BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF :
)
Hospital/Medical/Infectious
)
R99-
lQ
Waste Incinerators: New Part)
(Air Rulemaking)
35 111. Adm. Code 229
)
STATEMENT OF REASONS
The Illinois Environmental Protection Agency ("Illinois EPA"), by one of its attorneys,
Bonnie Sawyer, hereby submits this Statement of Reasons to the Illinois Pollution Control Board
("Board") pursuant to Sections 9.1(d), 10, 27 and 28.5 of the Environmental Protection Act' and
35 111. Adm. Code 102.121(b) in support of the above captioned rule making proposal . Included
in this proposal is the addition of 35 Ill. Adm. Code 229 ("Part 229"). The proposed Part 229
establishes emissions limits for hospital/medical/infectious waste incinerators (HMIWIs)
.
INTRODUCTION
Proposed Part 229 will reduce emissions of pollutants from the incineration of hospital,
medical and infectious waste . One of the primary purposes for incinerating hospital and
medical/infectious waste is to treat infectious or hazardous aspects of such waste . But, in the
process of treating these wastes, a wide range of pollutants are released into the environment
;
some of which are both carcinogenic and bio-accumulative in nature .' The proposed Part 229
RECEIVED
(1 P"<'S OFFICE
NOV 3 0 1998
STATE OF ILLINOIS
Pollution Control Board
'415 ILCS 5/9.1(d), 10, 27 and 28 .5. The Illinois Environmental Protection Act (415 ILCS 5/1 et seq .) will hereinafter be referred
to as "the Act"
.
2
Exhibit 10: "Hospital, Medical and Infectious Waste Incinerators : Background Information for Promulgation of
Standards and Guidelines - Regulatory Impact Analysis for New and Existing Facilities," EPA-453/R-97-009b, July
1997 .
establishes emission limits for: particulate matter ("PM"), carbon monoxide ("CO"), opacity,
sulfur dioxide ("SO2"), oxides of nitrogen ("NOx"), hydrogen chloride ("HCI"), lead ("Pb"),
cadmium ("Cd"), mercury ("Hg") and dioxins and dibenzofurans ("dioxins/furans") . While each
of these pollutants can have adverse effects on public health and welfare, dioxin/furans, PM, Pb,
Cd and Hg may pose the most significant public health concerns. 62 Fed . Reg. 48350 .
A
. Federal Basis for Proposed Part 229
Congress also recognized the significance of reducing emissions from the incineration of
hospital, medical and infectious waste as evidenced by the mandate in Section 129 of the Clean
Air Act, which requires United States Environmental Protection Agency ("U.S . EPA") to set
limits on emissions from the incineration of these waste streams . Section 129 of the CAA
specifically addresses standards for solid waste combustion sources and requires the
development of standards, under Section 111 of the CAA (new source performance standards), to
regulate the incineration of solid waste, including hospital and medical infectious waste .' The
standards developed pursuant to Section 129 of the CAA must address emissions from both new
and existing units . Id .
Section 111(d) of the CAA, as stated below, requires the U .S. EPA to establish a process
under which States must develop and submit plans for the control of emissions from any source
category, not otherwise regulated, for which U .S. EPA has promulgated a performance standard
:
The (U .S . EPA) Administrator shall prescribe regulations which shall establish a
procedure similar to that provided by section 110 under which each State shall submit to
the Administrator a plan which (A) establishes standards of performance for any existing
source for any pollutant (i) for which air quality criteria have not been issued or which is
not included on a list published under section 108(a) or emitted from a source category
3
See,
42 U.S.C. §7429. The Clean Air Act, as amended in 1990, Pub . L. 101-549, November 15, 1990, 104 Stat. 239 (1990)
(codified at 42 U.S. C. §§ 7441-7671q) will hereinafter be referred to as the "CAA"
.
442 U.S.C. 7429(a)(1)(C) .
2
which is regulated under section 112 or 112(b) but (ii) to which a standard of
performance under this section would apply if such existing source were a new source,
and (B) provides for the implementation and enforcement of such standards of
performance
.
42 U.S.C. §7411(d)(1) . Therefore, Section 129 of the CAA establishes the substantive standards
applicable to HMIWIs while deferring to Section 111(d) of the CAA to establish the procedures
states must abide by in developing these standards .
U.S. EPA initially proposed regulations under Section 129 of the CAA addressing
HMIWI emissions on February 27, 1995
.
5
Based upon supplemental information that U.S. EPA
received following the publication of its initial proposed regulations, U .S. EPA proposed a
revised version of its HMIWI regulations on June 20, 1996 6 On September 15, 1997, U .S. EPA
promulgated the final new source performance standard and emission guideline to reduce
emissions from hospital, medical and infectious waste incinerators .'
The new source performance standards are codified in Subpart Ec of Title 40, Part 60 of
the Code of Federal Regulations (40 CFR §§ 60.50c - 60.58c) (hereinafter "NSPS") and apply to
HMIWIs for which construction commenced after June 20, 1996 or for which a modification is
commenced after March 16,1998.' The emissions guidelines for existing HMIWIs,
i .e., ones for
which construction commenced on or before June 20, 1996, are codified in Subpart Ce of Title
40, Part 60 of the Code of Federal Regulations (40 CFR §§ 60.30e-60.39e) (hereinafter "EG") .
5 Exhibit 2 : Standards for Performance for New Stationary Sources and Emission Guidelines for Existing Sources
:
Hospital/Medical/Infectious Waste Incinerators : Proposed Rule, 60 Fed . Reg. 10653 (February 27, 1995)
.
6 Exhibit 3 : Standards for Performance for New Stationary Sources and Emission Guidelines for Existing Sources
:
Hospital/Medical/Infectious Waste Incinerators : Proposed Rule, 61 Fed . Reg. 31375 (June 20, 1996)
.
' Exhibit 1 : Standards for Performance for New Stationary Sources and Emission Guidelines for Existing Sources
:
Hospital/Medical/Infectious Waste Incinerators : Final Rule, 62 Fed. Reg. 48387 (September 15, 1997)(to be
codified at 40 CFR. Part 60) (hereinafter "Final Rule for HMIWI5")
.
'Modification is a defined term in the NSPS and excludes any "[p]hysical or operational changes made to an
existing HMIWI solely for the purpose of complying with emission guidelines under subpart Cc (the emissions
guidelines for existing HMIWIs)." 40 CFR §60.50c(h) .
3
Unlike the NSPS, the EG does not establish standards for HMIWIs but rather mandates states to
adopt plans regulating existing HMIWIs and establishes minimum elements required in these
State plans. For the most part, the requirements in the EG and the NSPS are the same and, in
these instances, the EG simply cross-references the substantive requirements found in the NSPS 9
The Federal HMIWI regulations establish emission limits for PM, CO, opacity, 50
2 ,
NOx, HCl, Pb, Cd, Hg and dioxins/furans .
10
The exact emission limits that the owner or operator
of an HMIWI will be obliged to meet, however, vary depending on the size, the date by which
construction of the HMIWI was initiated, and in some cases, the geographic location of the
HMIWI. The proposed HMIWI regulations distinguish between three different sized HMIWIs :
small, medium, and large. Additionally, the emission limits an HMIWI will have to meet are
more stringent for certain pollutants if the unit is a new or modified unit subject to the NSPS
rather than the EG. Finally, under the EG, those HMIWIs located more than 50 miles from the
boundary of the nearest Standard Metropolitan Statistical Area ("SMSA"), as listed in OMB
Bulletin No. 93-17," that meet the criteria for "small HMIWI" and that burn less than 2,000
pounds per week of hospital and medical/infectious waste, will be subject to less stringent
emission limits .
B .
Illinois' Plan
The Illinois EPA's proposal includes the necessary provisions for implementing the EG
for the control of emissions from existing HMIWIs in Illinois. The proposal contains standards
'In those instances where the EG relies on the text found in the NSPS to establish the substantive requirements for
State plans, this document will refer to those provisions hereinafter as the "EG/NSPS ."
10Section 129 of the CAA specifies that standards regulating solid waste combustors (including
hospital/medical/infectious waste combustors) must limit each of these pollutants
.
" Office of Management and Budget Bulletin No . 93-17, "Revised Statistical Definitions for Metropolitan Areas,"
(June 30, 1993) (Number 14(a) of the Table of Contents) .
4
and control requirements that are equivalent to those included in the EG/NSPS. On September
14, 1998, the Illinois EPA received a letter from U.S. EPA Region 5 stating that it has reviewed a
draft of the Illinois EPA's proposed rule and providing minor comments on the draft
'Z
U .S
.
EPA's comments are incorporated into the proposed rule. Upon adoption of the rules in the
proposal by the Board and publication in the Illinois Register, the measures described below will
be effective in the State of Illinois . Upon submittal of the adopted rules to U .S. EPA as Illinois'
state plan for implementation of the federal EG and promulgation of a final rule in the Federal
Register approving the state plan, the adopted rules will become federally enforceable
.
Under proposed Part 229, HMIWIs are defined as "any device that combusts any amount
of hospital waste or medical/infectious waste ."
See also,
40 CFR §60.51c. Based on this
definition, the majority of the HMIWIs in Illinois are located in hospitals. However, this
definition also encompasses HMIWIs at commercial waste treatment facilities, veterinary
medical facilities, funeral homes and mortuaries, skilled nursing care facilities, commercial
physical, biological and medical research facilities, and pharmaceutical manufacturing facilities
.
In order to meet the emission limits contained in this regulatory proposal, owners or
operators of HMIWIs will, in almost every case, have to install at least some form of add-on
pollution control device to their incinerator. However, this proposal does not specify what the
exact nature of those add-on controls must be. Instead, an HMIWI owner or operator is free to
utilize any pollution control device, provided that they can demonstrate that their incinerator will
be able to meet the relevant emission limits . In most instances, however, rural HMIWIs will not
12
Exhibit 6: Letter from J. Elmer Bortzer, Chief, Regulation Development Section, U.S
.
EPA Region
V, to Dennis Lawler, Manager,
Division of Air Pollution Control,
Illinois EPA
(September 8, 1998)
.
5
need to install pollution control equipment and can meet the applicable emission limits through
good combustion practices
.
In addition to establishing emission limits, the proposed rules require the operation of
HMIWIs by trained and qualified operators and waste management planning for both hospitals
operating HMIWIs and for any hospital that sends any part of their waste for off-site
incineration .
II. SECTION 28.5 OF THE ACT
This regulatory proposal is properly submitted to the Board pursuant to Section 28 .5 of
the Act as a fast-track rulemaking proceeding . A fast-track rulemaking is "a proceeding to
promulgate a rule that the CAAA requires to be adopted . For purposes of this Section, `requires
to be adopted' refers only to those regulations or parts of regulations for which U .S. EPA is
empowered to impose sanctions against the State for failure to adopt such rules ." 415 ILCS
5/28 .5
.
