R99-10.PDF

ILLINOIS POLLUTION CONTROL BOARD

December 3, 1998

IN THE MATTER OF:

)

HOSPITAL/MEDICAL/INFECTIOUS

) R99-10

WASTE INCINERATORS:

) (Rulemaking - Air)

ADOPTION OF 35 ILL. ADM. CODE 229

)

Proposed Rule. First Notice.

OPINION AND ORDER OF THE BOARD (by R.C. Flemal):

On November 30, 1998, the Illinois Environmental Protection Agency (Agency) filed a

proposed addition of a new part to the Board’s air rules: 35 Ill. Adm. Code 229,

Hospital/Medical/Infectious Waste Incinerators. The rule would establish requirements for

the control of emissions from the incineration of hospital, medical, and infectious waste.

The adoption by the Board of this new part is authorized under Section 28.5 of the

Environmental Protection Act (Act) (415 ILCS 5/28.5 (1996)). Section 28.5 provides for

“fast-track” adoption of certain regulations necessary for compliance with the Clean Air Act

Amendments of 1990 (CAA) (42 U.S.C. 7401-76719 (1990)).

Section 111(d) of the CAA requires that States submit a plan for the control of

emissions from any source for which the United States Environmental Protection Agency

(USEPA) has promulgated a performance standard. The USEPA has promulgated new source

performance standards (NSPSs) and emission guidelines (EGs) to reduce emissions from

hospital, medical, and infectious waste incinerators (HMIWIs). 40 C.F.R. 60.50c-60.58c,

60.30e-60.39e. The NSPSs apply to HMIWIs for which construction began after June 20,

1996, or for which a modification is begun after March 16, 1998. The EGs apply to existing

HMIWIs, or rather, ones for which construction began on or before June 20, 1996. Unlike

the NSPSs, the EGs do not establish standards for HMIWIs, but rather mandate states to adopt

plans regulating existing HMIWIs and establish minimum elements required in these state

plans.

The extent to which an HMIWI will be covered by the regulations depends on the types

and percentages of waste that are actually incinerated in the HMIWI. To meet the emission

limits in the proposal, owners or operators of HMIWIs will, in most cases, have to install at

least some form of add-on pollution control device to their incinerators. Certain source types

are excluded from this rule. Those sources include incinerators that are already permitted

under §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 NSPSs.

The 12 subparts of the proposal are the general provisions, applicability, compliance

schedules, Clean Air Act Permit Program 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.

PROCEDURAL MATTERS

Along with the proposal, the Agency filed a motion to waive the requirement that the

Agency provide the original and nine copies of the proposal and instead file one complete

original, three complete copies, and six partial copies, the latter consisting of pleadings and the

proposed rules absent supporting exhibits. The Agency maintains that the entire regulatory

proposal consists of over 1,000 pages. The Agency also filed a motion to waive the

requirement that it provide the Attorney General’s Office and the Department of Natural

Resources with a copy of the proposed amendments. The Agency asserts that it discussed the

matter with both offices who agreed that the Agency need not supply their offices with a copy

of the entire proposal. Also, the Agency requests that it be required to submit only three

copies of two items incorporated by reference, namely an article from the American Society

for Healthcare Environmental Services entitled, “An Ounce of Prevention: Waste Reduction

Strategies for Health Care Facilities,” and an OMB Bulletin article entitled “Revised Statistical

Definitions for Metropolitan Areas.”

The Agency also requests that it not be required to provide the Board with multiple

copies of all documents relied on in development of the proposal and intended to be relied on

at hearing. The Agency instead would provide the Board with three copies of each document

listed in subheading 14(c) of the table of contents. The Agency requests that the Board grant

the Agency a waiver as to items (a) - (h) (the Clean Air Act, the Environmental Protection

Act, Title 35 of the Illinois Administrative Code, AP-42 5th Edition, BNA Environment

Reporter, and 3 volumes of the C.F.R.), asserting that the documents are readily accessible to

the Board. The Board hereby grants the Agency’s motion in part, and denies it in part. The

Board orders the Agency to file an original and four copies of the proposal in its entirety,

rather than only three copies. Four copies would allow each of the Board’s four offices to

maintain a copy. The remainder of the motion is granted.

