lead mg/dscm (grains per thousand 1.2 li 1.2 CO.52)

dry standard cubic feet (crILQ.:'.. 10.52) or (052) or or

qscf)) or nercC11t reduction .. 70% 70% 70%

Cadmium mgldscm (grII 0' dscO or percent 9.16 0.16 QJ.Q..

reduction 10.07) or 10.07) or 10.07) or

65% 65% 65%

mgldscm (grli 0.1 dscD or percent .

Mercury 0.55 055 Q,.ll.

reduction 10.24) or (0.24) or 10.24)or I

! 85% 85% 85%

llMIWl EMlSSION LIMITS

PalllltllBt YBit5 Small MeElillffi

(7% elCygell., dtji

00si&1

PM I mg f)ef ds€m(grei!l5 liS (0.05) 69 (0.03) 3Q(0.015) I .. n

bfl rnmw 4G 4G 4G

21
Dioxinsl Nam;groms per 125 (55) or 1125 (55) or

I

125 (55) or

FHraflS dseFfl, total 23 (1.0) i 2.3(10) 2.3 (1.0)

dio1lirls/furaas I

I ~jlor billion

. dsel), or nfll1ogroms

per asClfl TEQ

(byail'S per billion I

6seft

I HGJ ppm>,' er percont +00 or 93% 100 or 93% 100 Or 93%

I redlletion

fw, i-=. "'*"'"

- *s.G *s.G *s.G

Ph mg per dsem ~2+ 1.2 (0.52)

(grail15 per er 70% er 70% or 70%

tboHsaa6 dscl) or

G4 reg per dsem 0.16 (0.07) 0.16 (0.07) 0.16 (0.07)

I

(grains por er65% or 85% er65%

thouSaJ1d dsci) OF . .

Hg mg per dsem 0.55 (0.24) g..55 (0.24)· 0.55 (0.24)

(grains por or 85% or 85% or 85%

, thousand dseD or

! ,

b) No owner or operator of a small, medium, or large HMIWI subject to emission

limits listed under subsection (a) ofthis Section shaU cause or allow any

emissions that cause greater than 10 percent opacity, as measured on a 6-minute

block average. according to Method 9,40 CFR 60, Appendix A. incorporated by

reference in Section 229.104(dl ofthis Part, from any stack used by an HMIWI.

0) On and after January 1, 2014. each owner or operator of a small, medium, or large

HMIWI. as defined in Sections 229.11 O(a)( l) and (a)(2) ofthis Parl shall comply

with the following emissions limits. as applicable:

0) »10 owner or operator of a small, mediHm, OF large HMIWI sbaH oallSe or aUow

any emissions that eaHse greater tban 10 jlerceH! opaeity, as l'eeas\lIed on a 6

millute bloek average, aeeordiflg to Method 9, 40 CFR 60, Aj3!"efldiJ( A,

incorporated By rererenGe at See-tim: 229.104(d) of this Part, from aBy stack I:lsed

by- all HMIWI.

22
~~lluta~:- I

I HM1WI Emissions Limits !

Units Small Medium I---Large I

17% oxvven drv basis!

Particulate Milligrams per dry standard 66 (0.029\ 46 25 (0.0111

matter cubic meter fmg/dscml (gmins (0020)'

I per dly standard cubic foot J.1.

Ie;r/dscf\\ (0015)b

Curbon Parts per million by volume 20 5.5 II

monoxide (PP!lli:1

Dioxjml.f!Jrans Nanogrums.per dry standltrd 16 (7.0! or 0.85 9.3(4.1\

cubic meter total dioxins/fuTans 0.013 (0.37\ or Qr 0.054

(ng/dscm) (grains PeLbillion dry CO.00S7) 0.020 (0024)

standard cubic feet (gIilO' dscm (0.0087)

OT nl'/dscm TEO (",/10' <:tscfl

Hydrogen fumD.v.l 44' L1 6.6

chloride .it.

Sulfur dioxide !.llJl!:llYl 4.2 4.2 M

- Ni![ogen oxides (ppmv) 190 190 140

Lead mgldscm (grains per thousand 0.31 0.018 0.036

dry srandard cubic feet (gril oj CQ.J.!l (0.0079) (0.016)

dsct)j \ ----- Cadmium mgldscm (grIJO- dscO 0017 0.013 0.0092

(0.0074) fO.0057) (0.0040\

Mercury mg/dscm (gr/toJ dscD 0.014 0.025 0.018

10.OMI' 10.01]) (00079)

II Emissions lImits for HMIWfs as defined in SecI1Ql' 229.110(a)(!) of this Part.

bEmissions limits for HMlWf.s as defined in SeJ:tiao 229 11 O(a)(2) of this Part.

9) No owner or operator of a small, medium, or large HMIWI subject to emission

limits listed tmder subsection (c) ofthis St~ctiol1 shall cause or allow any

emissions that cause greater than 6 percent opacity, as measured on a 6 minute

block average, according to Method 9, 40 CFR 60, Appendix A, incorporated by

reference at Section 229.1 04(d) ofthis Part, from any stack used by an HMIWI.

e) On and after lhe date on which the initial performance test is completed or

required to be completed under Section 229.142 oftrus Part, whichever date

comes first, no owner or operator of an HMIW1, as defined in Section 229.110

(a)(!) or (a)(2) ofthis Part and subject to tbe emissions limits under subsection (e)

ofthis Section, shall cause to be discharged lnto the atmosphere visible emissions

ofcombustion ash from an ash conveying system (including conveyor transfer

23
l'QL~el1c1osures orash conveying systems, bui/dim,s, or other sources in

excess of 5 percent ofthe observation period of 9 mi!lutes per 3-hour period,

according to Method 22, 40 CFR 60, Appendix A, incorporated by reference in

Section 229,1 04(d) ofthis Part, except as provided by the following exclusions:

I) Visihle emissions discharged inside buildinQs or enclosures of ash

conveying systems;

2) During maintenance and repair of asb conveying systems,

Maintenance and/or repair shall not exceed 10 operating days per

calendar quarter unless the owner or operator of an HMIW1 makes a

request to the Agency in writing for a longer period oftime to complete

maintenance and/or repair, and the Agency approves the owner or

operator's request in writing,

(Source: Amended at ,. effective --'),

Section 229.126 Emission~ Limits For Rural HMIWIs

a1Notwlthstanding the emission,,-lirnlts set out in Section 229.125 of this Part, any rural HMIWI

shall comply with the emissioTI§ limits set out in subsection (a) or (c) fl:lj ofthis Section. The

emissioTI,,-limits under this Section shall apply at all times, except as provided for in Section

229.11O(b) and Subpart F oft!lis Part.

a) Before January 1, 2014, a rural HMIWI as defined in Section 229.11 O(a)(I), shall

comply with the foHowing emissions limits:

b) The emissioH limits for rum! HMWI1 areas foltews;

Pollutant Unit. HMIWl Emis.<i"nS Limits

(7% oxygen, dry basis)

Particulate mgldscm (grIdscfl 121

matter (0.086)

Carbon l>Pmv 40 I

monoxide

Dioxins/furans ngldscm total dioxins/furans 800 (350) or

(gr/IO· dscD orng/dscmTEQ 15 (6.61

(m'll 0' dsctl

Hydrogen lm!!lY- 3100

chloride I

24
~, .. Sulfur dIOxIde DomV 55

Nib'orren oxides llILmv 250

Lead mgldscm lQ

; (grllO) dscO (4.4)

Cadmium mg/dscm 1. ; (OT/IOJ dscfl (U)

IMercUlY mgfdscm 12

(<rr/lO'dscfl LUl

Pollutallt {)n#s EMISSION LIMITS

t"O ". .,. ,

PM ". t. .'- .... 197 (O.OS'"

GG l'll'\flW 40

Dio"inl aaaograms !leI' e5Cm lotal 800 (330) or 15 (U)

Furaas dtoxiRslftlfan5 (graia5 per

sillioR Elscl), or Aa5ogFaflTS-jlff

dscm TeQ (grair.s per sillion

I Else!)