On September 15, 1997, the U .S. EPA, pursuant to Sections 111(d) and 129 of the CAA
promulgated an EG for HMIWIs ." Section 111(d) of the CAA requires all States to adopt plans
that establish standards of performance for any existing source for which a standard of
performance under Section 111 of the CAA would apply if the source were a new source . 42
U.S.C. §7411(d). Section 129 of the CAA further requires states to submit a plan to U .S. EPA
by one year after U .S. EPA promulgates guidelines for a solid waste combustion category. 42
U.S.C. §7429(b)(2). As U.S. EPA promulgated the guidelines for hospital and
"Exhibit 1, 62 Fed. Reg. 48347 (1997) .
6
medical/infectious waste categories on September 15, 1997, Illinois was initially required to
submit a plan implementing the EG to U .S. EPA by September 15, 1998
.
Because of Illinois EPA's concern that meeting this submission date would be difficult,
on December 15, 1997, Illinois EPA requested an additional 18 months in which to submit its
HMIWI state plan to U.S. EPA." Illinois EPA sought this extension for two reasons . First,
given both the large number of sources affected by this proposed rule,
15 as well as the wide
variability in individual circumstances, Illinois EPA believed that substantial outreach would be
required prior to initiating the rulemaking process . Second, Illinois EPA believed that additional
time for submitting this rule was warranted given the process by which environmental
regulations are adopted in this State . U.S. EPA subsequently informed Illinois EPA that it did
not believe that it had the authority to grant Illinois EPA's request .
Illinois EPA subsequently asked U .S. EPA to reconsider the issue of whether it had the
necessary authority to grant Illinois additional time in which to submit its HMIWI state plan ."
In this letter, Illinois EPA set forth its interpretation of relevant legal authorities that it believed
supported its contention that U .S. EPA had the authority to grant a State's request for additional
time in which to submit its HMIWI state plan. U.S. EPA has, however, consistently maintained
that it does not have the authority to extend the time that states may have to submit their State
plans .
14
Exhibit 5 : Letter from Bharat Mathur, Chief, Bureau of Air, Illinois EPA to David Kee, Director, Air and
Radiation Branch, U.S. EPA Region 5 (December 15, 1997) .
15
According to the U.S. EPA's estimated inventory of HMIWIs, Illinois has approximately 108 HMIWIs in
operation. This would rank Illinois as having the sixth highest number of HMIWIs in the country
.
See,
Exhibit 8 :
Hospital/ Medical/Infectious Waste Incinerator Guidelines : Summary of the Requirements for Section 111(d)/129
State Plans (November 1997), at xv-xvii
.
16
Exhibit 7: Letter from Bharat Mathur, Chief, Bureau of Air, Illinois EPA to David Kee, Director, Air and
Radiation Branch, U.S. EPA Region 5, dated March 4, 1998 (unsigned letter transmitted by facsimile)
.
7
While Illinois has missed the September 15, 1998 deadline, so long as Illinois submits its
State Plan to U.S. EPA and U .S. EPA approves it by September 15, 1999, Illinois will avoid the
prospect of having a federal plan imposed on it by the U.S. EPA. 42 U .S.C. §7429(b)(3). Along
with the imposition of a federal plan, U .S. EPA would have the authority to reduce the grant that
Illinois receives pursuant to Section 105 of the CAA to administer programs required by the
CAA. 42 U.S.C. §7405 .
Imposition of a federal plan is a sanction . The State's authority to implement the most
appropriate control measures would be constrained ; and U.S. EPA would have the authority to
reduce the funding that the Agency receives to administer CAA programs. For these reasons,
this rulemaking properly appears before the Board pursuant to the fast-track provisions of
Section 28.5 of the Act.
III .
GEOGRAPHIC REGIONS AND SOURCES AFFECTED
The regulations that the Illinois EPA is proposing will affect every HMIWI within the
State of Illinois for which construction commenced on or before June 20, 1996. HMIWIs in
Illinois are located primarily at hospitals but also at commercial waste treatment facilities,
veterinary medical facilities, funeral homes and mortuaries, skilled nursing care facilities,
commercial physical, biological, and medical research facilities, and pharmaceutical
manufacturing facilities
.
The Illinois EPA has identified approximately 98 HMIWI potentially subject to the
emission limits in the proposed rule located in Illinois .' Approximately another 75 HMIWIs
"See
Exhibit 9. This number is based on recent information compiled by Illinois EPA, in part by a survey mailed to
facilities that have the potential to operate HMIWIs
.
8
may have to notify the Illinois EPA and U .S. EPA of exempt status based either on the type of
waste burned or percentage of hospital, medical, or infectious waste combusted . Additionally,
about 155 hospitals that send waste to off-site disposal facilities may be subject to the waste
management planning requirements in the proposed rule . The potentially affected sources
identified by Illinois EPA are listed in the Technical Support Document submitted with this
regulatory proposal."
As explained in greater detail above, the rule applies differently to certain HMIWI
located in rural areas. To qualify, an HMIWI must be located more than 50 miles from the
nearest Standard Metropolitan Statistical Area (as listed in OMB Bulletin No . 93-17). These
metropolitan areas may be located in Illinois or in any surrounding state as long as the area is
within 50 miles of the Illinois border. Attached to this document as Appendix I is a list
identifying the metropolitan areas the Illinois EPA believes are relevant for HMIWIs in Illinois .
The Illinois EPA has identified two HMIWIs (one of which has apparently ceased operations)
that meet the "rural" criteria and thereby qualify for the less stringent emission limits and testing
requirements
.
IV .
PURPOSE AND EFFECT OF THE PROPOSAL
A .
Purpose
The Illinois EPA is proposing regulations to control air pollution from existing HMIWIs
.
These regulations implement the requirements of Sections 111(d) and 129 of the CAA . Both of
these CAA sections require States to adopt plans to control emissions from existing sources
"This list is intended to serve as a reference tool only and does not affect applicability of the proposed rule for a
given facility .
9
based on U .S. EPA promulgation of regulations or guidelines for the same type of sources, as it
has done with HMIWI. Section 129 of the CAA, however, is directed to the regulation of solid
waste combustion units, such as HMIWIs, and specifies the minimum level of control that U .S .
EPA must implement. In turn, Illinois' HMIWI state plan must require the same level of control
from existing sources as U.S. EPA does for existing HMIWIs (i.e., those for which construction
commenced on or before June 20, 1996). 42 U.S.C. §§7411(d) and 7429
.
Section 129 of the CAA defines the level of control that must be required for solid waste
combustion units as
:
the maximum degree of reduction in emissions of air pollutants
.
.
. that the
Administrator, taking in to consideration the cost of achieving such emission reduction,
and any non-air quality health and environmental impacts and energy requirements,
determines is achievable for new or existing units in each category. [And,] [e]missions
standards for existing units in a category may be less stringent than standards for new
units in the same category but shall not be less stringent than the average emission
limitation achieved by the best performing 12 percent of units in the category
.
.
.
42 U.S.C. 7429(a)(2) . 19
Therefore, U.S. EPA established a MACT floor based on the level of control achieved by
the best performing 12 percent HMIWIs in various categories . U.S. EPA is permitted, however,
to require greater emission reductions than would be achieved under the MACT floor, provided it
considers the cost and any non-air quality health and environmental impacts and energy
requirements from such reductions. U.S. EPA elected to develop MACT for categories of
HMIWIs based on their waste-burning capacity (small, medium, and large) and further refined
19
Section 129 of the CAA requires the same level of control as is required for hazardous air pollutants under Section
112 of the Act.
See
42
U.S.C. §7412(d)(2) and (3). This level of control is commonly known as the maximum
achievable control technology and will be referred to as "MACT" hereinafter
.
10
each of these categories based on design,
i .e., whether the units were batch, continuous or
intermittent. 62 Fed. Reg 48352 (1997) .
B .
Effects
1. MACT Standard
U.S. EPA ultimately determined the emission limits for the regulated pollutants based on
the application of MACT for each of the categories described above . U.S. EPA determined that
the MACT standard should incorporate the use of good combustion practices by all HMIWIs, as
well as the installation of low efficiency wet scrubbers for small existing HMIWIs, the
installation of moderate efficiency wet scrubbers for medium existing HMIWIs and the
installation of high efficiency wet scrubbers for large existing HMIWIs .
Id.
at 48371. The
purpose of good combustion practices is to control the levels of PM, CO, and organic emissions
.
By comparison, the purpose of the add-on pollution control system is to control multiple
pollutants, in particular, those heavy metals that are associated with medical/infectious and
hospital waste streams .
Therefore, the emission limits for each pollutant represent the level of emissions typically
achieved if the above specified controls are used. The emission limits for the medium and large
categories of HMIWIs reflect the MACT floor, while the emission limits for small HMIWIs are
more stringent than the MACT floor for the smaller category of units
.
Id.
at 48370. The MACT
floor for small HMIWIs reflects the use of good combustion practices alone
.
Id.
U.S. EPA
selected a standard that reflects not only good combustion practices but also the installation of a
low efficiency wet scrubber as MACT for small HMIWIs based on its determination that the
additional reduction in emissions were substantial while the cost and economic impact on small
HMIWIs would be minimal
.
Id.
at 48371 .
1 1
Instead, for existing sources, U .S. EPA created a fourth class of HMIWIs for small units
located in rural areas . For these rural HMIWIs, U .S. EPA established the MACT standard based
on the MACT floor for small HMIWIs. The MACT standard for small HMIWIs located in rural
areas is based on good combustion practices alone and does not contemplate the installation of
add-on pollution control devices .
Id.
In some instances, however, such facilities may need to
rely on pollution prevention practices to meet the emission limit for mercury
.
Id.
Of the
facilities considered by U.S. EPA in developing MACT for small HMIWIs, one facility was able
to meet the emission limit for mercury only after instituting waste management practices2° If a
rural HMIWI fails to meet the emission limit for mercury based on its initial performance test,
the owner or operator may need to consider instituting certain waste management practices
designed to reduce mercury in the waste stream and re-test . U.S. EPA primarily adopted these
different, less stringent requirements for rural HMIWI because of its concern that such facilities
may have few alternatives to on-site incineration, unlike small incinerators located in or near
metropolitan areas. Id at 48370 .
2. Alternative Waste Disposal
Illinois EPA and U.S. EPA anticipate that, as a result of these regulations, a number of
facilities will choose to avail themselves of alternative medical/infectious waste treatment
technologies, such as land filling, steam autoclaving, microwaving, or pyrolysis
.