Pursuant to Section 28.5 of the Act (415 ILCS 5/28.5 (1996)), the Board is required to

proceed within set timeframes toward the adoption of the regulation. The Board has no

discretion to adjust these timeframes under any circumstances. Today the Board sends this

proposal to first notice under the Illinois Administrative Procedure Act (5 ILCS 100 (1996))

without commenting on the merits of the proposal. The following schedule indicates the dates

on which the Board will act as provided in Section 28.5 of the Act (415 ILCS 5/28.5 (1996)):

First Notice

on or before December 14, 1998

First Hearing

on or before January 25, 1999

Second Hearing

on or before February 17, 1999

Third Hearing (if necessary)

on or before March 3, 1999

Second Notice

(if 3rd hearing is canceled)

on or before April 9, 1999

(if 3rd hearing is held)

on or before April 29, 1999

Final Adoption

21 days after receipt of JCAR

certificate of no objection

The second hearing will include economic impact considerations, in accord with Public Act

90-489, effective January 1, 1998. The third hearing may be canceled if unnecessary, as

specified at Section 28.5(g)(3). The Board will proceed in this matter as required by Section

28.5 of the Act (415 ILCS 5/28.5 (1996)) and as discussed in the Board’s resolutions

regarding Section 28.5 of the Act. See RES 92-2 (October 28, 1992, and December 3, 1992).

ORDER

The Board directs the Clerk to cause the filing of the following with the Secretary of

State for first notice publication in the

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY

SOURCES

PART 229

HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

SUBPART A: GENERAL PROVISIONS

Section

229.100

Abbreviations

229.102

Definitions

229.104

Incorporations by Reference

SUBPART B: APPLICABILITY

Section

229.110

General Applicability

229.112

Exemptions

SUBPART C: COMPLIANCE SCHEDULES

Section

229.115

Compliance Schedules for HMIWIs That Will Continue to Operate

229.116

Compliance Schedules for HMIWIs That Will Shut Down

SUBPART D: CAAPP PERMIT REQUIREMENTS

Section

229.120

CAAPP Permit Requirements

SUBPART E: EMISSION LIMITS

Section

229.125

Emission Limits for Small, Medium, and Large HMIWIs

229.126

Emission Limits for Rural HMIWIs

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Section

229.130

Operation During Periods of Startup, Shutdown, or Malfunction

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section

229.140

Methods and Procedures for Performance Testing

SUBPART H: COMPLIANCE REQUIREMENTS

Section

229.142

Initial Performance Testing and Establishment of Operating Parameters

229.144

Subsequent Performance Testing for All HMIWIs

229.146

Annual Testing for Opacity

229.148

Annual Performance Testing for Small, Medium and Large HMIWIs

229.150

Compliance with Operating Parameter Values

229.152

Compliance Requirements for HMIWIs Using CEMS

229.154

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric

Filter

229.156

Violations by HMIWIs Equipped with a Wet Scrubber

229.158

Violations by HMIWIs Equipped with a Dry Scrubber Followed by a Fabric

Filter and a Wet Scrubber

229.160

Compliance Requirements for Rural HMIWIs

229.162

Inspection Requirements for Rural HMIWIs

229.164

Optional Performance Testing to Address Actual or Potential Violations

SUBPART I: MONITORING REQUIREMENTS

Section

229.166

Monitoring Requirements for Small, Medium, and Large HMIWIs

229.168

Monitoring Requirements for Rural HMIWIs

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Section

229.170

Operator Training and Qualification Requirements

229.172

Documentation To Be Maintained On-Site for Employees Operating HMIWIs

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section

229.176

Waste Management Plan Requirements for Hospitals Using On-Site Incinerators

229.178

Waste Management Plan Requirements for Hospitals Transporting Waste Off-

Site to an HMIWI

229.180

Waste Management Requirements for HMIWIs Accepting Waste Generated Off-

Site

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Section

229.182

Recordkeeping Requirements

229.184

Reporting Requirements

Appendix A

Toxic Equivalency (TEQ) Factors

Appendix B

Operating Parameters to Be Monitored and Minimum Measurement and

Recording Frequencies

Appendix C

Reference Test Methods and Procedures for Performance Tests

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

Environmental Protection Act (415 ILCS 5/10, 27, 39 and 39.5)

SOURCE: Adopted at _____ Ill. Reg. __________, effective _________________________.