HGI I l'll'\flW ;;.tOO

W. l'll'\flW g

Nf* l'll'\flW

flb 8115 por dscm (graiA5 per 10 (44)

tIl011Sarl6 Elsot)

G<i 0015 por dsclU (graiAs per 4-fh-+) ,.'. "...:.

fig Fag per dsCffi (grOOflS per 7.5 (3.3) .,. .

bl No owner or operator of a rural HMIWI subject to emissions limits listed under

subsection (a) ofthis Section shall cause or allow any emissions that cause greater

than 10 percent opacity. as measured on a 6-minute block average, according to

Method 9, 40 CPR Part 60. Appendix A, incorporated by reference at Section

229.104(d) ofthis Part. from any stack used by an HMTWI.

e) No OWfler or operator ora ntr~l HMIW[ 5sall calise af allo'"'.. any emissions taat

eauso greater than 10 fleroent opacity, as measa-reEl on a Ii mimito sloek average,

according la Meteos 9, 40 CPR Part 60, AppaREli!, A, ineorporateEl ey refereflce at

Sectioll 229.104(6) Of-thj5 Part, from aay staek HseEllly aH HMPNI.

25
c) On and after January 1, 2014, a nlral HMJW1, as defined in Section 229.11 O(a)(1 ),

shall comply with the following emissions limits:

Pollutant Units Emi§slons Limits

I (7% oxygen. drv basis)

Particulate mgldscm (gr/dscfl 87

m.atter I (0.038) - Carbon ppmv 20

monoxide

Dioxinslfurans ngldscm total dioxinslfurans 240 (100) or

(grll O· dscD or ng/dscm TEO 5. t 12.2\

(<ffil 0" dsc f\

Hydrogen_ Q!!!!!Y.. ill

eWoride

Sulfur dioxide ppmv 55

Nitrogen oxides npmv 130

Lead mgldscm 0.50

(lrrflO' dsefl (0.22)

Cadmium mgJdscm 0.11

(<!Til 0' dse!) ill.Qm

Mercury mgJdsem 0.0051

lor/]oj dse!) rOO022)

dl No owner or operator of a mTal HMIWI subjeCt to emissions limits listed under

subsection (c) ofthis Section shall cause or aliow any emissions that cause greater

than 6 percent opacity, as measured on a 6 minute block average, according to

Method 9, 40 CPR Part 60, Appendix A. incorporated by reference at Section

229.104(dl ofthis Part, from any stack used by an HMIWI,

e) On and after the date on which the initial performance test is completed or

required to be completed under Section 229.142 ofthis Part. whichever date

comes first, no owner or operator of a rural HMIWI, as defined in Section 229.110

(a)(I) ofthis Part, subject to the emissions limits under subsection (c) ofthis

Section. shall cause to be discharged into the atmosphere visible emissions of

combustion ash from ash conveYing system (including conveyor transfer points),

enclosures orash conveying systems, buildings, or other sources in excess of5

percent ofthe observation period of 9 minutes per 3-bour period, according to

Method 22,40 CPR 60, Appendix A. incorporated by reference at Section

229,104(dl of this Part, except as,Qrovided by the following exclusions:

I l Visible emissions discharged inside buildings or enclosures of ash

conveying systems;

26
2) During maintenance and repair of ash conveying systems.

Maintenance and/or repair shall not exceed 10 operating d?vs per

calendar quarter. unless the owner or operator of an HMIWI makes

1\.request to the Agency in writing for a longer period oftime to

complete maintenance and/or repair, and the Agency approves the

owner or operator's request in writing.

(Source: Amended at , effective ~~__~),

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS (Repealed)

Section 229,130 Operation During Periods of Startup, Shutdown, or Malfunction

(Repealed)

a) The emiss;of!limits sl300ified in SUBj'laft g of this Part do not al3pl)' to an HM1Wl

dtlFing periods ofstarmp, sa"idovm eF malfw,etion,4-f the reqwrements provided

if! SUBsoetions (13), (e) and (d) ofthis Seation aro mol,

8) 1>10 waste sfiall be cfiarged to an HMIV,rr duri.-,g periods ofs'._:13, shutdown or

ffiaJfuaetioE.

a) ne shutdovVfl efany HMP""! shall proeeea aeeOfEllng to the following

reE/lJirements:

I) Fer eOEtin\:lO\:lS HMIWIs, shutdown ma)' oommence 1'10 less than 2 ho\:l:l'S

after tile last 6fiarge to an HMPNl;

1) For intermittent HJvll\V1s, sb""taewR may eOffifflefleo flO less than 4 hours

after the last eharge to an HMIWl; and

3) FOF Batch Hl\11Vns, shutaovffl ma)' eOffifflenee flO less than 5 hours alloer

the rngh air pfiase ofeomllUstion has beell eOlfljlletea,

a) Duri..-,g periods ofmalfunetiell, tne ovmer or oflemtor of an HMI\Vlshall ao all of

the following:

I) Take all roasollaBle steps loa enS\:lre tbat an HM!""I operates within the

para£l1eters estaBlished for that HM!W! and to minimize e)(Oess emissiollS;

2) GOl1tinue-mellitoflng all 8flplical310 parareeters; afid

27
3) Take appropriato eorreoti"e ae',iOl:s prior to reSliffii!\o tAe ehargi!\g of any

v,'aste to an HMI\\q.

(Source: Repealed at~ IIl Reg.__, effective,~_~~

SUBPART H: COMPLIANCE REQUIREMENTS

Section 229.142 Initial Performance Testing and Establishment of Operating

Parameters for All HMrwls

al Before January 1, 2014, each owner or operator of an HMIWI. as defined in

Section 229.110 (a)(1) of this Part, subject to the emissions limits under Section

229 I 25(a) or Section 229.126[a) ofthis Part, shall comply with the following

requirements:

The OWl'ler or operator ofaH HMJ\!,l[ s..~eet to the OmiSSiOHS liffi:ils amlBl' tEls Part sEall eOfflply

'Nita lfie follewiHg rO(jlliremeHts:

Ill) Except as provided in Section 229.115(a)(2)(B)(v) 229 .1 15(e)(2)(E) of

this Part, conduct an initial performance test on their HMlWI by

September 15,2000;

2,h) Except as provided in subsection Will of this Section, in the initial

performance test, test for a\l pollutants limited pursuant to Subpart E of

this Part;

J,e) During the initial performance test, rural HMIWIs are not required to test

for HCI, Pb or Cd;

:!d) If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a

wet scrubber, 6f a dry scrubber followed by a fabric filter and wet

scrubber, or selective noncatalytie reduction system, establish the

appropriate maximum and minimum operating parameter values indicated

in Appendix B ofthis Part for the relevant control system during the initial

performance test, provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 ofws

Part;

i.e) !fair pollution control equipment other than a dry scrubber followed by a

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

a wet scrubber, or selective noncatalvtic reduction system is used to

comply with the emission limits under Section 229.125 ofthis Part, the

28
initial perfomlance test may not be conducted until site-specific operating

parameters tbat wiH be monitored to demonstrate compliance with this

Part have been establisbed by the Agency in a construction pemut and

approved by USEPA.

fit} For rUTIlI HMIWI, establish the maximwn charge rate and minimum

secondary c!lamber temperature as site-specific parameters during the

initial performance test, provided that the performance test demonstrates

that the HMIWI is in compliance with the emission limits specified in

Section 229.126 ofthis Part.

b) On and after January 1. 2014. each owner or opeTIltor of an HMlWI. as deffied in

Section 229.110 (a)( I) or (a)(2) of this Part and subiect to the emissions limits

under Section 229.125(c), as applicable. or Section 229. I26(c) ofthis Part shalJ

comply with the following requirements:

1) Except as provided in Section 229115(a)(2)(B)(v) ofthis Part. conduct an

initial performance test on their HMIWI by January 1. 2014;

2) Except as provided for in parawpb (b)(6) oftms subsection, in the initial

llerformance test, test for atl j)ollutants to demonstrate com?liance with

Section 229.1 25(c). or Section 229.126(c) emissions Emits. as applicable,

pursuant to Subpart E ofthis Part;

3) If an HMIWI is equipped with a dry scrubber followed by a fabric filter. a

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

or selective noncatalvtic reduction system establish the appropriate

maximum and.minimurn operating parameter values indicated in

Appendix B ofthis Part for the relevant control system during the initial

perfOl!1lance test provided that the performance test demonstrates

compliance with the emission limits specified in Section 229.125 or

229.126 ofthis Part;

4) [fan air DoUation control device other than a dry scrubber followed by a

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

weLscmbber, or selective noncatalvtic reduction sYStem is used to comply

with the emission limits under Section 229.125 or Section 229.126 of this

Part, the initial perfonuance test may not be conducted until site-specific

oper<lJing parameters that wil! be monitored to demonstrate compliance

with this Part have been established by the Agency in a construction

permit and approved by USEPA.