See,
62 Fed .
Reg. 48372 (1997). The increased use of these treatment technologies is not anticipated to create
significant adverse economic, environmental or health and safety issues
.
Id.
at 48373 .
20
Exhibit 9: "HMIWI Background Information for Promulgated Standards and Guidelines - Summary of Public
Comments and Responses." (July 1997) EPA-453/R-97-006b, pp. 3-15 .
12
3
.
Health and Environmental Impacts
As stated above, the pollutants limited in the proposed rule can have adverse impacts both
on public health and the environment . The emission limits in proposed Part
229
will result in
significant reductions of each of the regulated pollutants . Attached to this document as
Appendix
2
is an estimate of the emissions reductions anticipated for each regulated pollutant
.
These estimates assume all HMIWIs will remain operational and will operate an air pollution
control device, namely a wet scrubber, to control emissions. U.S. EPA anticipates that a number
of (primarily small and medium) incinerators will shut down rather than comply with the
proposed emission limits
.
62
Fed. Reg .
48370 (1997)
.
If such sources opt to use treatment
methods alternative to incineration, emissions of the regulated pollutants would decrease more
than is indicated in Exhibit
2 .
V. SUMMARY OF THE RULE
The Illinois EPA's proposed rule will require any incinerator for which construction
commenced either on or before June
20, 1996,
that combusts any quantity of medical/infectious
waste or hospital waste to meet certain emission limits, depending on the incinerator's capacity
and geographic location. Units that burn any quantity of these types of waste are classified as
"HMIWIs."
A .
Subject Sources
While all HMIWIs are covered by these regulations, the degree to which an HMIWI will
be covered by these regulations will depend on the types and percentages of waste that are
actually incinerated in the HMIWI . For instance, any HMIWI that incinerates 10 percent or less
of hospital waste and/or medical infectious waste, as portion of the total volume of waste that it
13
incinerates, is considered a "co-combustor" under these regulations. As a co-combustor, an
HMIWI owner or operator is only required to notify the Illinois EPA and U .S. EPA that it is a
co-combustor, commit to this status as a permit condition, and maintain certain records of the
waste it is incinerating .
Additionally, owners and operators of HMIWIs that incinerate only pathological, low-
level radioactive waste, or chemotherapeutic waste will only be required to notify the Illinois
EPA and U .S. EPA that they are incinerating these waste types and maintain records related to
these incineration activities. An example of one of these types of sources are crematoriums
.
However, while sources may be subject to only limited requirements under these regulations,
Illinois EPA anticipates that U .S. EPA will be developing specific regulations and emission
limits for these sources at a later date
.
In the EG/NSPS, U .S. EPA excluded human remains intended for cremation or interment
from the definition of both hospital and medical/infectious waste . Under this approach,
pathological waste incinerators that only incinerate human remains such as crematoriums would
not be covered by the rule . Of note, the EG/NSPS further exempts facilities that only burn
pathological waste from the emissions control requirements . In this instance, only notification
and record keeping requirements apply to pathological waste combustors that incinerate
pathological waste other than human remains intended for cremation or interment.
The proposed rule does not exclude human remains intended for cremation or interment
from the definition of medical/infectious waste . However, the exemption from control
requirements for pathological waste combustors remains applicable to these facilities . Therefore,
crematorium-type facilities will be required to comply with only minimal reporting and record
keeping requirements. The Illinois EPA maintains that meeting these minimal requirements is
14
important to establish a sufficient database to ensure that the appropriate facilities are complying
with the rule .
This regulatory proposal also applies, in a limited manner, to any hospital that sends any
quantity of either its hospital or medical/infectious waste off-site for incineration . These hospitals
will be required to develop and implement a waste management plan . The Illinois EPA has
decided to require these hospitals to abide by this condition because the Illinois EPA believes
that this will ensure even further reductions in those pollutants that are produced as a by-product
of the incineration process .
Further, certain source types are excluded from the scope of this rule . Exempt sources
include incinerators that are already permitted under Section
3005
of the Solid Waste Disposal
Act,
42 U.S.C. §6925 ;
any municipal waste combustor ; any pyrolysis unit; cement kilns ; and any
HMIWI that is subject to the NSPS standards. These sources are excluded based on either their
compliance with other, mostly more stringent requirements or anticipated future U .S. EPA
regulations specifically addressing these types of sources
.
B
.
Compliance Schedule
All HMIWI subject to this regulatory proposal will be required to be in compliance with
the emissions limits in the proposed Part
229
by September
15, 2000 .
This time frame is
applicable to both HMIWIs that will continue to operate, as well as for those HMIWI that will be
shut down."
21
In order to shut down an HMIWI, in compliance with the provisions of this regulatory proposal, an owner or
operator "shall take affirmative steps to demonstrate that the[ir] HMIWI has been rendered permanently
inoperable." Proposed 35 1111. Adm. Code 229.116(c) .
15
However, a deadline extension is available in some circumstances . Owners or operators
of HMIWIs that will continue operation after these regulations go into effect may have additional
time to come into compliance with the provisions of the proposed Part 229. However, all
HMIWI owners or operators must be in full compliance with all of the provisions of this Part not
later than September 15, 2002 . In order for an HMIWI owner or operator to be able to take
advantage of this extended compliance time frame, they must commit to a series of enforceable
increments of progress and include these increments as part of the compliance schedule that will
be filed with their CAAPP permit application
.
By comparison, HMIWI owners or operators that intend to permanently shut their units
down, but who will need beyond September 15, 2000 to do so will have to file for a variance .
The Illinois EPA has adopted this approach because owners or operators of an HMIWI that
intend to permanently shut their units down will not need to obtain a CAAPP permit . As a result,
the Illinois EPA lacks the authority to allow a longer compliance time frame for an HMIWI
owner or operator under these circumstances. Also, the Illinois EPA believes that, in almost all
instances, owners and operators of HMIWIs that intend to shut down should be able to do so by
September 15, 2000 .
U.S. EPA envisioned certain scenarios under which the owner or operator of an
incinerator that either plans to retro-fit the unit or intends to shut it down may need additional
time to do so. The EG, therefore, permits State plans to allow sources up to three years after U .S
.
EPA's approval of the State plan to achieve compliance . The EG appears to contemplate a
system whereby sources petition the State for permission to meet an extended compliance time
frame. As explained above, the proposed rule provides a mechanism for sources that intend to
continue operation of their HMIWI to apply for an extended schedule. U.S. EPA, however,
16
believed that owners or operators of HMIWIs that intend to shut down may also need additional
time to complete their shut down . One such circumstance may occur when a facility is planning
to install an alternative waste treatment technology, such as a pyrolysis unit, but is unable to
bring this technology on-line before the deadline
.
If an owner or operator of an HMIWI needs additional time to shut down their unit they
will have to petition the Board for a variance in sufficient time to allow for the Board's review
and approval prior to the deadline for shutting down. Additionally, U.S. EPA mandates the
consideration of certain factors when an extended compliance schedule is allowed under a State
plan. First, in the EG and the State Plan Guidance, U .S. EPA has specified the showing that will
be required to justify allowing the owner or operator of an HMIWI more than the one year after
U.S. EPA's approval of the State Plan to come into compliance. To satisfy U.S. EPA's approval
criteria, sources must address the factors set out in 40 CFR §60 .39e(d) in their variance petition
.
These factors include that a petition for an extension must evaluate the feasibility of transporting
waste offsite on a temporary basis . Second, the EG prescribes that any extension granted must
expire on or before the date three years after U .S. EPA approval of the State plan but not later
than September 16, 2002 . 40 CFR §60.39e(c); 62 Fed. Reg. 48381 (1997). This date has a
statutory basis under the CAA . Section 129 of the CAA prescribes that State plans must require
that each subject unit be in full compliance by no later than five years after the federal guidelines
were promulgated, which was September 15, 1997 . To remain consistent with this federal
requirement as required by Section 35 of the Act (415 ILCS 5/35) and 35 Ill Adm. Code
104.122, the Board can only grant a variance until this date
.
Even if the Board finds that an HMIWI owner or operator has demonstrated that their
particular situation warrants additional time in which to finally shut down their incinerator, there
17
are still requirements under proposed Part 229 that the owner or operator must satisfy in order for
U.S. EPA to approve the variance . If the owner or operator wants beyond September 15, 2000,
to permanently shut down their HMIWI
, the owner or operator will still have to comply with the
operator training and qualification requirements described in greater detail below .
C
.
CAAPP Permit Requirements
While there are currently some HMIWIs within the State of Illinois that are already
required to have a CAAPP permit because they were considered major sources, this regulatory
proposal will require that all HMI WIs subject to the emissions limits under proposed Part 229
operate pursuant to a CAAPP permit . This requirement is based on the applicability of Title V of
the CAA, which requires, among other things, that any source subject to a standard under Section
111 of the CAA is subject to the Title V permitting requirements . Section 39.5(2)(a)(ii) of the
Act provides that "[a]ny source subject to a standard or other requirement promulgated under
Section 111
.
.
. of the Clean Air Act" is subject to CAAPP permitting . 415 ILCS
5/39.5(2)(a)(ii) .
For most subject sources, CAAPP applications must be submitted to the Illinois EPA by
September 15, 2000. If, however, a source desires an extended compliance schedule, the owner
or operator must submit their CAAPP application within six months of the Board's adoption of
Part 229. This earlier submittal date is needed as the EG mandates that State plans which allow
extended compliance schedules require a facility to submit its request for an extended schedule
"to allow the State adequate time to grant or deny the extension within one year after EPA
approval of a State program." 40 CFR 60.39e(d)(1); 62 Fed. Reg. 48381 (1997) .
18
D .
Emission Limits
This regulatory proposal primarily establishes emission limits for HMIWIs based upon
their waste charging capacity (i.e., the amount of waste that can be incinerated over a period of
time). In addition, this proposal also establishes separate emission limits for "rural HMIWI ."
These emission limits are less stringent than those that were established for other small HMIWIs
because of concern that there may be less access to cost-effective, alternative waste disposal
options in these rural areas . 62 Fed. Reg. 48370 (1997) .
E .
Initial and Annual Inspections for Rural HMIWIs
Not only the emissions limits but also the compliance requirements under the proposed
rule vary between rural HMIWI and other HMIWI . In lieu of most annual performance testing
requirements, owners or operators of rural HMIWI are required to inspect their HMIWIs
annually. These inspections are designed to ensure that the HMIWI is in proper working order
and will perform in accordance with good combustion practices . All HMIWIs are required to
perform an initial performance test by September 15, 2000 ; but only small, medium, and large
HMIWIs are required to conduct subsequent annual performance tests, (except that all HMIWIs
must conduct annual tests for opacity) . And, when conducting their initial performance test,
rural HMIWIs are not required to test for HCI, Pb, and Cd .
F
.