SUBPART A: GENERAL PROVISIONS

Section 229.100

Abbreviations

The following abbreviations have been used in this part:

Act

Illinois Environmental Protection Act (415 ILCS 5/1 et seq.)

Agency

Illinois Environmental Protection Agency

Board

Illinois Pollution Control Board

Btu

British thermal units

CAAPP

Clean Air Act Permit Program (415 ILCS 5/39.5)

CEMS

Continuous Emissions Monitoring System

carbon monoxide

cadmium

dscf

dry standard cubic foot

dscm

dry standard cubic meter

cubic feet

HCl

hydrogen chloride

mercury

HMIWI

hospital/medical/infectious waste incinerator

hour

lb(s)

pound(s)

milligrams

Nitrogen Oxide

lead

particulate matter

ppmv

parts per million by volume

Sulfur Dioxide

TEQ

toxic equivalency

USEPA

United States Environmental Protection Agency

Section 229.102

Definitions

The definitions contained in this Section apply only to the provisions of this Part. Unless

otherwise defined herein and unless a different meaning of a term is clear from its context, the

definitions of terms used in this Part shall have the meanings specified for those terms in 415

ILCS 5/39.5, 35 Ill. Adm. Code 201.102 or 35 Ill. Adm. Code 211.

“Batch HMIWI” means an HMIWI that is designed in such a way that neither waste

charging nor ash removal can occur during combustion.

“Biologicals” means preparations made from living organisms and their products,

including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or

treating humans or animals or in research pertaining thereto.

“Body fluids” means liquid emanating or derived from humans and limited to: blood;

dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids;

semen and vaginal secretions.

“Bypass stack” means an alternative stack used for discharging combustion gases to the

atmosphere primarily to avoid severe damage to an air pollution control device or other

equipment.

“Charge” means the act of placing waste into an HMIWI for incineration.

“Chemotherapeutic waste” means waste material resulting from the production or use

of antineoplastic agents used for the purpose of stopping or reversing the growth of

malignant cells.

“Co-fired combustor” means a unit combusting hospital waste or medical/infectious

waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an

enforceable requirement limiting the unit to combusting a fuel feed stream, of which 10

percent or less of the weight is comprised, in aggregate, of hospital waste and

medical/infectious waste as measured on a calendar quarter basis. For purposes of this

definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste

are considered "other" wastes when calculating the percentage of hospital waste and

medical/infectious waste combusted.

“Continuous emission monitoring system” or “CEMS” means a monitoring system for

continuously measuring and recording the emissions of a pollutant from an affected

facility.

“Continuous HMIWI” means an HMIWI that is designed to allow waste charging and

ash removal during combustion.

“Dioxins/furans” means the total emissions of any tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23,

incorporated by reference in Section 229.104(d) of this Subpart.

“Dry scrubber” means an add-on air pollution control system that injects dry alkaline

sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and

neutralize acid gases in an HMIWI exhaust stream, forming a dry powder material.

“Fabric filter” means an add-on air pollution control system that removes PM and

nonvaporous metals emissions by passing flue gas through filter bags.

“Facilities manager” means the individual in charge of purchasing, maintaining, and

operating an HMIWI, or the owner's or operator's representative responsible for the

management of an HMIWI. Alternative titles may include director of facilities or vice

president of support services.

“High air phase” means the stage of the batch operating cycle when the primary

chamber reaches and maintains maximum operating temperatures.

“Hospital” means any facility that has an organized medical staff, maintaining at least 6

inpatient beds and where the primary function of the facility is to provide diagnostic

and therapeutic patient services and continuous nursing care primarily to human

inpatients who are not related and who stay on average in excess of 24 hours per

admission. This definition does not include facilities maintained for the sole purpose of

providing nursing or convalescent care to human patients who generally are not acutely

ill but who require continuing medical supervision.