29
5) For a Jural rr;V£IWlthal is not equipped with an air pollution control

device, establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial

performance test, provided that the perfonnance test demonstrates that the

HMIWI is in compliance with the emission limits specified in Section

229.126Ic) ofthis Part;

6) The owner or operator of an HM [WI may use results of previous

performance testis) for initial compliance demonstration witb tbe

applicable emissions limits, provided the following conditions are met:

A) The previous emissions testis) was conducted using procedures

and test methods listed in Section 229.140 ofthis Part, or

USEPA-accepted voluntary consenSllS standards; and

B) The test results are certified as representative of current

operations:

The previous emissions testis) was conducted no earlier than

1996; and

7) The owner or operator oran HMIWl that cannot certify and or whose

previous perfoITI1ance testes) results do not demonstrate compliance with

one or more ofthe revised emission limits must conduct another

performance test for those pollutants,

8) The owner or operator of an HMIWI as defined in Section 229.11 Ola)(I)

or la)12) of this Part, and subiect to the emissions limits under Section

229. 125Ic), as applicable, or Section 229.1 26(c) ofthis Part, shall

detemline compliance with the visible emissions limit for fugitive

emissions from ash handling in Sections 229.125(g) and 229.126(e) by

conducting an initial perfoITI1ance test using Method 22, at 40 CFR 60,

Appendix A, incomorated by reference at Section 229.104(d) ofthis Part.

(Source; Amended at , effective ~).

Section 229.146 Annual Testing for Opacity

Following the date on which the initial perfonnance test is completed, as required by Section

229.] 42 of this Section, the owners or operators of all HM1Wl~ shall conduct an annual opacity

30
test, in accordance with Section 229.140 ofthis Part. The opacity test schedules ar~<l-S._[Qjlows: ,

b)' Sel"tel1',ber 15 of eacA year.

By September 15 of each year. for an HMIWI, as defined in Section 229.110

(a)(J) of 01is Part. and subject to Ole emissions limits under subsection 229.l25(a}

or subsection 229, 126(a) ofthis Part:

b) By January I of each year. for an HMlWI, as defmed in Section 229.) 10 (a)(1) or

(a)(2) ofthis Part, and subject to the emissions limits under Section 229.125(c), as.

applicable. or Section 229, 126(c) ofthis Part

(Source: Amended at , effective -')

Section 229.148 Annual Performance Testing for All Small, MediuBl ana Large

HMIWls

Following the date on which the initial performance test is completed, as required by Section

229.142 of this Part, all DWFl8rS Of Dj'lefatars efsmall, maliitlfl1, af large HMfWls each owner or

operator of an HMIWI, as applicable. shaD conduct an annual perfomlance test, by September 15

of each year to determine compliance with the applicable PM, CO and HCl emission limits

specified in Section 229.l25til1 or 229.126 ofthis Part, using the applicable test procedures and

methods specified in Section 229.140 of this Part.

a) Annual performance test schedules are as follows:

1) Before January 1. 2014. each owner or operator of a small, medillm, or large

HMIWI as defined in Section 229.110(a)(1). subj~t to the emissions limits under

Section 229, 125(a) of this Part shall complete an annual performance test by

September 15 of each year;

2) On and after January 1,2014, an owner or operator of a s.mall. rural. medium, or

large HMIWI, as defined in Section 229.110(a)(l) or (a)(2), subject to the

emissions limits under Section 229. I25(c), as applicable. or in Section

229.126(cl of this Part, shall complete an annual performance test by January 1 of

each year.

9.a) If aD 3 annual performance tests over a 3-year period indicate compliance with the

applicable emission limits for PM, CO, or Hel specified in Section 229,125(91 oftlris

Part, the owner or operator of an HMIWl may forego a performance test for that pollutant

during the next 2 years. lfthe next performance test conducted every third year indicates

CDmpliance with the emission limits for PM, CO, or HCI specified in Section 229. 125til1

31
ofthis Pari, the owner or operator of an HMIWl may forego a pelformance test for that

po]Jutant for an additional 2 years from the date of the previous performance test.

£b) lfany performance tcst indicates noncompliance with the respective emission limit, the

owner or operator of an HMIWI shall conduct a performance test for that pollutant

annua]Jy until all annual perfonnance tests over a 3-year peliod indicate compliance with

the respective emission limits.

ill. The owner or operator of an HMIWI may use any of the following types of continuous

emission monitoring systems (HeEMs") as provided in Section 229. I52 ofthis Part, to

substitute for annual performance tests and parameter monitoti.!!gJ~ul.~1]1onstrate

compliance with applicable emission limits:

1) PM CEMS: replace annual PM testing and opacity testing and monitoring of

pressure drop across the wet scrubber. if applicable:

2) CO CEMS; replace annual CO t(isting and monitoring of minimum secondarY

chamber t=peraurre:

3) HCI CEMS; replace annual HCI testing and monitoring ofminimum HC] sorbent

flow rate, and minimum scrubber liquor pH.

(Source; Amended at , effective ----~).

Section 229,150 Compliance with Operating Parameter Values

a) Following the date on which the initial performance test is completed, or is

required to be completed under as jlfevidea in Section 229.142 ofthis Subpart,

whichever date comes first FaR, an HMIWI, using a dry scrubber followed by a

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

scrubber, or a selective noncatalvtic reduction system to comply with the emission

limits ofthis Part; shall not operate above any ofthe applicable maximum or below

any ofthe applicable minimum operating parameter values specified in Appendix

B of this Part. All operating parameters shall be measured as a 3-hour rolling

average (calculated each hour as the average of the previous 3 operating hours) at

all times, s)(sej9t dHAflg p8fii)ds ofslartl±p, shBlde""I'l, ffila Fllalful'letion (ealealated

each helli' as 8 J AOlolf rolling 8'iefage oftAe Jlfe',oio!1s J oJlerating hOIff5). For batch

HMIWls, the charge rate shall be measured Oil a per batch basis.

32
L Except as provided in Section 229.164 oftrus Subpart. for an HMlWl equipped

with a selective noncatalytic reduction system, operation of the HMIWI above the

maximum charge rate, below the minimum secondary chamber temperature, and

below the minimum reagent flow rate simultaneollsly shall constltute a violation

of the NOx emissions limit.

0) For HMIWls using air pollution control equipment other tban a dry scrubber

followed by a fabric filter, a wet scrubber, erdry scrubber followed by a fabric

filter and a wet scrubber, or a selective noncatalvtic reduction system to comply

with the emission limits under Section 229.125 or Section 229.126 of tilis Part,

following the date on which the initial perfol1nance test is completed, as provided

in Section 229. 142 of this Part, an HMIWl shall not operate above any applicable

maximum or below al"ly applicable minimum operating parameter values

established in its CAAPP pennit.

ge) Operating parameter limits do not apply during perfonnance tests.

(Source: Amended at , effective -').