Operator Training_
Once this regulatory proposal becomes effective, HMIWIs may only be operated if a
trained and qualified operator is on-site. To meet this requirement, an HMIWI operator must
attend an initial training course and annual refresher courses and must meet a hands on
experience requirement .
19
The proposed rule differs from the minimum elements required for a State plan under the
EG. The EG/NSPS allows a trained and qualified operator to be available within one hour of the
HMI WI during all periods of operation . The Illinois EPA elected to require the trained and
qualified operator to be on-site at all times during HMIWI operation for several reasons . First,
the Illinois EPA believes that the significance of incinerator operations and the associated
emissions necessitates operation by or supervision of operation by a trained and qualified
operator. This is significant with HMIWIs because of the variable waste streams combusted
.
Second, the Illinois EPA believes that the NSPS/EG "within one hour" provision is too
ambiguous to provide the needed assurance that the incinerator is being properly operated . This
provision does not explicitly require that this HMIWI operator ever be on-site or that the facility
contact this operator if problems arise . Third, the Illinois EPA believes the "within one-hour"
provision from the NSPS/EG would be too difficult to implement, monitor and enforce,
i .e., both
the affected facility and the regulating entity will have difficulty determining if the requirement
is being met at all times
.
G .
Waste Management Plan
The proposed rule requires affected entities to develop and implement a waste
management plan . This requirement is intended to encourage hospitals to reduce the volume and
toxicity of waste that they generate, and thereby reduce emissions from the incineration of such
waste. The waste management plan component of this regulatory proposal does not require
hospitals to achieve any particular waste reduction goals. Rather, the waste management
requirement is intended to recognize each hospital's unique circumstances while attempting to
find ways in which to reduce the amount of waste that it generates .
20
The Illinois EPA recognizes that many hospitals in this State already have some type of
waste management or waste reduction practices in place. Hospitals have been - and continue to
be - pro-active in seeking out ways to decrease the volume of waste that is generated as a by
product of patient treatment and care." Consequently, to the extent that hospitals have already
undertaken these types of efforts, they may incorporate documentation of their existing efforts
into the waste management plan required by the proposed rule
.
This regulatory proposal also establishes a limited waste management plan requirement
for those hospitals that do not use an on-site incinerator to treat their medical/infectious or
hospital waste, but do utilize an off-site HMIWI for this purpose. While the EG that the Illinois
EPA's regulatory proposal is based on does not require such hospitals to develop and implement
a waste management plan, the Illinois EPA believes this portion of the proposal is consistent
with the mandate from U.S. EPA. Anytime medical/infectious or hospital waste is treated in an
HMIWI, no matter where that HMIWI may be located, a variety of highly toxic pollutants are
released; this aspect can be further magnified if these pollutants bioaccumulate in the
environment. Because HMIWIs have been identified as significant sources of these pollutants,
waste reduction initiatives from any facility generating this type of waste will be beneficial to the
environment. The Illinois EPA also believes that requiring hospitals to develop and implement a
waste management plan if they send their waste off-site to be incinerated is consistent with the
recently announced MOU between the U .S. EPA and the American Hospital Association
regarding waste management and waste reduction goals . (See footnote 22 .)
22
The American Hospital Association and U.S. EPA signed a memorandum of understanding ("MOU") on June 23,
1998. This MOU commits hospitals to eliminating mercury from the hospital waste stream by 2005 as well as
achieving a 33% reduction in the volume of waste generated at hospitals by 2010 . BNA Environment Reporter,
Vol. 29, No. 10, p. 508, "Hospital Group, EPA Agree on Plan to Cut Mercury, Other Medical Wastes," Bureau of
National Affairs, Inc., Washington, DC (July 3, 1998)
.
2 1
VI .
TECHNICAL FEASABILITY AND ECONOMIC REASONABLENESS
The technology for controlling emissions from HMIWI is readily available. The
emission limits in this rule are exactly the same as those in the EG. This proposal requires
HMIWIs to achieve the maximum achievable control technology ("MACT") . What this proposal
does not do is require that the owner or operator of an HMIWI install any particular type of air
pollution control device. Although wet scrubbers, dry scrubbers and fabric filters are referenced
in the text of this regulatory proposal, the owner or operator need only demonstrate that they
meet the applicable emission limit criteria during performance testing
.
Illinois EPA estimated the cost of compliance for affected sources within Illinois based
on different scenarios considered by U .S. EPA." Under the first scenario, U.S. EPA considered
costs based on all HMIWIs remaining operational,
i.e., it was assumed that no existing
incinerators would utilize alternative waste treatment and disposal options. U.S. EPA considers
this scenario "unrealistic"and believes costs are grossly overstated under this scenario .
62
Fed .
Reg .
48372 (1997) .
Under the remaining scenarios, U.S. EPA assumed a certain percentage of
small, medium and large HMIWIs would shut down and find alternative methods of waste
disposal .
Id.
U.S. EPA believes these scenarios present a more realistic national cost estimate
.
Id.
Illinois EPA also relied on assumptions as to source shut downs, based on U .S. EPA's
scenarios, and arrived at a statewide annualized compliance cost of
$2.5
to
$6 .0
million .
VII .
COMMUNICATION WITH INTERESTED PARTIES
The Illinois EPA began discussing certain aspects of this regulatory proposal with
2 3'See, generally,
62 Fed. Reg. 48372-73,
see also,
the Illinois EPA's Technical Support Document .
22
interested parties at a very early stage of development. Because the waste management plan
requirement in the EG represented a new area of regulation, the Illinois EPA's workgroup for this
rulemaking felt that a certain degree of investigation and fact finding was necessary
.
Consequently, the workgroup felt that it would be better able to develop the waste management
plan language for this regulatory proposal if it had an understanding of how hospitals currently
treat the waste they generate
.
Illinois EPA representatives visited four hospitals located throughout central Illinois
between January and April 1998
.24
All of the hospitals visited had instituted some degree of
waste management or waste reduction practices . In addition, all of the hospitals that Illinois EPA
representatives visited relied on HMIWIs as part of their waste disposal strategies . This gave the
representatives an opportunity to see a range of different HMIWIs, both in terms of size, as well
as age and technical sophistication . During these hospital visits, Illinois EPA representatives
also discussed the U .S. EPA's HMIWI EG and how these regulatory requirements would be
implemented in the State of Illinois
.
The Illinois EPA held a series of workshops on this regulatory proposal with members of
the interested public on June 23, 24, and 25, 1998 in Oak Brook, Springfield, and Carterville
respectively. In advance of these meetings, the Illinois EPA sent a fact sheet, a copy of a draft
rule, a brochure and a questionnaire regarding this regulatory proposal to hospitals in the State
.
An invitation was also extended to personnel at U.S. EPA Region 5 to attend the Oak Brook
workshop. In addition, this same information was sent to veterinary, mortuary, biological and
pharmaceutical research facilities
.
24
The four hospitals that were visited were
: St . John's Hospital, Springfield ; Memorial Medical Center, Springfield
;
St. Vincent's Hospital, Taylorville and St. Joseph Medical Center, Bloomington
.
23
In addition to comments raised during these outreach sessions, the Illinois EPA elicited
written comments. As a result of its outreach efforts, the Illinois EPA received comments
regarding a wide range of issues from a number of interested parties . The proposed rules
incorporate many of the issues raised both at outreach meetings and in written comments
thereafter. Some of the most significant questions that were posed during the outreach
workshops and in comments concerned the operator training and qualification aspects of the
proposed rule and how the regulatory proposal's definition of medical/infectious waste compared
with the already existing Board definition of "potentially infectious medical waste" in 35 Ill
.
Adm. Code. 1420.102
.
One commentor questioned whether it would be possible to substitute the already existing
definition of "PIMW" for the regulatory proposal's definition of "medical/infectious waste ." This
commentor was concerned about this issue because of his experience educating the staff at his
hospital on how to properly dispose of PIMW. PIMW is defined for purposes of land pollution
control and is intended to identify the potentially infectious nature of waste to ensure that such
materials are disposed of in a manner that addresses the risk of infection. The definition of
medical/infectious waste in the proposed rule is not intended to address the potentially infectious
nature of the waste but rather to address waste streams, the incineration of which, creates the
emissions of concern under the rule .
One significant difference between the definition of PIMW and medical/infectious waste
is that the former does not includes intravenous (IV) bags that are not contaminated with blood
while IV bags are included in the proposed rule as medical/infectious waste regardless of any
potentially infectious nature of such bags . Further, the incineration of IV bags is likely to result
in emissions of the more toxic pollutants regulated in the proposed rule, namely dioxin/furans
.
24
Based on various differences in the definitions and the different pollution problems addressed,
the Illinois EPA remains concerned that the rule would not be as restrictive as the EG if the
PIMW definition was used in lieu of the proposed definition of medical/infectious waste . The
Illinois EPA, therefore, determined that including a definition of medical/infectious waste that is
essentially the same as the definition in the EG/NSPS was appropriate
.
Comments were also received by the Illinois EPA concerning the operator training and
qualification portion of the proposed rule . One commentor was concerned that some hospitals
might find it difficult to have a trained and qualified operator on-site at all times the HMIWI is
operating because of staffing issues and the associated expense that may be incurred
.
These comments suggested that the Illinois EPA consider going back to the original
EG/NSPS requirement that only mandates that a "fully trained and qualified HMIWI operator" is
available either on-site or within one hour. As explained in more detail above, the Illinois EPA
believes that requiring a trained and qualified operator on-site at all times the HMIWI is
operating is appropriate and believes this approach is consistent with U.S. EPA's mandate. As
the EG/NSPS requires training and criteria to assure that HMIWI operators are qualified, U
.S .
EPA has apparently determined that HMIWI operation merits this level of concern . Illinois EPA
believes that a trained and qualified operator is more useful to the regulated entity if on-site
during HMIWI operation. Illinois EPA also believes that the elements needed to be deemed a
qualified operator are not particularly onerous and afford an owner or operator of an HMIWI the
opportunity to train more than one individual to fulfill this role
.
The Illinois EPA also received comments concerning how operators that had been trained
to operate HMIWIs according to different training programs, possibly in other states, would be
able to work as operators in Illinois . The Illinois EPA believes that, as States go through the
25
process of implementing the EG, most of these States will require operators to meet at least the
minimum training requirements set forth in the EG. Consequently, the Illinois EPA believes that
an individual that has become a trained and qualified operator according to another State's EG
implementing regulations will meet Illinois' requirements as well
.