“Hospital/medical/infectious waste incinerator” or “HMIWI” means any device that

combusts any amount of hospital waste or medical/infectious waste.

“Hospital waste” means discards generated at a hospital, except unused items returned

to the manufacturer. The definition of hospital waste does not include human corpses,

remains, or anatomical parts that are intended for interment or cremation.

“HMIWI operator” means any person who operates, controls, or supervises the day-to-

day operation of an HMIWI.

“Infectious agent” means any organism that is capable of being communicated by

invasion and multiplication in body tissues and is also capable of causing disease or

adverse health impacts in humans.

“Intermittent HMIWI” means an HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

“Large HMIWI” means:

An HMIWI whose maximum design waste burning capacity is more than 500

lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate is more than

500 lbs per hour; or

A batch HMIWI whose maximum charge rate is more than 4,000 lbs per day.

“Low-level radioactive waste” means waste that contains radioactive nuclides emitting

primarily beta or gamma radiation, or both, in concentrations or quantities that exceed

applicable Federal or State standards for unrestricted release. Low-level radioactive

waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as

defined by the Atomic Energy Act of 1954 (42 U.S.C. §2014(e)(2)).

“Malfunction” means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, process equipment, or of a process to operate in a

normal or usual manner. Failures that are caused, in part, by poor maintenance or

careless operation are not malfunctions.

“Maximum charge rate” means:

For continuous and intermittent HMIWI, 110 percent of the lowest 3-hour

average charge rate measured during the most recent performance test

demonstrating compliance with all applicable emission limits specified in

Subpart E of this Part.

For batch HMIWI, 110 percent of the lowest daily charge rate measured during

the most recent performance test demonstrating compliance with all applicable

emission limits specified in Subpart E of this Part.

“Maximum design waste burning capacity” means:

For intermittent and continuous HMIWI,

C=P

x 15,000/8,500

Where:

C=HMIWI capacity, lb/hr

=primary chamber volume, ft

15,000=primary chamber heat release rate factor, Btu/ft

/hr

8,500=standard waste heating value, Btu/lb;

For batch HMIWI, C=P

x 4.5/8

Where:

C=HMIWI capacity, lb/hr

=primary chamber volume, ft

4.5=waste density factor, lb/ft

8=typical hours of operation of a batch HMIWI, hours.

“Maximum fabric filter inlet temperature” means 110 percent of the lowest 3-hour

average temperature at the inlet to the fabric filter (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable dioxin/furan emission limit specified in Subpart E of this Part.

“Maximum flue gas temperature” means 110 percent of the lowest 3-hour average

temperature at the outlet from the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable Hg emission limit specified in Subpart E of this Part.

“Medical/infectious waste” means any waste generated in the diagnosis, treatment, or

immunization of human beings or animals, in research pertaining thereto, or in the

production or testing of biologicals. The definition of medical/infectious waste does

not include hazardous waste identified or listed under the regulations in 40 CFR Part

261; household waste, as defined in 40 CFR Part 261.4(b)(1); and domestic sewage

materials identified in 40 CFR Section 261.4(a)(1). For the purposes of this Part,

medical/infectious waste includes:

Cultures and stocks of infectious agents and associated biologicals, including:

vaccines and cultures intended for use in diagnosing, immunizing, or treating

humans or animals; cultures from medical and pathological laboratories;

cultures and stocks of infectious agents from research and industrial

laboratories; wastes from the production of biologicals; and discarded live and

attenuated vaccines;

Human pathological waste, including tissues, organs, and body parts and body

fluids that are removed during surgery or autopsy, or other medical procedures,

and specimens of body fluids and their containers;

Human blood, any products derived from human blood, or anything that has

been in contact with human blood in any form;

Intravenous bags and associated tubing;

Sharps that have been used in animal or human patient care or treatment or in

medical, research, or industrial laboratories, including hypodermic needles,

syringes (with or without the attached needle), pasteur pipettes, scalpel blades,

blood vials, and needles with attached tubing;

Culture dishes, regardless of the presence of infectious agents, and culture

dishes and devices used to transfer, inoculate, and mix cultures;

Any type of broken or unbroken glassware that has been in contact with

infectious agents;

Animal waste including contaminated animal carcasses, body parts, bedding of

animals that were known to have been exposed to infectious agents during

research (including research in veterinary hospitals), production of biologicals

or testing of pharmaceuticals;

Isolation wastes including biological waste and discarded materials contaminated

with blood, excretions, exudates, or secretions from humans who are isolated to

protect others from highly communicable diseases, or isolated animals known to

be infected with highly communicable diseases; and

Unused sharps including the following unused, discarded sharps: hypodermic

needles, suture needles, syringes, and scalpel blades.