Section 229.152 Compliance Requirements for HMIWIs nsing CEMS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229. 125fbj or Section 229.126 oftbis Parl, if provided for in

its permit. Aft)' HMIWI that is allowea to ~se a GEMS to d<JfllOftstrato eOfllplianeo with the

omission limits of this Part shall:

ill Any HMIWl that is allowed to use a CEMS to demonstrate compliance with the

emission limits ofthis Part shall:

1a) Determine compliance with the applicable emission limits using a 12:hour

rolling average, calculated each hour as the average ofthe previous 12

operating hours; ~eluaingstartup, SflutGO""'B, OF BlalfuftetiOR; and

;1.b) Operate aU CEMS in accordance with the applicable procedures under

Appendices B and F of 40 CFR 60, incorporated by reference at Section

229. 104(e) ofthis Part.

b) In the case of CEMS for which USEPA has not published perfonnance

specifications, the option to use the CEMS takes effect on the date of publication

ofthe per[onnance specifications in the Federal Register or after site-specific

33
operating parameters used to demonstrate compliance with this Part have been

established by the Agency in a construction permit and aDproved by USEPA.

(Source: Amended at __. , effective ~)

Section 229.154 Violations by HMlWIs Equipped with a Dry Scrubber Followed by a

Fabric Filter

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric fi Iter:

a) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour roiling

average) shall be a violation ofthe CO emission limit;

b) Simultaneous operation of an HMrWI above the maximum fabric filter ir'Jet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation ofthe dioxin/furan emission limit;

c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum HCI sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe HCI emission limit;

d) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average)

shall be a violation ofthe Hg emission limit; er

e) Use of the bypass stack (eltefill Eilffing star-rul3, shutEiOWR Of ffialfuRetiefl) at any

time during operation of an HMlWl is a violation ofthe PM, dioxin/furan, HCI,

Pb, Cd and Hg emission limits;c

t) If a CO CEMS is used to determine compliance with a CO emissions limit

operation ofthe m\1IWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

g) If a bag leak detection system is used, failure to initiate corrective action within

one hour ofthe bag leak detection system alarm, or failure to operate and maintain

the fabric filter such that the alarm is not engaged for more thlln 5 percent ofthe

total operating time in a 6-month block reporting period shall be a violation ofthe

PM emissions limit;

34
h) If a_hag leak detection system is used to demonstrate compliance with the opaeity

limit, failure to initiate cOlTective action within one hour ofthe bag leak detection

system alann shall be a violation orthe opacity emissioT\? limit;

i) If a CEMS is used to detemline compliance with a PM. Hel, Pb. Cd. and/or Hg

emissions limits, operation orthe HMlWl above the applicable emissions limit as

measured by the CEMS shall be a violation orthe emissions limit;

j) If a eontinuous aptomated sampling system is used, operation ofthe HMIWI

above the dioxin/furan emissions limit as measured by the continuous antomated

sampling system shall be a violation of the dioxin/furan emissions limit; or

kl If a continuous automated sampling system is used, operation ofthe HMIWJ

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissions limit-

(Souree: Amended at ~, effeetive -..!).

Section 229.156 Violations by HMIWls Equipped with a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWJ equipped with a wet

scrubber:

a) Simultaneous operation of an HMIWJ above the maximum charge rate and below

the minimum pressure drop across the wet scrubber or below the minimum

horsepower or amperage to the system (each measured on a 3-hour rolling

average) is a violation ofthe PM emission limit;

b) Simultaneous operation of an HMIWJ above the maximwn charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) is a violation ofthe CO emission limit;

c) Simultaneous operation ofan HMlWJ above the maximwn charge rate, below the

minimum secondary chamber temperature and below the minimum serubber

liquor flow rate (each measured on a 3-hourrolling average) is a violation ofthe

dioxin/furan emission limit;

d) Simultaneous operation of an HMlWl above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HCI emission limit;

35
e) Simultaneous operation of an HMIWI above the maximum flue gas temperature

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

is a violation ofthe Hg emission limit; 6F

f) Use of the bypass stack (E\J,eejlt duFing startup, slmtElewn, er malfunetieR) at any

time during operation of an HMIWI is a violation ofthe PM, dioxin/furan, HCl,

Pb, Cd and Hg emission limits~,

gl If a CO cEMS is used to determine compliance with a CO erlllssions limit,

operation ofthe HMIWI above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

hl If a CEMS is used to determine compliance with a PM, HCI. Ph, Cd, andior Hg

emissions limit, operation ofthe HMIWI above the applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit;

i) If a continuous automated sampling system is used. operation ofthe HMIWI

!!b9Ve the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation of tile dioxin/furan emissions limit; or

j} If a continuous automated sampling system is used, operation ofthe HMIWI

above the Hg emissions limit as measured by the continuous automated sampling

system shall be a violation ofthe Hg emissiom limit.

(Source: Amended at -', effective ).

Section 229.158 Violations by HMIWIs Equipped witb a Dry Scrubber Followed by a

Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 ofthis Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

a) Simultaneous operation of an HMIWI above the maximwn charge rate and below

the minimum secondary chamber temperature (each measured on a 3-hour rolling

average) is a violation ofthe CO emission limit;

b) Simultaneous operation of an HMIWI above the maximwn fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (eacb measured on a 3-hour rolling average) is a

violation ofthe dioxin/furan emission limit;

36
c) Simultaneous operation of an HMIWI above the maximum charge rate and below

the minimum scrubber liquor pH (each measured on a 3-hour rolling average) is a

violation ofthe HC] emission limit;

d) Simultaneous operation of an HMIWJ above the maximum charge rate and below

tbe minimum Hg sorbent flow rate (each measured on a 3-bour rolling average) is

a violation oftbe Hg emission limit;

'*

e) Use oftbe bypass stack (Sl[6Bjlt during starttljr,shutdowfI, or malf1±rl6tion) at any

time during"QIleration of an HMIWl is a violation of the PM, dioxinJfuran, HCI,

Pb, Cd and Hg emission limits;,

f) IfCO CEMS is used to detennine comoliance with a CO emissions limit,

operation ofthe HMrwl above the CO emissions limit as measured by the CO

CEMS shall be a violation ofthe emissions limit;

g) If a bagJeak detection system is used, failure to initiate corrective action witbin

one hour ofthe bag leak detection system alarm, or failure to operate and maintain

the fabric filter such that the alarm is not engaged for more than 5 percent ofthe

total operating time in a 6-month block reporting period shall be a violation of the

PM emissions limit;

h) If a bag leak detection system is used to demonstrate compliance with the opacity

limit, failure to initiate corrective action within one hour of tbe bag leak detection

system alarm shall be a violation ofthe opacitv emissions limit;

i) IfCEMS is used to determine compliance with a PM, HCL Pb. edLand/or Hg

emissions limit. operation ofthe HMrwI above tbe applicable emissions limit as

measured by the CEMS shall be a violation of the emissions limit;

j) If a continuous automated sampling system is used, operation ofthe HMrwI

above the dioxin/furan emissions limit as measured by the continuous automated

sampling system shall be a violation ofthe dioxin/fman emissions limit: or

k) If a continuous automated sampling system is used, operation oftbe l{Mrwl

above the Hg emissions "limit as measured by the continuous automated sampling

system shall be a violation oftbe Hg emissions limit.

(Source: Amended at _____, effective ~).

37
Section 229.160 Compliance Requirements for Rural HMlWls

a) Prior to January 1, 2014, the requirements set forth in subsections Ic) through (e)

ofthis section sball apply to all rural HMlWls subject to the emissions limits

under Sectigl) 229.126 of this Part.

b) On and afterJannary 1,2014, the requirements set forth in subsections Ie) through

Ie) ofthis section shall apply to all rural HMIWls that are not equipped with an air

pollution control device and that are subject to tbe emissions limits under Section

229.126 ofthis Part.

"a) Following the date on which the initial perfonnance test is completed or is

required to be completed under Section 229.142 ofthis Subpart, whichever date

comes first, the owners or operators ofa rural HMJWI shall not operate their

HMIWI either above the maximum charge rate or below the minimum secondary

cha.rnber temperature measured as 3-hour rolling averages at aU tiffies, eJ(eept

&driRg jleriaes af staffiljl at sffi!tea'.vR (calculated each hour as the average ofthe

previous a 3 flOW' rolling avarage aftne previous 3 operating hours) at aU times.