VIII. THE ILLINOIS EPA'S PROPOSAL
The Illinois EPA proposes to add a new Part 229 to Title 35 of the Illinois Administrative
Code that will regulate the operations of HMIWIs in Illinois . The proposed Part 229 includes 12
subparts, which are : the general provisions, including definitions; applicability ; compliance
schedules; CAAPP permit requirements; emission limits; exceptions from emission limits
;
methods and procedures for performance testing ; compliance requirements ; operator training ;
waste management plans; and recordkeeping and reporting requirements .
A .
Subpart A :
General Provisions
This Subpart contains incorporations by reference, abbreviations, and the definitions that
the Illinois EPA has developed for this proposal
.
1 .
Section 229.100
Abbreviations
The Illinois EPA proposes to add a Section that lists those abbreviations used in Part 229
.
2 .
Section 229 .102
Definitions
The Illinois EPA proposes to add a number of definitions to the Board's rules within this
proposed new Part. The Illinois EPA has chosen to include most of the definitions for terms
used in this regulatory proposal within this new Part 229, rather than as amendments to existing
Part 211
("Definitions')
.
26
The Illinois EPA's reason for including the definitions for terms used within Part 229, as
a section within this Part, was based on its belief that the proposed Part 229 regulations will
create new regulatory obligations for classes of facilities that have not previously been subject to
air pollution regulations . Therefore, in order to better inform sources of their obligations under
this new Part 229, the Illinois EPA felt that the definitions should be included in the same Part as
the substantive requirements. Furthermore, the Illinois EPA anticipates that this approach is
warranted because the definitions that will be added to the Board's regulations as a result of this
regulatory proposal will only be referred to by sources that are regulated under this Part. Most of
the definitions contained in this regulatory proposal are technical in nature and are used to
describe the various modes and features of HMIWI operations . However, some of the definitions
in this regulatory proposal are used to define the types of waste that are generated within
medical, veterinary, mortuary, and pharmaceutical environments and institutions . Consequently,
the Illinois EPA is concerned that the owners and operators of these incinerators may be
unfamiliar with the structure of the existing rules
.
The definitions proposed in Section 229.102 apply only to Part 229. Where other Sections
in the Act or 35 Ill. Adm. Code Parts 201 or 211 contain a definition for the same word, the
definition in Section 229 .102 takes precedence. But, where there is no definition for a word in
Section 229.102, the definitions in Section 39 .5 of the Act, 35111. Adm. Code 201 .102 and Part
211 apply .
The Illinois EPA's proposal for Section 229 .102 reflects the definitions in the EG/NSPS
for HMIWIs. The proposal contains substantially identical definitions, except in the instances
discussed below. Since many of the definitions are identical to the EG/NSPS, the following
section describes only those definitions that vary from the federal regulations in a significant
27
way, those definitions that are central to the HMIWI proposal, and those definitions that are not
necessarily clear from a quick review .
a. Body fluids
This definition is largely the same as the EG/NSPS definition, with the inclusion of some
minor grammatical revisions, and has been included for the convenience of the reader .
b. Charge
This definition was not included in the EG/NSPS, and was added to the regulatory
proposal in order to clarify certain other definitions within proposed Section 229 .102, as well as
to clarify references in certain portions of the proposed regulatory text . Charge is defined as
placing waste into an HMIWI for incineration.
c. Co-fired combustor
This definition is the same as the EG/NSPS definition . If an HMIWI combusts 10
percent or less hospital waste or medical/infectious waste in the aggregate, as measured on a
calendar quarter basis, then the HMIWI is exempt from most of the requirements under proposed
Part 229, except minimal record keeping and reporting requirements .
d. Facilities manager
This definition is the same as the EG/NSPS definition . This definition describes the title
ofan individual that is instrumental in the administration, oversight, or management of an
HMIWI. Under these regulations, the person who acts in the capacity of the "facilities manager"
is required to certify and sign documents that are submitted to the Illinois EPA under the
reporting provisions of proposed Part 229 .
e. Hospital
This definition is the same as the EG/NSPS definition, and is instrumental in defining
28
what facilities are required to implement a waste management plan, according to Subpart K of
this proposal and which facilities generate hospital waste . The term has been broadly defined to
include facilities with at least 6 inpatient beds, where the primary function is to provide
diagnostic and therapeutic patient services primarily to patients who stay more than 24 hours
.
Nursing homes are excluded from this definition .
f. Hosital/medical/infectious waste incinerator
This definition is the same as the EG/NSPS definition, and, as an initial matter, defines
the class of incinerators that this regulatory proposal is intended to control . There are three
operational types of hospital and medical/infectious waste incinerators : batch, continuous, and
intermittent. Batch HMIWIs are distinguished by the inability to charge additional waste while
the incinerator is in the combustion phase . Both continuous and intermittent HMIWIs allow
waste to be added during combustion, but are distinguished by the fact that ash can be removed
from a continuous HMIWI during combustion, while no ash can be removed from an intermittent
HMIWI during combustion .
g. Hospital waste
This definition is the same as the EG/NSPS definition, and describes one of the two waste
types whose combustion in an incinerator is subject to requirements under the proposed Part 229
.
Hospital waste is defined as any waste generated at a hospital which is not returned to the
manufacturer, but it does not include human corpses or body parts intended for interment or
cremation .
h. Large HMIWI
This definition is the same as the EG/NSPS definition. Three different size categories for
HMIWI are established under this regulatory proposal : small, medium and large. The difference
29
between these categories is based upon a calculation of either a HMI WI's designed waste burning
capacity or its maximum charge rate .
i. Malfunction
This definition is initially the same as the EG/NSPS definition. However, the definition
of this term in the regulatory proposal has been abridged from the definition that was used for
this term in the EG/NSPS because some of the more substantive regulatory requirements found
in the EG/NSPS definition have been moved from the definition into the text of the regulatory
proposal itself In the EG/NSPS, the term was defined to include affirmative requirements
applicable to owners or operators of HMIWIs . The Illinois EPA found it more appropriate to
include these requirements in the main body of the rule that contains an affected facility's
obligations .
j. Medical/infectious waste
The term medical/infectious waste is defined to determine, in conjunction with the term
"hospital waste," which incinerators are addressed by the proposed rule. If an unit incinerates
any amount of medical/infectious or hospital waste, that unit is covered, to some extent, by the
proposed rule .
The term "medical/infectious waste" is comprehensive and includes both infectious and
non-infectious waste materials . Medical/infectious waste is defined as 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 and includes, generally
:
•
Cultures and stocks of infectious agents and associated biologicals
•
Human pathological waste
•
Human blood and blood products
30
•
Intravenous bags
•
Used and unused sharps
•
Culture dishes
•
Glassware that has been in contact with infectious agents
•
Animal waste
•
Isolation Waste
If an incinerator combusts medical/infectious waste (or hospital waste), the proposed rule
will apply . Certain facilities that combust medical/infectious or hospital waste may be exempt
from the emissions control requirements of the rule based on the amount or type of waste
combusted. These facilities are covered by the proposed rule but are only required to maintain
records and report their status as exempt facilities
.
This definition is based on the EG/NSPS definition but differs in two notable ways . First,
the definition has been reworded to add clarity and to eliminate redundancies the Illinois EPA
noted in U.S. EPA's definition. For example, the EG/NSPS definition includes human blood and
blood products but also contains a list of items included under this category . The proposed rule
provides a more inclusive general description of blood related materials that would be covered by
the definition of medical/infectious waste and omits the list of items found in the EG/NSPS .
Illinois EPA believes that the definitions in the proposed rule have the same meaning as the
terms do in the EG/NSPS despite minor changes intended to provide greater clarity
.
Second, the EG/NSPS excludes human corpses, remains, and anatomical parts that are
intended for interment or cremation from the definition of medical/infectious waste
. This
exclusion would mostly capture crematoriums . As explained above, Illinois EPA omitted this
exclusion from the definition of medical/infectious waste in the proposed rule so that such
3 1
facilities would be treated like other pathological waste incinerators . Therefore, under the
proposed rule, pathological waste incinerators, including those that only cremate human corpses,
would only be required to provide notification of their exempt status and maintain records of the
waste combusted. Illinois EPA believes it is important to maintain a database of the
crematorium-type facilities excluded from the control requirements of the proposed rule . It is
perhaps more important that such facilities maintain records of the type of waste combusted to
ensure that this exemption is applicable
.
k. Pathological Waste
This definition is substantively the same as the definition for this term in the EG/NSPS .
However, it has been revised to incorporate some grammatical changes in order to clarify this
provision. Of note, sources are not subject to the emission limits in the proposed Part 229 during
periods when only this type of waste is being combusted
.
1. Primary chamber
This definition is the same as the EG/NSPS definition . HMIWIs are generally designed
to incorporate two chambers, the primary and the secondary . The primary chamber is that
portion of the HMIWI in which the waste material is ignited, and from which ash is removed,
while the secondary chamber is where the combustion process is completed .
m. Rural HMIWI
This term is not defined in the EG/NSPS, but has substantively the same meaning as the
EG concept of small HMIWI meeting a rural criteria and with limited weekly waste charging
activities. The Illinois EPA believes that including a definition in this section will enable the
regulated community to more clearly identify which requirements apply to small HMIWIs in
rural areas and which apply to all other small HMIWIs
.
32
n. Shutdown
This definition is initially the same as the EG/NSPS definition. However, the definition
of this term in this regulatory proposal has been abridged from the definition that was used for
this term in the EG/NSPS because some of the more substantive regulatory requirements that
were found in the EG/NSPS definition have been moved from the definition into the substantive
text of the regulatory proposal itself. As with the term "malfunction" in the EG/NSPS, shutdown
was defined to include affirmative requirements applicable to owners or operators of HMIWIs
.
The Illinois EPA found it more appropriate to include these requirements in the main body of the
rule that contains an affected facilities obligations
.
3 .
Section
229.104
Incorporations By Reference
The Illinois EPA proposes to add a Section listing the documents that are incorporated by
reference in this Part . Subsection (a) incorporates by reference "An Ounce of Prevention : Waste
Reduction Strategies for Health Care Facilities," by the American Society for Healthcare
Environmental Services, which was cited by the U.S. EPA in the EG/NSPS as an informational
resource for use when hospitals develop their waste management plan . Subsection (b)
incorporates by reference the United States Office of Management and Budget's, Bulletin No
.
93-17,
entitled "Revised Statistical Definitions for Metropolitan Areas," (June
30, 1993) .
This
bulletin lists the Standard Metropolitan Statistical Areas (SMSAs) in the United States, and
provides the reference points to be used when determining whether an HMIWI meets the
geographical criteria for rural HMIWI status. Subsection (c) incorporates by reference
40
CFR
Part 60 .8, which provides the criteria and standards to be used when conducting performance
tests pursuant to the provisions of this regulatory proposal . Subsection (d) incorporates by
reference the various test methods that are set forth in
40
CFR Part 60, Appendix A, that are to
33
be followed when conducting a performance test, pursuant to the provisions of proposed Part
229. Subsection (e) incorporates by reference 40 CFR Part 60, Appendices B and F, which
establish the performance and quality assurance standards to be followed when using continuous
emission monitoring systems .