“Medium HMIWI” means:

An HMIWI whose maximum design waste burning capacity is more than 200

lbs per hour but less than or equal to 500 lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is more than 200 lbs per hour but less than or equal to 500 lbs per hour;

A batch HMIWI whose maximum charge rate, as set by permit, is more than

1,600 lbs per day but less than or equal to 4,000 lbs per day.

“Minimum dioxin/furan sorbent flow rate” means 90 percent of the highest 3-hour

average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour)

measured during the most recent performance test demonstrating compliance with the

applicable dioxin/furan emission limit specified in Subpart E of this Part.

“Minimum Hg sorbent flow rate” means 90 percent of the highest 3-hour average Hg

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable Hg emission

limit specified in Subpart E of this Part.

“Minimum HCl sorbent flow rate” means 90 percent of the highest 3-hour average HCl

sorbent flow rate (taken, at a minimum, once every hour) measured during the most

recent performance test demonstrating compliance with the applicable HCl emission

limit specified in Subpart E of this Part.

“Minimum horsepower” or “minimum amperage” means 90 percent of the highest

3-hour average horsepower or amperage to the wet scrubber (taken, at a minimum,

once every minute) measured during the most recent performance test demonstrating

compliance with the applicable emission limits specified in Subpart E of this Part.

“Minimum pressure drop across the wet scrubber” means 90 percent of the highest

3-hour average pressure drop across the wet scrubber PM control device (taken, at a

minimum, once every minute) measured during the most recent performance test

demonstrating compliance with the applicable PM emission limit specified in this

Subpart E of this Part.

“Minimum scrubber liquor flow rate” means 90 percent of the highest 3-hour average

liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every

minute) measured during the most recent performance test demonstrating compliance

with the applicable emission limits specified in Subpart E of this Part.

“Minimum scrubber liquor pH” means 90 percent of the highest 3-hour average liquor

pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured

during the most recent performance test demonstrating compliance with the applicable

HCl emission limit specified in Subpart E of this Part.

“Minimum secondary chamber temperature” means 90 percent of the highest 3-hour

average secondary chamber temperature (taken, at a minimum, once every minute)

measured during the most recent performance test demonstrating compliance with the

applicable PM, CO, and dioxin/furan emission limits specified in Subpart E of this

Part.

“Operating day” means a 24-hour period between 12:00 midnight and the following

midnight during which any amount of hospital waste or medical/infectious waste is

combusted at any time in an HMIWI.

“Operation” means any period during which waste is combusted in an HMIWI,

excluding periods of startup or shutdown.

“Pathological waste” means waste material consisting of only human or animal

remains, anatomical parts, tissue, and the bags or containers used to collect and

transport the waste material and associated animal bedding, if applicable.

“Primary chamber” means the chamber in an HMIWI that receives waste material, in

which the waste is ignited, and from which ash is removed.

“Rural HMIWI” means any HMIWI identified in Section 229.110(a) of this Part, that

is located more than 50 miles from the boundary of the nearest Standard Metropolitan

Statistical Area, as defined in OMB Bulletin No. 93-17, incorporated by reference at

Section 229.104(b) of this Part, meets the criteria specified in the definition of “small

HMIWI” and burns less than 2,000 lbs per week of hospital waste and

medical/infectious waste (except the 2000 lbs per week limitation does not apply during

performance testing).

“Secondary chamber” means that component of an HMIWI that receives combustion

gases from the primary chamber and in which the combustion process is completed.

“Shutdown” means the period of time after all waste has been combusted in the

primary chamber.