Operating parameter limits do not apply during performance tests.

dl Operation above the maximum charge rate or below tile minimum secondary

chamber temperature detennined during the initial performance test shall

constitute a violation ofthe estahlished operating paranJeter(s).

gb) Except as provided in Section 229.164 ofthis Subpart, the simultaneous operation

of a rural HMTWr above the maximum charge rate and below the minimum

secondary chamber temperature (calculated as a 3-hour rolling average) shaH

constitute a violation ofthe PM, CO and dioxinJfuran emission limits.

(Source: Amended at , effective -').

Section 229.162 Inspection Requirements for All HMIWls

a) Before JanuaryJ, 2014, each owner or operator of a rural HMIWr subject to the

emission limits under Section 229.126 ofthis Part shall inspect the HMIWI

according to the following schedule:

"Ilea BWfler Bf e~eratar of a ffil'al 111'141\111 sflaJI iRspeet the HMIWr aeeonling to

tfle follov,'iag seflee~je:

I) An initial inspection shall be conducted by September 15, 2000; and

38
2) An annual inspection shall be conducted by September 150 f each year

thereafter.

b) Each f!L\lipment inspection shall be conducted to ensure the proper operation of

th~HMIWI and, at a minimum, shall consist oftile following steps:

I) An inspection of all bLm1ers, pilot assemblies, and pilot sensing devices,

cleaning tile pilot flame sensor, as necessary;

2) An inspection of the primary and secondary chamber combustion air flow,

adjusting, as necessary;

3) An inspection ofthe hinges and door latches, lubricating, as necessary;

4) An inspection of dampers, fans, and blowers;

5) An inspection ofthe HMIW1 door and door gaskets;

6) An inspection of all HMIWI motors;

7) An inspection of the primary chamber refractory lining, cleaning, repairing

or replacing the lining, as necessary;

8) An inspection ofthe incinerator shell for corrosion or hot spots;

9) An inspection ofthe secondarylrertiary chamber and stack, cleaning as

necessary;

10) Where applicable, an inspection ofthe mechanical loader, including limit

switches;

11) A visual inspection ofthe waste bed (grates), repairing or sealing, as

necessary;

12) Where applicable, an inspection of air pollution control devices to ensure

their proper operation;

13) Where applicable, an inspection ofthe waste heat boiler systems;

14) An inspection of all bypass stack components;

39
J5) Calibration of thennocouples, sorbent feed systems and monitoring

equipment; and

16) A generdl inspection of all equipment to ensure that it is maintained in

good operating condition.

c) The owner or operator of an a Flffil1 HMIWI sfLall document that, during the hum

cycle inunediately followmg the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

d) All maintenance, adjustments, or repairs identified during the equipment

inspection required under this Section shall be completed within 10 days after the

inspection. The owner or operator of an HMIW1 may have a longer period oftime

in which to complete any repairs identified as a result of the inspection required

by this Section, provided that it makes this request to tbe Agency in writing, and

the Agency approves the owner or operator of an HMIWI's request in writing.

e) On and after January 1, 2014, the owner or operator of a small, rural, medium.

or large HMIWI subject to the emission limits under Section 229.125(cl. as

applicable. or Section 229.126 ofthis Part, shall inspect tbe HMIWI as

outlined in subsection (b) ofthis Section, according to the following schedule'.

1) An initial equipment inspection shall be conducted by January 1, 2014;

;md

2) An annual equipment inspection shall be conducted by January 1 of each

year thereafter.

fl On and after January J, 2014, the owner or operator of an HMIW1 subject to the

emission limits under Section 229.J25(C), as applicable. or Section 229.J26(c) of

this Part, shall inspect the air pollution control device(s), according to the

following schedule:

1I An initial air pollution control device inspection shall be conducted by

January 1, 2014; anti

£l.- An annual air ponution control device inspection shall be conducted by

January 1 of each year thereafter.

g) Each air pollution control device insnection. as applicable. shall be conducted to

ensure the proper operation of tbe device and.. at a minimum, shall consist oftbe

following stens;

40
.!.L.- Where applicable, an inspection oftbe thelmocouples, sorbent feed

svstems, and any other monitoring equipment, adjusting applicable

calibrahon(s), as necessary; and

2) A general inspectiol1 of the equipment to ensure that it is maintained in

good operating condition.

h) All maintenance, adjustments, or repairs identified during an air pollution control

device inspection required under this Section shall be completed within 10 days

after the inspection. The owner or operator of an HMIWI may have a longer

period of time in which to complete any repairs identiJied as a result ofthe

inspection reqnired by this Section, provided that it makes this request to the

Agency in writing, and the Agency approves the request in writing.

(Source: Amended at _ __' effective -J)

Section 229.166

SUBPART I: MONITORING REQUIREMENTS

Monitoring Requirements for All Smllll, l\l€E1iuffi,liBEl Large

HMIWIs

a) Each owner or operator of an HMIWI subject to the emission limits under Section

229.125(c), as applicable. or Section 229. 126(c) ofthis Part, shall comply with

requirements ofthis Section according to the tbllowing schedule:

]) Before January I, 2014, for a small. medium or large HM1W!;

2) On and after January I, 2014. for a small. medium or large HMIWI, and

a rural HMIVv'I that is equipped with an air pollution control device(s).

12&) Once the initial performance test required by Section 229.142 ofthis Part has been

perfonned, and the site-specific minimum and maximum operating parameter

values have been established, the owner or operator of an a small, meEliam ar

fflFge HMIWl, as applicable, shall continuously monitor those parameters.

!i.e) The owner or operator of an a small, ll'leaiHRl ar large HMJW1, as appJic.able,

shall comply with the following monitoring requirements:

41
I) Install, calibrate according to manufacturer's specifications, maintain, and

operate devices Or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B of

this Part (lmless CEMS are used as a substirute for certain parameters as

specified) such that tbese devices or metbods measure and record values

for these operating parameters at the frequencies indicated in Appendix B

oftbis Part at all times, eneeflt dwiag peneds efstal1up and Sfl'.ltaeV,q:;

2) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device or establish a method for identifying the use ofthe bypass

stack, including date, time, and duration ofuse;

3) 1fcontrol equipment 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, or a selective noncatalytic reduction system is used to comply

with the applicable emission limits lmder Section 229.125(c) 229.PSfa)L

as applicable, or Section 229. I 26(c) ofthis Part, install, calibrate

according to manufacturer's specifications, maintain, and operate the

equipment necessary to monitor the site-specific operating parameters

developed and approved pursuant to Section 229.142(a)(5) or (b)(5)

Seeti81: 229.142 (e) offuis Part; and

4) Record monitoring data at an times during HMIWI operation, except

during the periods ofmonitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data sball be recorded for 75

percent ofthe operating hours per day 004 for 90 percent ofthe operating

days per calendar quarter that an HM1WI is comhusting hospital waste or

medicalJinfectious waste,

d) If an HMlWI is equipped with an air pollution control device that includes a

fahric filter and a PM CEMS is not used to demonstrate compliance. the owner or

operator ofthe HM1WI may use a bag leak detection system to determine

compliance with the PM emissions limit. The owner or operator sball meet the

fonowing requirements for each bag leak detection system installed:

1) Each triboelectric bag leak detection system may be installed, calibrated,

operated, and maintained according to the "Fabric Filter Bag Leak

Detection Guidance," as incorporated by reference in Section 229.104;

2) The bag leak detection system shall be certified by the manufacturer as

being capable of detecting PM emissions at concentrations of 10

42
milligrams per actLInl cubic meter (00044 grains per actual cubic foot) or

less;

1l-. The bag leak detection system sensor shall prgvide an output ofrelative

PM loadings;

4) The bag leak detection system shall be equipped with a device to

continuouslv record the output Sih'TIal from the sensor;

5) The bag leak detection system shall be equipped with an alldible alarm

system that sounds automatically when an increase in relative PM

emissions over a preset level is detected. The alarm shall be located

wllere it is easily heard by plan1 operating personnel;

6) For positive pressure fabric filter systems, a bag leak detector shall be

installed in each baghouse compartment or cell;

7) For negative pressure or induced air fabric mters. a bag Ieilk detector

shall be installed downstream ofthe fabric filter;

8) If multiple bag leak deteC10rs are required, the bag leak detection

system's instrumentation and a1am) may b·e shared among detectors;

9) The baseline output shall be established by adjusting the range and the

averaging period ofthe device and establishing the alarm set points and

the alam! delay time according to section 5.0 ofthe "Fabric Filter Bag

Leak Detection Guidance." as incorporated by reference in Section

229.104;

10) Following initial adjustment ofthe system, the sensitivity or range,

averaging period, alarm set points, or alarm delay time may not be

adjusted. Increasing the sensitivity by more than 100 percent or

decreasing by more than 50 percent over a 365-day period is a violation,

unless such adjustment follows a complete fabric filter inspection that

demonstrates that the fabric filter is in good operating condition, Each

adj ustment shall be recorded:

11) Maintain records ofthe results of each inspection, calibration, and

validation check: and

12) The fabric fl1ter must be operated and maintained such that the bag leak

detection system alarm is not engaged for more than 5 percent ofthe total

43
operating time in a 6~mon1J1 block reporting period; however, corrective

action must he initiated within I hOUT ofthe alarm.