B
.
Subpart B: Applicability
The Illinois EPA proposes to add a Subpart that sets out the applicability criteria under
the proposed rule, as well as the applicability exemptions
.
1
.
Section 229 .110
General Applicability
The Illinois EPA proposes to add a Section that would specify when a source is subject to
Part 229. This section meets the minimum elements required under the EG . Subsection (a)
provides that the provisions of this regulatory proposal would apply to all HMIWIs for which
construction commenced either on or before June 20, 1996 and which are not exempt from Part
229, or portions thereof, based on another provision in the Part
.
Subsection (b) provides that an owner or operator an HMIWI is only subject to certain
record-keeping requirements during periods when only pathological, chemotherapeutic, or low-
level radioactive waste are incinerated . This provision is intended to relieve HMIWI owners or
operators from having to follow the emission limit and other provisions of this regulatory
proposal when burning exempt waste types
.
Subsection (c) provides that an owner or operator an HMIWI that uses their incinerator
solely for the purpose of combusting pathological, chemotherapeutic, or low-level radioactive
waste is only required to comply with certain record-keeping and notification requirements
established under this regulatory proposal . In order for an HMIWI owner or operator to take
advantage of these limited requirements, they must provide notice certifying to the Illinois EPA
34
and U.S. EPA, that after the effective date of this regulatory proposal, they will only use their
HMIWI to burn exempt wastes .
Subsection (d) provides that an owner or operator an HMI WI may commit to operating
their HMIWI as a "co-combustor." This commitment would take the form of a permit condition,
and would prohibit the owner or operator from burning more than 10 percent hospital or
medical/infectious waste of the total volume of waste in their HMIWI . As a co-combustor, the
owner or operator of the HMIWI must initially notify Illinois EPA and U .S. EPA of its status
and, afterward, is only required to comply with certain recordkeeping requirements . The
notification to Illinois EPA may be in the form of a permit application requesting the limitations
needed to attain co-combustor status
.
Subsection (e) provides that any hospital that sends any part of its hospital or
medical/infectious waste off-site for incineration at an HMIWI must institute a waste
management plan at its facility
.
2 .
Section
229.112
Exemptions
The Illinois EPA proposes that five categories of sources be completely exempt from the
requirements of this regulatory proposal . These exemptions are based on the EG/NSPS and the
reasons for these exemptions are discussed, as applicable, in each subsection below
.
Subsection (a) exempts combustors from complying with the requirements of this
regulatory proposal if the combustor is already regulated under
42
U.S.C. Section
6925,
or the
regulations promulgated thereunder . Section
6925
addresses the permitting requirements for
hazardous waste treatment, storage or disposal facilities
.
Subsection (b) exempts all municipal waste combustors that meet the applicability
provisions for these combustors established under Subparts Cb, Ea, or EB of
40
CFR Part
60
3 5
from complying with proposed Part 229 . These units are exempt as they are already subject to
generally more stringent control requirements
.
Subsection (c) exempts any pyrolysis unit from complying with the requirements of this
regulatory proposal . Although pyrolysis units are designed to treat hospital and
medical/infectious waste, they do not use the same type of combustion process as HMIWIs
.
Consequently, it would not be practical to regulate these units under this regulatory proposal
.
Subsection (d) exempts all cement kilns from having to comply with the provisions of
this regulatory proposal, regardless of whether they might combust hospital or medical/infectious
waste. While cement kilns utilize a similar combustion technology as that used by HMIWIs,
they operate on a much larger scale and are more efficient in both their primary and secondary
combustion processes, and thus are exempt from the requirements of this regulatory proposal .
Subsection (e) exempts all HMIWIs from complying with the provisions of this
regulatory proposal if that HMIWI would be subject to the more stringent NSPS provisions that
were issued at the same time that U.S. EPA issued the EG requirements for existing HMIWIs
.
C .
Subpart C
:
Compliance Schedules
This Subpart describes the dates by which all HMIWIs
- whether they will continue to
operate or shut down
- must come into compliance with the applicable requirements of proposed
Part 229 .
1 .
Section 229 .115
Compliance Schedules for HMIWIs That Will Continue to Operate
Subsection (a) requires all owners or operators of HMIWIs that continue operating their
HMIWIs to be in full compliance with the provisions of this Part by September 15, 2000
.
Subsection (b) allows for an extended compliance time frame
- up to September 15, 2002
- provided that the owner or operator of the HMIWI submits an extended compliance schedule as
36
part of their CAAPP permit application . However, an owner or operator of an HMIWI that
wants to take advantage of this provision must submit their extended compliance schedule as a
component of their CAAPP application within six months of approval of this proposal by the
Board. The compliance schedule must contain documentation of the need for such an extension,
a final control plan for the facility, and the incremental steps that will be taken by the facility to
achieve compliance. In addition, the subsection lists five increments of progress that each
facility must meet by specific deadlines to take advantage of the extended compliance schedule
.
Subsection (c) provides an ultimate backstop date of September 15, 2002 by which all HMIWIs
who can not demonstrate compliance with this Part must shut down . Subsection (d) provides
that, regardless of whether the HMIWI comes into compliance under a normal or extended
compliance schedule, the provisions relating to qualification and presence on site of HMIWI
operators must be complied with by September 15, 2000
.
2 .
Section 229.116
Compliance Schedules for HMIWI That Will Shut Down
This Section provides the requirements that must be met when an owner or operator of an
HMIWI intends to shut their combustor down, as an alternative to complying with these
requirements .
Subsection (a) requires the owner or operator of an HMIWI that intends to shut down
operations to do so by September 15, 2000 and notify the Illinois EPA of their intent to do so
within 6 months of adoption of this proposal by the Board
.
Subsection (b) provides that in order to shut down an HMIWI in compliance with this
regulatory proposal, the owner or operator must take affirmative steps to render their HMIWI
permanently inoperable, such as welding shut the primary chamber door or dismantling the
HMIWI .
37
D .
Subpart D (Section 229 .120) : CAAPP Permit Requirements
This regulatory proposal requires all owners or operators of HMIWIs that have not
previously been required to apply for a CAAPP permit to do so. All HMIWIs that will be subject
to the emission limits under this regulatory proposal will need to apply for, and ultimately obtain,
a CAAPP permit in order to be able to continue operation . Sources will have to submit a
CAAPP permit application to the Illinois EPA by September 15, 2000 and will be granted an
application shield if their application is complete and has been timely submitted. If the source is
seeking an extended compliance schedule, as explained above, the CAAPP permit application
must be submitted within six months of the Board's approval of Part 229. Where a CAAPP
permit has already been issued for an HMIWI, if the permit has more than three years remaining
on its permit term, the HMIWI owner or operator must apply for a revision of their permit within
six months of the Board's adoption of this proposal. However, if there are less than three years
remaining on an HMIWI's CAAPP permit, then the CAAPP permit shall be revised upon
renewal of the permit to comply with Part 229 . These provisions are consistent with Section
39.5 of the Act.
See
415 ILCS 5/39.5(15) .
E .
Subpart E :
Emissions Limits
This Subpart establishes the emission limits that must be met by small, medium, and
large HMIWI, as well as rural HMIWI. The emission limits are the same as the limits prescribed
in the EG .
1 .
Section 229.125
Emission Limits for Small, Medium, and Large HMIWIs
The Illinois EPA is proposing to establish the emission limits that all non-exempt
HMIWIs would be required to meet, except for rural HMIWIs and except for the exemptions
from these limits provided for in Subpart F of this regulatory proposal . The emission limits for
3 8
the pollutants PM, CO, dioxin/furans, HCI, S0 2 , NOx, Pb, Cd, and Hg for the three sizes of
HMIWIs are displayed in tabular form . This section also limits emissions from these HMIWIs to
10 percent opacity
.
2 .
Section 229.126
Emission Limits for Rural HMIWIs
The Illinois EPA is proposing that HMIWIs that meet geographical criteria, criteria for
"small HMIWI" and burn 2,000 lb/week or less of hospital or medical/infectious waste are
permitted to comply the less stringent emission levels set forth in subsection (b) of Section
229.126. The emission limits for CO, SO2 and NOx are the same as those for small, medium,
and large HMIWIs; but less stringent limits are set for PM, dioxins/furans, HCI, Pb, Cd, and Hg
.
This section also limits emissions from rural HMIWIs to 10 percent opacity
.
F .
Subpart F :
Exceptions From Emission Limits
This Subpart contains provisions that provide that emission limits are not in effect during
certain periods of HMIWI operation, or during certain types of operational situations
.
1 .
Section 229.130
Operation During Periods of Startup, Shutdown, or
Malfunction
The Illinois EPA proposes adding a Section that provides that the emission limits under
Subpart E of this regulatory proposal are not in effect during periods of startup, shutdown, or
malfunction, as those terms are defined in proposed Section 229 .102. However, certain
requirements must be met in order to take advantage of this exemption .
Subsection (b) provides that no waste is to be charged to the HMIWI during startup,
shutdown, or malfunction periods in order for an HMIWI to be exempt from the emission limits
.
Subsection (c) establishes when the shutdown phase may begin for each of the three operational
types of HMIWI regulated under this proposal in order to be exempt from the emission limits in
39
Subpart E. Continuous HMIWIs may not shutdown less than two hours after the last charge to
the HMIWI. For intermittent HMIWIs, this limitation is at least four hours after the last charge
and for batch HMI WIs it is at least five hours after the high-air phase of combustion has been
completed. The high-air phase of combustion is the stage of the batch operating cycle when the
primary chamber is operated at maximum operating temperatures
.
Subsection (d) establishes certain requirements that HMIWI owners or operators must
follow during periods of malfunction, in order to minimize emissions from the incinerator, if
they want to take advantage of exemption from the emission limits . This section requires
reasonable attempts to operate the HMIWI within the site-specific operating parameters of that
HMIWI, monitoring of the parameters, and corrective action measures prior to resuming the
charging of waste to the HMIWI .
G .
Subpart G :
Methods and Procedures for Performance Testing
The Illinois EPA proposes to require that all HMIWIs meet certain performance testing
requirements. All HMIWI must conduct an initial performance test and test annually for opacity
.
Small, medium and large HMIWI must also conduct annual performance tests for other
pollutants, as explained below. This subpart establishes the methods and procedures to be
followed during performance tests. The testing requirements in the proposed rule are based on
the EG/NSPS but provide greater specificity for subject sources
.
1 .