“Small HMIWI” means:

An HMIWI whose maximum design waste burning capacity is less than or equal

to 200 lbs per hour; or

A continuous or intermittent HMIWI whose maximum charge rate, as set by

permit, is less than or equal to 200 lbs per hour; or

A batch HMIWI, whose maximum charge rate, as set by permit, is less than or

equal to 1,600 lbs per day.

“Startup” means the period of time between the activation of an HMIWI and the first

charge of waste to the unit. For batch HMIWI, startup means the period of time

between activation of an HMIWI and ignition of the waste.

“Wet scrubber” means an add-on air pollution control device that utilizes either an

alkaline or some other type of scrubbing liquor to collect pollutants and/or neutralize

acid gases.

Section 229.104

Incorporations by Reference

The following materials are incorporated in this Part by reference. These incorporations by

reference do not include any later amendments or editions.

“An Ounce of Prevention: Waste Reduction Strategies for Health Care

Facilities,” American Society for Healthcare Environmental Services, 840

North Lake Shore Drive, Chicago, Illinois, 60611 (1993).

"Revised Statistical Definitions for Metropolitan Areas," OMB Bulletin No.

93-17, Office of Management and Budget, Washington, D.C. (June 30, 1993).

40 CFR Part 60.8.

40 CFR Part 60 Appendix A, Methods 1, 3, 3A, 5, 9, 10, 10B, 22, 23, 26, 29.

40 CFR Part 60, Appendices B and F.

SUBPART B: APPLICABILITY

Section 229.110

General Applicability

This Part applies to all HMIWIs for which construction commenced either on or

before June 20, 1996, except as provided for in subsections (b), (c), (d) and (e)

of this Section and Section 229.112 of this Subpart.

An HMIWI, otherwise subject to the emission limits in this Part, is only subject

to the recordkeeping requirements set forth in Section 229.182(b), (f) and (g) of

this Part during those periods when it combusts only pathological waste, low-

level radioactive waste, or chemotherapeutic waste, provided the owner or

operator of the HMIWI notifies the Agency of its intention to operate pursuant

to this operating scenario in its CAAPP application submitted in accordance

with either Section 229.115(b)(1), Subpart D of this Part, or Section 39.5 of the

Act.

An HMIWI that combusts only pathological waste, low-level radioactive waste,

or chemotherapeutic waste is subject to only the recordkeeping requirements set

forth in Section 229.182(c), (f) and (g) of this Part, provided that the owner or

operator of an HMIWI provides both the Agency and the USEPA with a written

certification of its status as an HMIWI burning only the wastes listed in this

subsection by December 15, 1999.

A co-fired combustor is subject only to the recordkeeping requirements set forth

in Sections 229.182(d), (f) and (g) of this Part, provided that the owner or

operator of the combustor is subject to a permit condition limiting its fuel feed

stream to co-fired combustor status, provides both the Agency and USEPA with

a written certification of its status as a co-fired combustor including an estimate

of the relative weight of hospital waste, medical/infectious waste, and other

fuels and/or waste combusted at the facility by December 15, 1999.

Any hospital that does not operate an HMIWI but that sends any of its hospital

waste or medical/infectious waste to an off-site HMIWI is subject only to the

waste management plan provisions set forth at Section 229.178 of this Part.

Section 229.112

Exemptions

Notwithstanding other provisions of this Part, the following emission units are exempt from

the requirements of this Part:

Any combustor required to have a permit under Section 3005 of the Solid Waste

Disposal Act, 42 U.S.C. §6925;

Any municipal waste combustor that meets the applicability provisions for

municipal waste combustors under Subparts Cb, Ea or Eb of 40 CFR Part 60;

Any pyrolysis unit (i.e., a unit that uses endothermic gasification to treat

hospital waste or medical/infectious waste in order to render such waste

harmless);

Any cement kiln firing hospital waste or medical/infectious waste; or

Any HMIWI subject to the

Standards of Performance for

Hospital/Medical/Infectious Waste Incinerators for Which Construction is

Commenced After June 20, 1996

, contained in Subpart Ec of 40 CFR 60.50c.