Section 229.168 Monitoring Requirements for Rural HMlWIs

a) Egch owner or operator of a rural HMTWT subject to the emission limits llDder

Section 229.126 oft11is Part shall comply with requirements ofws Section

according to the following schedule:

1) Before January 1, 2014, for a rural HMIWI;

2) On and after January 1,2014, for a rural HMIWl that is not equipped_with

an air pollution control device(s).

b) The owner or operator of each rural HMlWI shall comply with the following

monitoring requirements:

la) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device measuring and recording the temperature ofthe secondary

chamher on a continuous basis, the output of which shall be recorded, at a

minimum, once every minute of operation;

209) Install, calibrate according to manufacturer's specifications, maintain, and

operate a device that automatically measures and records the date, time,

and weight of each charge fed into an HMlWI; and

le) Record monitoring data at all times during HMIWI operation, except

during periods ofmonitoring equipment malfunction, calibration, Or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent ofthe operating hours per day ana for 90 percent of the operating

hours per calendar quarter that an HMTWI is combusting hospital waste or

medicalliJ'.fectious waste.

(Source: Amended at , effective ).

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

44
SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.180 Waste Management Requirements for Commercial HMIWls

Accepting \l/aste Celierated Off Site

a) The owner or operator of any commercial HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

I) Provide hospital, medical or infectious waste customers with written

information at least once a year concerning the availahility of waste

management practices for reducing the volume and toxicity of waste to be

incinerated; an4

2) Conduct training and education programs in waste segregation for each of

the company's waste generator customers;

3} Ensure that each waste generator customer prepares its own wastc

management plan that includes, at a minimum, the folJowingelements:

A) Segregation ofrecyclable wastes such as paper products, glass,

batteries and ill etal§.;

B) Segregation of non-recyclable wastes such as polYVinyl chloride

plastics, pharmaceutical waste, and mercury-containing waste;

and

Purchasing recycled or recyclable products.

9) Submit a waste management plan to the Agency, in accordance with

Section 229, I84(b) ofthis Part, that outlines the efforts that will be

undertaken to implement the requirements clistribute infenl'lation as

specified in subsection§ (a}(l} through (a)(3) ofthis Section. lirHI identifies

the iflfolTl1atj(}[l that will be distcibHte!l.

b) Paper or electronic copies ofthe materials disseminated under this Section shall

be made available to the Agency upon written request.

(Source: Amended at ---' effective ~),

SUBPART L:RECORDKEEPING AND REPORTING REQUIREMENTS

45
Section 229.182 Recordkeeping Requirements

a) The owner or operator of an HMIWr subject to the emission limits under Subpart

E of this Part shall maintain records ofthe following information:

1) The calendar dale of each record;

2) The following data, where applicable:

A) Concentrations of all applicable pollutants listed in Section

£29J25 (a), Ic), or in Section 229.126 (a) or (cl ofthis Part (as

determined bv the CEMS, if applicable\. and any measurements of

opacity as required under Section 229.125(b), (d). or (i) or Section

229.126(b) or (d);

CORcentratioRS of all ajljlliea131e l'ollulants listea in Section

229.125('e) or 229. 126('e) of this Part (as detefffiined tl)' lhe GEMS,

if.apfllieallle) and aR)' IfleaSH'Feffients of opacity as required I±flGer

Seetio1l229.125(c) or 129.126(e);

B) HMIWJ charge dates, times and weights, and hourly charge rates;

C) [f a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

D) The amount and type of dioxin/furan sorbent used during each bour

of operation;

E) The amount and type ofHg sorbent used during each hour of

operation;

F) The amount and type of HCI sorbent used during each hour of

operation;

G) If a selective noncataJytic reduction system is used to comply, the

amount and type ofN0J> reagent used during each hour of

operation;

H) If a selective noncatalvtic reduction system is used to comply, the

minimum secondary chamber temperature recorded during each

minute of operation;

46
lG) The secondary chamber temperatures recorded during each minute

of operation;

LH) The liquor flow rate to the wet scrubber inlet dwing each minute of

operation;

Kl) The horsepower or amperage to the wet scrubber during each

minute of operation;

kJ) Any presstrre drop across the wet scrubber system during each

minute of operation;

MK) The temperature at the outlet from the wet scmbber during each

minute of operation;

Nob) The pH at the inlet to the wet scrubber during each minute of

operation;

OM) Identification of any use of the bypass stack, including dales, times,

and the duration ofsuch use; and

EN) For sources complying with Section 229.1661£} 8'8(3) ofthis Part,

all operating parameter data collected monitored;

Q) Ira.bag leak detection system is used, maintain records ofthe

system alarm. the time ofthe alarm, the time corrective action was

initiated and completed, and a brief description ofthe cause of the

alarm and the corrective action taken, as applicable.

3) Identification of any calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2) ofthis Section have

not been obtained, with an identification ofthe emission rates or operating

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

of the corrective actions taken;

4) Identification of any malfunctions, including the calendar date, the time

and duration, and a description of the malfimction and ofthe corrective

action taken to remedy it;

5) Identification of calendar days for which data on emission rates or

operating parameters specified tlllder subsection (a)(2) ofthis Section

47
exceeded the applicable limits, with a descliptlOn ofthe exceedences.

reasons for such exceedences, and a description of the corrective actions

taken;

6) The results of the initial. aIlliual, aIld any other sLlbsegllent performaI1Ce

tests conducted to detennine compliance with tbe applicable emissions

limits and/or to establish or re-establish operating parameters. as

applicable, and a description. including sample calculations, of how the

operating parameters were established or re-established, if applicable;

7) Records of calibration of any monitoring devices as required under

Sections 229 166illEl31(1), (2) and (3) and 229.168~{l) and (2) ofthis

Part; and

8) Identification ofthe names of all HMlWI operators who have met the

criteria for qualification under Section 229.170 ofthis Part, including:

A) Documentation of training and the dates of the training; and

B) Tbe date ofthe initial review and all subsequent annual reviews of

the information specified in Section 229.1 72(a) of this Part, as

required by Section 229.1 72{b) ofthis Part.

b) The owner or operator of an HMIWI claiming an exemption from the emission

limits in this Part pursuant to Section 229.110(b) oithis Part shall keep

contemporaneous records identifying each period oftime when only pathological

waste, low-level radioactive waste, or chemotherapeutic waste is burned,

including the calendar date and duration ofsuch periods.

c) The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.110(c) ofthis Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is bwned.

d) The owner or operator of a co-fired combustor claiming an exen1ption from the

emissiotllimits under Section 229.110{d) of this Part shall maintain records on a

calendar quarter basis ofthe relative weight of hospital waste and/or

medical/infectiolls waste, and of all other fuels or waste combusted.

e) The owner or operator of each HMIWI subject to the emission limits under

Section ?29.125Ccl, or Section 229.126 ofthis PaIt. shall maintain records ofthe

annual eqtupment insnection required under Section 229.162 ofthis Part;