Section 229 .140
Methods and Procedures for Performance Testing
Subsection (a) of proposed Section 229 .140 requires hospitals to provide the facilities
needed to conduct emissions testing as specified in 40 CFR §60 .8(e). Section 60.8 of Part 40 of
the federal code provides procedures for the testing of sources subject to new source performance
standards. The EG/NSPS requires state plan testing provisions to meet these federal
40
requirements. The facilities that must be provided are sampling ports, safe access to sampling
platforms and utilities for testing equipment
.
Subsection (b) specifies certain criteria that must be met during testing : the waste
charging rate that must be used, the composition of the waste that will be charged and accuracy
specifications for the weighing of waste charged . These provisions provide greater clarity to the
general testing requirements specified than the EG/NSPS
.
Subsections (c) and (d) require the owner or operator of an HMIWI to submit information
to the Illinois EPA prior to conducting performance testing and specifies the information that
must be included in test plans. Subsection (c) requires a test plan to be submitted at least 45 days
before performance testing is to be conducted that includes the following information : date of
the test, roster of testing personnel, description of test conditions and the HMIWI itself,
parameters and pollutants to be tested, and the quality assurance procedures that will be used
.
Subsection (d) also requires the owner or operator of an HMIWI to notify the Illinois EPA in
writing five days in advance of actually conducting the performance test. These specific
requirements for the submission of test plans and notification to the Illinois EPA do not originate
in the EG/NSPS. However, such plans are typically submitted to the Illinois EPA when testing is
conducted, usually in accordance with construction permit conditions. Illinois EPA included
these specific requirements in the proposed rule to provide uniformity and to provide more
thorough notification of applicable testing requirements to subject sources
.
Subsection (e) directs owners or operators of HMIWIs to Appendix C for testing
procedures and methods for each regulated pollutant . This appendix lists the testing methods and
procedures specified in the EG/NSPS, which rely on federal test methods
.
4 1
Subsection (f) allows the use of alternative testing methods if approved by the Illinois
EPA in a permit and also approved by U.S. EPA
.
Subsection (g) provides that the use of a bypass stack invalidates the results of the test
run. Bypass stacks are used as an alternative means of discharging combustion gases directly to
the atmosphere, usually circumventing air pollution control devices .
H
.
Subpart H :
Compliance Requirements for HMIWIs
This Subpart contains general compliance requirements for HMIWIs such as specifying
when performance tests should be conducted and requirements for monitoring emissions based
on EG/NSPS provisions .
1 .
Section 229.142
Initial Performance Testing and Establishment of Operating
Parameters
This section outlines the requirements for the initial performance test, which subsection
(a) states must be conducted by September 15, 2000 . Under subsections (b) and (c), small,
medium and large HMIWIs must test for all pollutants limited in the proposed rule, while rural
HMIWIs must test for all pollutants except for HCI, Pb and Cd . Subsection (d) provides that
HMIWIs equipped with specified control devices (i.e., a dry scrubber followed by a fabric filter,
a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber) must establish
their site-specific operating parameters during the initial performance test . The maximum and
minimum values that must be established are those identified in Appendix B of proposed Part
229. If an HMIWI is utilizing air pollution control equipment other than those devices specified
above, the initial performance test may not be conducted until the site specific operating
parameters to be tested for have been established in a construction permit (see subsection (e))
.
Subsection (f) requires rural HMIWIs to establish a maximum charge rate and a minimum
42
secondary chamber temperature during an initial performance test . All parameter values
obtained during the initial performance test are only valid if the test itself demonstrates
compliance with the applicable emission limits in Subpart E .
2
.
Section 229.144
Subsequent Performance Testing for All HMIWIs
This section provides for optional performance testing subsequent to the initial
performance test. It allows an owner or operator of any HMIWI to conduct a repeat test in order
to establish new parameter values for that HMIWI, though these values must also be approved by
the Illinois EPA as a permit condition . Subsection (b) also gives the Illinois EPA or U .S. EPA
authority to request a new performance test be conducted by the owner or operator of an HMIWI
at any time .
3
.
Section 229.146
Annual Testing for Opacity
This Section provides that annual testing for compliance with opacity limits must be
conducted on all HMIWIs (small, medium, large and rural) . After the initial performance test
has been conducted, the annual opacity test must be conducted by September 15 of each year
.
4 .
Section 229.148
Annual Performance Testing for Small, Medium, and Large
HMIWIs
This section specifies the annual performance testing requirements for small, medium and
large HMIWI and for pollutants other than opacity . Following completion of the initial
performance test, these HMIWIs must be tested annually (by September 15 of each year) for PM,
CO and HCI. Subsection (a) provides that if all three performance tests over a three year period
indicate compliance for PM, CO or HCI, the owner or operator of the HMIWI may forego testing
for that pollutant for the next 2 years . If the test conducted in the third year continues to indicate
compliance for that pollutant, this owner or operator may again forego testing for the next two
43
years. Subsection (b) provides that if any of these performance tests indicate non-compliance
(either an annual test or the test conducted following two years without a testing requirement),
the owner or operator must retest annually until three consecutive years reveal clean data for that
pollutant before they are again permitted to skip years of performance testing. Rural HMIWI are
not subject to these annual performance test requirements
.
5
.
Section 229.150
Compliance with Operating Parameter Values
This Section provides that, following completion of the initial performance test, an
HMIWI shall not operate above the maximum or below the minimum operating parameter values
listed in Appendix B . Appendix B specifies the operating parameters that must be established
and subsequently monitored based on the type of control equipment used by the HMIWI
.
This Section also provides that these parameters must be measured at all times, except
during startup, shutdown, malfunction, or performance testing . The parameters are to be
calculated each hour as three-hour rolling averages over the previous three operating hours . The
control equipment addressed in Appendix B of the proposed rule are a dry scrubber followed by
a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter along with a wet
scrubber. For batch HMIWIs, the charge rate is measured for each batch
.
6 .
Section 229.152
Compliance Requirements for HMIWIs using CEMS
This section allows the use of continuous emission monitoring systems (CEMS) as an
alternative to annual testing . If the owner or operator of a HMIWI elects to use CEMS,
compliance with emissions limits will be determined as a 12 hour rolling average and must
comply with the procedures found in 40 CFR Part 60, Appendices B and F . Appendix B in 40
CFR Part 60 of the federal code provides specifications for continuous emissions monitoring in
general, and for continuous emissions monitoring to measure specific pollutants . The owner or
44
operator of the HMIWI should reference both the general CEMS procedures and the procedures
specific to the pollutant(s) for which the CEMS is being employed . Appendix F provides quality
assurance requirements for gas CEMS .
7
.
Section 229.154
Violations by HMIWIs Equipped with a Dry
Scrubber Followed by a Fabric Filter
This section applies to HMIWIs equipped with a dry scrubber followed by a fabric filter
and provides that simultaneous operation above certain maximum or below certain minimum
operating parameter values, measured on three hour rolling averages, constitutes a violation of
the emission limits for given pollutants . Namely, operation above the maximum charge rate and
below the minimum secondary chamber temperature (simultaneously) is a violation of the CO
emission limit; operation above the maximum fabric filter inlet temperature, above the maximum
charge rate and below the minimum dioxin/furan sorbent flow rate (simultaneously) is a violation
of the dioxin/furan emission limit; operation above the maximum charge rate and below the
minimum HCl sorbent flow rate (simultaneously) is a violation of the HCI limit ; and operation
above the maximum charge rate and below the minimum Hg sorbent flow rate (simultaneously)
is a violation of the Hg emission limit. In addition, subsection (e) provides that use of the bypass
stack, other than during startup, shutdown, or malfunction, is a violation of the PM, dioxin/furan,
HCI, Pb, Cd, and Hg emission limits .
8
.
Section 229.156
Violations by HMIWIs Equipped with a Wet Scrubber
This section applies to HMIWIs equipped with a wet scrubber and provides that
simultaneous operation above certain maximum or below certain minimum operating parameter
values, measured on three hour rolling averages, constitutes a violation of the emission limits for
given pollutants. Namely, operation above the maximum charge rate and below the minimum
45
pressure drop across the wet scrubber or below the minimum horsepower amperage to the system
(simultaneously) is a violation of the PM emission limit ; operation above the maximum charge
rate and below the minimum secondary chamber temperature (simultaneously) is a violation of
the CO emission limit; operation above the maximum charge rate, below the minimum
secondary chamber temperature, and below the minimum scrubber liquor flow rate
(simultaneously) is a violation of the dioxin/furan emission limit ; operation above the maximum
charge rate and below the minimum scrubber liquor pH (simultaneously) is a violation of the
HCl limit; and operation above the maximum flue gas temperature and above the maximum
charge rate (simultaneously) is a violation of the Hg emission limit . In addition, subsection (f)
provides that use of the bypass stack, other than during startup, shutdown, or malfunction, is a
violation of the PM, dioxin/furan, HCI, Pb, Cd, and Hg emission limits
.
9 .
Section 229.158
Violations by HMIWIs Equipped with a Dry Scrubber
Followed by a Fabric Filter and a Wet Scrubber
This section applies to HMIWIs equipped with a dry scrubber followed by a fabric filter
and a wet scrubber, and provides that simultaneous operation above certain maximum or below
certain minimum operating parameter values, measured on three hour rolling averages,
constitutes a violation of the emission limits for given pollutants. Namely, operation above the
maximum charge rate and below the minimum secondary chamber temperature (simultaneously)
is a violation of the CO emission limit ; operation above the maximum fabric filter inlet
temperature, above the maximum charge rate and below the minimum dioxin/furan sorbent flow
rate (simultaneously) is a violation of the dioxin/furan emission limit ; operation above the
maximum charge rate and below the minimum scrubber liquor pH (simultaneously) is a violation
of the HCI limit; and operation above the maximum charge rate and below the minimum Hg
46
sorbent flow rate (simultaneously) is a violation of the Hg emission limit . As in the previous
Sections, subsection (e) provides that use of the bypass stack is a violation of the PM,
dioxin/furan, HCI, Pb, Cd, and Hg emission limits
.
10 .
Section
229.160
Compliance Requirements for Rural HMIWIs
This section provides compliance requirements specific to rural HMIWIs . Following the
date initial performance testing is completed (or required to by completed by Part
229)
operation
of a rural HMIWI above a maximum charge rate or below a minimum secondary chamber
temperature value is a violation of the rule (except during periods of startup, shutdown, or
malfunction) . Additionally, simultaneous operation of a rural HMIWI above the maximum
charge rate and below the minimum secondary chamber temperature will be a violation of PM,
CO and dioxin/furan emissions limits
.
11
.
Section
229.162
Inspection Requirements for Rural HMIWIs
The Illinois EPA is proposing a Section to establish certain inspection requirements for
the owners of rural HMIWIs based on the EG requirements . These inspections would be in lieu
of the annual performance testing requirements for all other HMIWIs, except that rural HMIWIs
are still subject to annual opacity testing . This regulatory proposal requires that an initial
inspection be performed by September 15,
2000 .