SUBPART C: COMPLIANCE SCHEDULES

Section 229.115

Compliance Schedules for HMIWIs That Will Continue to

Operate

Except as provided in subsection (b) of this Section and unless another date is

specified in the provisions of this Part, all owners or operators of HMIWIs shall

be in compliance with all of the provisions of this Part by September 15, 2000.

Except as provided in subsection (c) of this Section, the owner or operator of an

HMIWI may have up to September 15, 2002, to come into compliance with this

Part. To avail themselves of this extended compliance timeframe, the owner or

operator of an HMIWI shall:

Submit their CAAPP application to the Agency within 6 months of the

Board’s approval of this Part requesting an extended compliance

schedule, pursuant to Section 39.5(5)(d) of the Act, (415 ILCS

5/39.5(5)(d)). This compliance schedule shall include documentation

supporting the need for an extension, a final control plan for the HMIWI

and incremental steps to be taken toward compliance with this Part

which, at a minimum, meet the increments of progress specified in

subsection (b)(2) of this Section;

Meet the following increments of progress by the dates indicated:

Finalize all contracts for the purchase of either pollution control

equipment, process modification or control systems by February

29, 2000;

Commence the implementation of either the process

modifications or the necessary construction or installation of air

pollution control devices for the HMIWI by November 30, 2000;

Complete either the process modifications or the installation or

construction of the new air pollution control equipment by

August 31, 2001;

Perform initial startup of the retrofitted HMIWI by January 15,

2002; and

Complete the initial performance test in accordance with Section

229.142 of this Part within 180 days of initial startup.

Any owner or operator of an HMIWI that fails to demonstrate compliance with

this Part by September 15, 2002, shall cease operation of the HMIWI until

compliance with the provisions of this Part is achieved.

Notwithstanding subsection (b) of this Section, all owners or operators of

HMIWIs shall be in full compliance with all of the HMIWI operator provisions

of Subpart J of this Part, by September 15, 2000.

Section 229.116

Compliance Schedules for HMIWIs That Will Shut Down

All owners or operators of HMIWIs that intend to permanently shut down their HMIWI

as a means of complying with this Part shall:

Provide the Agency with written notice of their intention to permanently shut

down their HMIWI within 6 months of the Board’s approval of the provisions

of this Part; and

Take the following affirmative steps to demonstrate that the HMIWI has been

rendered permanently inoperable by September 15, 2000:

Weld the primary chamber door shut;

Dismantle the HMIWI; or

Other means which reasonably demonstrate that the HMIWI is no longer

functional.

SUBPART D: CAAPP PERMIT REQUIREMENTS

Section 229.120

CAAPP Permit Requirements

All HMIWIs subject to the emissions limits in this Part shall operate pursuant to

a CAAPP permit by September 15, 2000.

For any HMIWI subject to the emission limits in this Part that is not currently

required to obtain a CAAPP permit under Section 39.5 of the Act (415 ILCS

5/39.5), the owner or operator shall submit a complete application for a CAAPP

permit by September 15, 2000, except as provided for in Section 229.115(b)(1)

of this Part.

Upon submittal of a timely and complete CAAPP application, the owner or

operator of an HMIWI shall not be in violation of the requirement, specified in

subsection (a) of this Section, to have a CAAPP permit, to the extent provided in

Section 39.5(5)(h) of the Act (415 ILCS 5/39.5(5)(h)).

For any HMIWI that currently has a CAAPP permit, the following conditions

apply:

If the CAAPP permit has no more than 3 years remaining on the permit

term, the owner or operator of an HMIWI shall apply for revision to

their CAAPP permit within 6 months of the Board’s approval of this

Part to incorporate the applicable requirements of this Part; or

If the CAAPP permit has less than 3 years remaining on the permit term,

the CAAPP permit shall be revised to incorporate the applicable

requirements of this Part upon renewal of the permit.

SUBPART E: EMISSION LIMITS

Section 229.125

Emission Limits for Small, Medium, and Large HMIWIs

The emission limits in this Section shall apply to HMIWIs identified in Section

229.110(a) at all times, except as provided in Sections 229.110(b) of this Part,

Section 229.126 of this Subpart and in Subpart F of this Part.