48
oj The owner or operator of eash Rlral IfMI\\q sHall mailltaill reooras of tho aAfiHal

e~tli/lmel:t iAs/lestians .-eqHH-ecl Linder Seetioll 229, IG2 0fthis Part, all)' reqffifedmainteFl811co, and all)' FCflairs not completed witMin 10 days after an illspeclion or

the time frame astablished by tMe AgeHC)',

o The owner or operator of each HMIWI subject to the emission Iimits under

Section 229, 125(c), or 229.126(c) of this Part, shall maintain records ofthe annual

air pollution control device inspection required under Section 229.162 ofthis Part;

&L.- If a bag leak detection system is used, the owner or operator shall maintain

records ofthe system alarm. the time ofthe alarm, the time corrective action was

initiated and completed, a brief description ofthe cause ofthe alann and tbe

corrective action taken, as applicable;

h) The owner or operator of each HMIWI , where applicable. shall maintain records

of any required maintenance. adjustments, orrepairs identified during an

inspection required under Section 229,162 ofthis Part not completed within 10

days after the insnection or the timeframe approved in writing by the Agency"

if) All records required under this Section shan be maintained onsite for a period of 5

years, in either paper copy or electronic format, tmless an alternative format has

been approved by the Agency in a permit condition.

jg) All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

(Somce: Amended at -', effective "",)).

Section 229.184 Reporting Reqnirements

a) The facilities manager and the responsible official for the affected source shall

certify each report required under this Section.

b) The owner or operator of an HMIWI shall submit to the Agency the results of any

performance test conducted on the HMIWI within 60 days after conducting the

performance test. The information submitted with the initial performance test

required by Section 229.142 ofthis Part shall include:

I) Before January 1,2014. the test data and values for the site-specific

operating parameters established pursuant to Section 229. 142(a)(4), (5) or

49
(6), as aoplicable, and a description, including sample calculations, of how

the operating parameters were established during the initial perfamlance

test far an HMIWI subject to the emissions limits under Section

229.125ia) or 229,126(a) ofthis Part.

The test data am! val\les fsr tHe site specific speratiag paramet-ers

establisHed fer an HMIWT PIffSl±aJlt to eithor Seetisa 229.142(d), (8) er (f)

efthis Part, as applioable; a.rn1

2) On and after January 1, 2014, the test data and values for the site-specific

operating parameters established pursuant to Section 229.J42(b)(3), (4) or

(5), as applicable, and a description, including sample calculations, of bow

the operating parameters were established during the initial performance

test for an HMIWl subject to the emissions limits under Section

229.125Ic), or Section 2291 26(c) ofthis Part;

II If a bag leak detection system is used, analysis and supporting

docmnentatian demonstrating confonnance with guidance and

specifications for bag le;lk detection systems in Section 229.l66(d)(l);

±J) A copy ofthe waste management plan requjred under Subpart K ofWs

Part,

c) All owners or operators of H.MlWIs shall submit the information specified under

this subsection Ic) to the Agency, as follows:

All swaers sr ejloFatsf5 ofmffiV1s shall sa6ffiit tHe inrormatioa sjleeified aader

this SIoI6seolion (e) te the Ageney by September 15, 200J ar.d by September 15 ef

eas}, year thereafter. Gaee an mffiV1 is issHed a C,V\PP permit. the eWfler or

operator of aa HMPln shall sl±bmit tHese rejlorts semi Ofla\lally, ia aeeordaace

Wilh sIoI6seetion (d) oftHis Seeliol?). The aaalial roport shaH iaelude the foHowing

fflreIDlation:

1) By September 15, 2001. and by September 15 of each year thereafter, for

an HMIWl subject to the emissions limits under Section 229. 125(a) or

229.1 26(a) ofthis Part;

2) By January 1, 2014, and by January 1 of each year thereafter, for an

HMIWI subject to the emissions limits under Section 229. 125Ic), or

Section 229.126(c) onhis Part; and

50
3) The aJIDllal report required under subsection (c)(]) or (2) ofthis

subsection shaH include the following information:

D)

Before January 1. 2014, the values for site-specific

operating parameters established pursuant to Section

229. 142(a)(4), (5) or (6) oftffis Pan, as applicable;

On and after JanuaJy I.o.1P14, the values for site-specific

operating parameters established ow-suant to Section

229. 142(b)(3), (4) or (5) oftrus Part, as applicable;

The highest maximum operating parameter and the lowest

minimum operating parameter, as applicable, for each

operating parameter, recorded for the calendar year being

reported pursuant to Section 229. 142(a)(4), (5) or (6), or

Section 229.142(b)(3), (4) or (5) oitrus Part, as applicable;

ailE! for tile ealenE!ar year preoeE!i"g tile year beffig

reparteE!;

The highest maximum operating parameter and the lowest

minimum operating parameter, as awlicable, for each

operating parameter recorded pursuant to Section

229.142(a)(4), (5) or (6), or Section 229. 142(b)(3), (4) or

(5), ofthis Part, as applicable. for the calendar year

preceding the year being reported, in order to provide the

Agency \\Iith a summary ofthe performance ofthe affected

facility over 2-year period;

Any information rccorded pursuant to Section

229.182(a)(3) through (5) ofthis Subpart for the calendar

year being reported and for the calendar year preceding the

year being reported;

Ifno exceedences or malfunctions were recorded under

Section 229. 182(a)(3) through (a)(5) of this Subpart for the

calendar year being reported, a statement that no

exceedences occurred during the reporting period; and

Any use ofthe bypass stack, the duration ofuse, the reason

for maffunction, and the corrective actions taken.

51
d) Once an HMIWI is issued a CAAPP permit, the owner or operator of the HMIWI

shall submit the reports required under subsection (c) of this Section sellliannually, The semiannual reports must be submitted within 60 days following the

end ofthe reporting period, The first semiannual repQrting period ends on June

30 of each year and the second semiannual reporting period ends on December 31

Q.fea<::h year,

Qrw<;-the owner or operator of a£l }iMP",r is re<l;lii:rea to slibA'lit semiaFHllia!

reports, these fe~ort6 mlist be sllbmilled '",ithin 60 days fullowing the oAd ofilie

reporting period, The first semiar,,"-,lial reperting period eRds on March 1) ofeaell

)'ear a£le the seeond seElilIDfl>lal rejlorting periee enes on SejlleffiSef j) ofeaeh

e) The owner or operator of each rural HMIWI sltbject to the emission limits under

Section 229.126(b) ofthis Part, shall submit an annual report containing all

information listed in subsections (b) and (c) oftrus Section by no later than 60

days following the year in which the data was collected. Subsequent reports shall

be sent no later than 12 calendar months .following the previous report. Once the

unit is subject to permitting requirements under the CAAPP, the owner or

operator shall submit these reports semiannually in accordance with the schedule

specifled in subsection (d) ofthis Section.

(Source: Amended at , effective ~).

Section 229.APPENDIX B

and Recording Freguenci es.

parameter is regujred.

Operating Parameters to be Monitored and Minimum Measurement

An "x" in any box in this matrix means that measurement ofiliat

MINIMUM FREOUENCY CONTROL SYSTEM

Operating Dnta Data Dr" Wet Drv ScrUbber Selective

Parameters M'easurcment Recording Scrubber Scrubber Followed bv Noncatalytic

Followed bv Fabric Filter Reduction

I Fabric Filter and Wct System

Scrubber

Maximum Continuous Once per X K X X

Char"e RateI hour

Maximum Continuous Once per X K

Fabric Filter minute

Inlet

Temnernrure

Maximum Continuous Once per X X

Flue Gas. minute

52
, -"~,,-,,

Temocrature I

I Mirrimum

..._-------,.,...

I Conhnuous Once p~ K K X X

Secondary minute i

Chamber I

Temnerature

Minimum Hourly Once per K

I

X

I DioxinlFur3o hour

Sorbent

Flow futte

I Minltnllm Hourly Once per K X

Hel Sorbent hour

Flowfutte

Minimum Hourly Once oer X

Reagent hour

FlowJ{at"

Minimum Hourly Once per X X

Hg Sorbent I bour

Flow Rote

Minimum Continuous Once per X X

Pressure minute

Drop Across

the Wet

ScruQ.~Lor

Minimum

Horsepower

or Amperage

to Wet

Scrubber

Minimum Continuous Once per X X

Scrubber bour

Liquor Flow

Rate

Minimum Continuous Once per X X

Scrubber hom

Lionor nH

For balch HMIW!.s.. record the charge per batcb.