Annual inspections are then required, and must
be performed by September 15 of each succeeding year. Each inspection consists of a minimum
of
16
different steps
.
Subsection (c) requires that the HMIWI owner or operator document that the incinerator
is operating properly in the bum cycle immediately following the inspection . Subsection (e)
requires that any needed repairs identified during the inspection shall be completed within 10
47
days of the inspection, unless the owner or operator requests, and receives, written permission for
additional time
.
12
.
Section 229.164
Optional Performance Testing to Address Actual or
Potential Violations
This Section allows owners or operators of HMIWIs that have exceeded a parameter
value to conduct another performance test within 30 days of the exceedance in order to
demonstrate that the HMIWI was not in violation of the applicable emission limits. The test
must use the same operating parameter values that was exceeded ; notify the Illinois EPA in
writing 21 days in advance of the optional test (notify Illinois EPA in writing of intent to proceed
with the test five days in advance of the test) ; and use the same test plan used for the performance
test in which the parameter values was established
.
I .
Subpart I: Monitoring Requirements for All HMIWIs
This Subpart of the proposed Part 229 highlights the monitoring requirements for small,
medium, large and rural HMIWIs
.
1 .
Section 229.166
Monitoring Requirements for Small, Medium and Large HMIWIs
This Section establishes the monitoring requirements that are applicable to small,
medium, and large HMIWIs . Subsection (a) requires continuous monitoring of the site-specific
operating parameters once they have been established in the initial performance test . Subsection
(c) requires monitoring of the maximum and minimum operating parameters listed in Appendix
B at the frequencies outlined in Appendix B at all times the HMIWI is in operation and
monitoring of the use of the bypass stack . If unspecified control equipment are used, the
equipment must be maintained in a manner to enable monitoring of the site-specific operating
parameters outlined in the construction permit. In addition, monitoring data must be recorded
48
for at least 75 percent of the operating hours per day and 90 percent of the operating days per
calendar quarter .
2 .
Section 229.168
Monitoring Requirements for Rural HMIWIs
Rural HMIWIs must monitor the temperature of the secondary chamber at least once
every minute of operation. They also must record the date, time, and weight of each charge fed
into the HMIWI. Monitoring data must be recorded during all periods of operation and must at a
minimum record valid data for 75 percent of the operating hours per day and 90 percent of the
operating hours per calendar quarter. Rural HMIWI are subject to less extensive monitoring
requirements since rural HMIWI will not need to use emissions control equipment to meet the
applicable emissions limits .
J .
Subpart J :
Requirements for HMIWI Operators
This Subpart provides for the training of personnel who will be operating the HMIWIs
regulated by proposed Part 229. It also requires the presence of a trained operator on site at all
times the HMIWI is in operation, and places certain requirements for reference documents that
must be maintained on site to be available for review by the HMIWI operators
.
1 .
Section 229.170
Operator Training and Qualification Requirements
Subsection (a) prohibits operation of an HMIWI beyond September 15, 2000 unless a
"trained and qualified" operator is on-site to operate the HMIWI or supervise its operation . As
explained above, this requirement differs from the minimum prescribed in the EG
. In order to
become "trained and qualified" this proposal requires a person complete a training program, pass
an exam, and have six months experience as an HMIWI operator or complete two burn cycles
under the observation of two trained and qualified operators (subsection
(b)) .
49
An acceptable training program must consist of at least 24 hours of instruction in work
safety procedures, pre-startup procedures, environmental concerns, combustion principles,
operation of the same type of incinerator, combustion controls and monitoring, operation of air
pollution control equipment, methods of monitoring pollutants, inspection and maintenance,
corrective measures to remedy malfunctions, proper handling of bottom and fly ash,
recordkeeping procedures, and applicable regulations and offer an examination and reference
materials (subsection (c)) .
Subsection (e) provides that operator qualification is valid from the date both the
examination has been passed and the experience requirements are completed. Maintenance of
operator training qualifications are discussed in subsection (f) . This provision requires a four
hour annual review course with anexam. Ifan operator's qualifications lapse for less than three
years, they can be reinstated by taking and passing the annual review course ; after three years or
longer the operator must retake the training course .
2 .
Section 229.172
Documentation To Be Maintained On-Site for Employees
Using HMIWIs
This section requires owners and operators of HMIWIs to maintain, in a readily
accessible location on site, certain classes of reference materials for use of the HMIWI operators
and to provide for annual review of such materials by all employees that operate the HMIWI
.
The initial review must be conducted by September 15, 2000 or prior to assuming responsibility
for operating the HMIWI (whichever is later)
.
K
Subpart K :
Waste Management Plan Requirements
This subpart explains the requirements of the waste management plans that must be
50
drafted and submitted by all hospitals and the information that must be distributed by
commercial HMIWIs to their customers
.
1 .
Section 229 .176
Waste Management Plan Requirements for Hospitals using On-site
Incinerators
This section explains the components of the waste management plans that must be
created by hospitals using on-site incinerators and submitted to the Illinois EPA . Primarily, a
plan must outline the "technically and economically feasible policies and practices for reducing
the amount and toxicity of hospital and medical/infectious waste incinerated at the hospital
.
Prior to development of the waste management plan, these hospitals are required to make an
assessment of their current waste management practices . Subsection (c) lists the minimum
measures that must be considered . Hospitals are allowed to incorporate previously developed
waste management plans into this plan under subsection (d)
. Waste management plans are to be
submitted to the Illinois EPA by these hospitals at the same time as its site-specific operating
parameters are reported, and must be updated every five years along with renewal of the CAAPP
permit. Each such hospital must also submit an annual waste management progress report to the
Illinois EPA along with its annual emissions report which includes : description of progress
made toward the goals of the plan, a summary of waste management practices that were
implemented, and any amendments to the plan. Subsection (f) requires the hospital to make the
waste management plan and the annual progress report available for public review
.
2 .
Section 229.178
Waste Management Plan Requirements for Hospitals Transporting
Waste Off-Site to an HMIWI
This Section outlines the waste management plan requirements for hospitals that transport
their waste to an off-site HMIWI . These hospitals are only required to conduct an assessment of
current waste management practices and consider additional technically and economically
5 1
feasible measures by September 15, 2000. Subsection (b) lists the minimum practices that must
be considered. These include : segregation of waste streams, phasing out products containing
toxic materials, reusing or reducing products or packaging, collecting recyclables, and improving
inventory control and housekeeping practices . Like those hospitals that incinerate waste on-site,
these hospitals must also submit an annual waste management progress report to the Illinois
EPA. The first report must be submitted within one year of the initial assessment . As explained
above, this requirement is not addressed in the EG/NSPS, but was included in the proposed rule
to more equitably address pollution derived from incineration of hospital/medical/infectious
waste .
3 .
Section 229.180
Waste Management Requirements for HMIWIs Accepting
Waste Generated Off-Site
This section places a requirement on HMIWIs accepting off-site waste to provide
information annually to their customers regarding availability of practices to reduce volume and
toxicity of waste to be incinerated and to maintain copies of the materials disseminated to be
made available to the Illinois EPA upon request . This Section addresses the waste management
plan provisions in the EG/NSPS, which require state plans to devise waste management
strategies for all incinerators subject to emission limits under the regulations
.
See 40
CFR
§60.55c .
L .
Subpart L
:
Recordkeening and Reporting Requirements
This Section outlines the recordkeeping and reporting requirements for affected HMIWIs .
1 .
Section 229.182
Recordkeeping Requirements
Subsection (a) of this Section identifies the recordkeeping requirements for all HMIWIs
52
subject to the emission limitations of this Part . These sources must maintain the calendar date of
each record; data regarding concentrations of regulated pollutants, charge rates, pollution control
devices and procedures, uses of the bypass stack, and operating parameter data ; data regarding
failures to record required data, malfunctions, and exceedances ; results of performance tests
;
calibration records; and identification of all qualified HMIWI operators. HMIWIs which claim
an exemption from the emission limits for certain time periods when only pathological, low-level
radioactive, or chemotherapeutic waste is being incinerated must keep records of the calendar
date and duration of these exempt periods under subsection (b)
. If an HMIWI claims exemption
because only pathological, low-level radioactive, or chemotherapeutic waste is burned at all
times, the owner or operator must keep records which demonstrate this under subsection (c). Co-
fired combustors must keep records of the relative weight of hospital or medical/infectious waste
and other fuels or waste combusted under subsection (d)
.
Rural HMIWIs must maintain records
of annual inspections under subsection (e) . All of the above records must be kept for five years
and made available to the Illinois EPA upon request .
2
.
Section 229.184
Reporting Requirements
Subsection (a) requires the facilities manager and the responsible official to certify each
required report. Responsible official is a term germane to the CAAPP and is defined in Section
39.5 of the Act (415 ILCS 5/39.5). The facilities manager and responsible official could be the
same person. If not, two signatures would be required to remain consistent with both the
EG/NSPS and the CAAPP requirements. Results of performance tests must be submitted within
60 days of conducting the test. Beginning in 2001, annual reports must be submitted by
September 15 of each year. Once the CAAPP permit is issued to the HMIWI, they must be
submitted semi-annually within 60 days of March 15 and September 15 of each year . Subsection
53
(c) lists the information that must be included in the report . Rural HMIWIs are essentially
subject to the same reporting requirements (see subsection (e)) .
M .
Section 229 .Appendix A
This Appendix contains the Toxic Equivalency (TEQ) factors to be used to determine
compliance with the dioxin/furans standards
.
N
.
Section 229.Apnendix B
This Appendix contains charts with the operating parameters that must be monitored as
well as the minimum frequencies of measurement and recording. This Appendix applies to
HMIWIs (small, medium and large) equipped with the specific control equipment U.S. EPA
anticipates will be needed to meet the relevant emission limits
.
O .
Section 229.Appendix C
This Appendix explains the reference test methods and procedures to be used when
conducting performance testing under proposed Part 229. This Appendix is consistent with the
test methods and procedures prescribed by the EG/NSPS . Alternative test methods may be used
only if approved by Illinois EPA and U .S. EPA .
IX .
CONCLUSION
For the reasons set forth above, the Illinois EPA respectfully requests that the Board
adopt proposed Part 229 for the State of Illinois pursuant to Section 28 .5 of the Act (415 ILCS
5/28.5) .
54
Dated: November 24, 1998
P.O. Box 19276
Springfield, Illinois 62794-9276
Respectfully submitted,
Illinois Environmental Protection Agency
by :
5 5
B nnie R .
wye
sistant Counsel
Division of Legal Counsel