~ratiRg Pararn.SlefS te be MeRitereEl aBEl MillimHB1 Measuremeat aml Reeenlillg FreEjueFi£ies.

A-, "3t Hin any belt ill this matn" meaRS iliat ffieaSll£ement ef treat J9ararBeter is reqtt.ired.

MINIMUM FREQUENCY

53

CONTROL 8Y8T~~~
OperatiBg Data Meas IHHa- IlTy- !

Wet- Dry Scrubber I

Parameters uremeBt ReeordiBg SeFubber SHubber Followed by

I Followea by Fabrie Filter aRd

Fabrie Filter Wet Scrubber ,

Mil3(iffiHfl1+- Conti'YdeUS Oaee per X X ~, ,., IX 00lif

ManiI'll tH'E CentiBuells ORce per X X

Fabric fi\ter !\'liallte

I ffiI.etTemperatllre

MaxifBllrB GeBtinHOHS Oaee per

IX

X

flue gas i miHllfe

MiniBlllrB GeHlullleus OBee per X X X

seeooda.ry- !\'litmte

et;~er

MiniffiHffi Hom~ Onee peF- X X

Dio)cinl hei±F I l"lliaHSoff>effi.-

Flew Rate

Minirnliffi Hourly Oaee per X X

HCI SorbeRt 00lif

Fie",,' Rate

Minimliffi Hourly OBee per :x :x

Hg Sorbeat 00lif -

Flow Rate

MinirntH'E Goati!ltlOIlS Onee per :x :x

Pres&ure mlRllte

Drop Aero$

tile Wet

Scrubber ef

MlliimllfB

Hersepe'l'o'er

orAmperage

to Wet

Serubber

54
I Mi FiiffUlffi ConlimlOus Of1c~pe;~ .}f ;.;: I

I Scrubber I ffilnll!e I

Liij cer Pi ow

Rale

Miml1'HlHl Geffi~ Once !ler Xc Xc

Scrubber

I

minute r . .U

'Fer batch HMPNls, feeerd the eharge per bateh.

(Source: Amended at _. ...-.Yeffective . --.-J

PART 229.APPENDIX C Reference Test Methods and Procedures for Performance Tests.

The following test methods and procedures shall be used as specified in Section 229.140(e) of

this Part, when conducting any perfoffilance test for the purpose of demonstrating compliance

with the emission limits established Lmder this Part.

a) All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of 1 hour per test

run shall be used unless otherwise indicated. In order to demonstrate compliance

with the emission limits set forth in Subpart E ofthis Part, the arithmetic average

of all 3 performance test runs shall be used.

b) Method 1, at 40 CPR 60, incorporated by reference at Section 229.104(d) ofthis

Part, shall be used to select the sampling location and number of traverse points.

c) Method 2, at 40 CPR 60 shall be used to determine average gas density, as well as

to measure gas velocity.

d) Method 3, 3A, or 3B, at 40 CFR 60 shall be used for gas composition analysis,

including measurement of oxygen concentration. Method 3, 3A or 3B, at 40 CPR

60 shall be used simultaneously with each ofthe other reference methods. As an

alternative to Method 3B, ASME PTC·19·10·1981·Part 10 may be used.

a) Methea 3 or 3A, at 40 CfR (,0 shall be used fer gas eempesition analysis,

ffie.lu6ing meaSI'lfOl11ent ef exygofl eeBoentr-atiee..Methoa 3 ef 3;\, at 40 CFR eO

shaH bo Hsea SiBlullaneeus}y with eaeh referOflee methea.

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

following equation:

55
Where:

Codj = pollutant concentration adj usted to 7 percent oxygen;

Cm", = pol1utant concentration measured on a dry basis

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

cOlTection basis);

20.9 oxygen concentration in air, percent; and

%0, = oxygen concentration measured on a dry basis, percent.

D Method 5, 26A, or 29, at 40 ern 60 shall be used to measure PM emissions. As

an alternative, a PM CEMS may he used in determining compliance with PM

emissions using a 12-hour mIring average. calculated each hour as the average of

the previous 12 operating hours,

f) Methed 5 er 29, at 4Q CPR 60 shall Be L15ea Ie measure jJarticulate matter

emissiefls.

gl M~thod 7 or 7E, at 40 CFR 60 shall be used to measure NO~ emissions.

h) Method 6 or 6C, at 40 CPR 60 shall be used to measure SO, emissions.

j,g) Method 9, at 40 CFR 60 shall be used to measure stack opacity. As an alternative,

the use of a bag leak detection system or a PM CEMS to demonstrate compliance

with the PM standards is considered demonstrative of compliance with the opacity

requirements.

ih) Method 10 or lOB, at 40 CFR 60 shall be used to measure CO emissions. As an

alternative. a CO CEMS maybe used to measute CO emissions.

k) Method 22, at 40 CFR 60 shaH be used to measure fugitive ash emissions.

It) Method 23, at 40 CFR 60 shall be used to measure total dioxinlfuran emissions.

As an alternative, the facility may elect to sample total dioxins/furans bv

instaHing. calibrating, maintaining, and operating a continuous automated

sampling system for monitoring dioxin/furan emissions, The minimum sample

time for Method 23 sampling shall be 4 hours per test ron. [fthe affected facility

56
has selected the TEQ for dioxinlfurans (set out in Appendix A of this Part), as

provided (mder Section 229.1258';1 Or 229.126ffl1 ofthis Part, whichever is

upplicable, the following procedures sha11 be used to deteonine compliance:

I) Measure the concentration of each cIioxin/furan tetra-through-octacongener emitted llsing Method 23;

2) For each dioxlnlfumn congener measured in accordance with subsection

(i)( 1) of this Section, multiply tbe congener concentration by its

corresponding TEQ factor specified in Appendix A ofthis Part; and

3) Sum the products calculated in accordance with subsection (i)(2) of this

Section to obtain the total concentration ofdioxin/furans emitted in terms

ofTEQ.

®) Method 26 or 26A, at 40 CPR 60 shull be used to measure HCl emissions. As an

alternative, an HCl CEMS may be used to measure HCI emissions. Before

January I, 2014, ifthe affected facility has selected the percentage reduction

standard forHCl as provided under Section 229.125~ or 229. 126{ill!b1 of this

Part, whichever is applicable, the percentage reduction in HCl emissions (%RflCI)

is computed using the following fonnula:

Where:

%RHCI =percentage reduction of HCl emissions achieved;

E; = HC] emissions concentration measured at the

device inlet, corrected to 7 percent oxygen

basis); and

control

(dry

Eo = He] emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis).

11k) Method 29, at 40 CFR 60 shall be used to measure Pb, Cd, and Hg emissions.

As an alternative, ASTM D6784-02 may be used to measnre Hg emissions; a

multi-metals CEMS or Hg CEMS may be used to measure Pb, Cd, and Hg

emissions; or the facility may elect to sample Hg by installing, calibrati.ng,

maintaining, and operating a continuous automated sampling system fol'

monitoring Hg emissions. Before January 1,2014, ifthe affected facility has

57
selected the percemage reduction standards fOT metals as provided in Section

229. 125W tb1 or 229.J26W tb1 ofthis Part, whichever is applicable, the

percentage reduction in emissions (%Rm'''l) is computed using the following

formula:

(%Rm'''I)=((E;-Eo)/E;)x 100

Where:

%Rmcbl = percentage reduction ofmeta] emissions (Pb, Cd,

or Hg) achieved;

E; = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, corrected to 7

percent oxygen (dry basis); and

Eo = metal emissions concentration (Pb, Cd, or Hg)

measured at the control device outlet, corrected to

7 percent oxygen (dry basis).

(SoUTce: Amended at ~, effective -'),

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