The emissions limits for small, medium, and large HMIWIs are as follows:

HMIWI EMISSION LIMITS

Pollutant

Units

(7% oxygen, dry basis)

Small

Medium

Large

mg per dscm(grains per

dscf)

115 (0.05)

69 (0.03)

34 (0.015)

ppmv

Dioxins/

Furans

Nanograms per dscm,

total dioxins/furans

(grains per billion dscf),

or nanograms per dscm

TEQ (grains per billion

dscf)

125 (55) or

2.3 (1.0)

125 (55) or

2.3 (1.0)

125 (55) or

2.3 (1.0)

HCl

ppmv or percent

reduction

100 or 93%

ppmv

NOx

ppmv

250

mg per dscm (grains per

thousand dscf) or percent

reduction

1.2 (0.52)

or 70%

1.2 (0.52) or

70%

1.2 (0.52) or

70%

mg per dscm (grains per

thousand dscf) or percent

reduction

0.16 (0.07)

or 65%

0.16 (0.07) or

65%

0.16 (0.07) or

65%

mg per dscm (grains per

thousand dscf) or percent

reduction

0.55 (0.24)

or 85%

0.55 (0.24) or

85%

0.55 (0.24) or

85%

No owner or operator of a small, medium, or large HMIWI shall cause or allow

any emissions that cause greater than 10 percent opacity, as measured on a 6

minute block average, according to Method 9, 40 CFR Part 60, Appendix A,

incorporated by reference at Section 229.104(d) of this Part, from any stack

used by an HMIWI.

Section 229.126

Emission Limits For Rural HMIWIs

Notwithstanding the emission limits set out in Section 229.125 of this Part, any

rural HMIWI shall comply with the emission limits set out in subsection (b) of

this Section. The emission limits under this Section shall apply at all times,

except as provided for in Section 110(b) and Subpart F of this Part.

The emission limits for rural HMIWI are as follows:

Pollutant

Units

(7% oxygen, dry basis)

EMISSION LIMITS

mg per dscm (grains per dscf)

197 (0.086)

ppmv

Dioxin/

Furans

nanograms per dscm total

dioxins/furans (grains per billion dscf),

or nanograms per dscm TEQ (grains

per billion dscf)

800 (350) or 15 (6.6)

HCl

ppmv

3100

ppmv

NOx

ppmv

250

mg per dscm (grains per thousand dscf)

10 (4.4)

mg per dscm (grains per thousand dscf)

4 (1.7)

mg per dscm (grains per thousand dscf)

7.5 (3.3)

No owner or operator of a rural HMIWI shall cause or allow any emissions that

cause greater than 10 percent opacity, as measured on a six minute block

average, according to Method 9, 40 FR Part 60, Appendix A, incorporated by

reference at Section 229.104(d) of this Part, from any stack used by an HMIWI.

SUBPART F: EXCEPTIONS FROM EMISSION LIMITS

Section 229.130

Operation During Periods of Startup, Shutdown, or Malfunction

The emission limits specified in Subpart E of this Part do not apply to an

HMIWI during periods of startup, shutdown or malfunction, if the requirements

provided in subsection (b),(c) and (d) of this Section are met.

No waste shall be charged to an HMIWI during periods of startup, shutdown or

malfunction.

The shutdown of any HMIWI shall proceed according to the following

requirements:

For continuous HMIWIs, shutdown may commence no less than 2 hours

after the last charge to an HMIWI;

For intermittent HMIWIs, shutdown may commence no less than 4 hours

after the last charge to an HMIWI; and

For batch HMIWIs, shutdown may commence no less than 5 hours after

the high air phase of combustion has been completed.

During periods of malfunction, the owner or operator of an HMIWI shall do all

of the following:

Take all reasonable steps to ensure that an HMIWI operates within the

parameters established for that HMIWI and to minimize excess

emissions;

Continue monitoring all applicable parameters; and

Take appropriate corrective actions prior to resuming the charging of any

waste to an HMIWI.

SUBPART G: METHODS AND PROCEDURES FOR PERFORMANCE TESTING

Section 229.140

Methods and Procedures for Performance Testing

This Section applies during all performance tests.

The owner or operator of an HMIWI shall provide, or cause to be provided, the

facilities for emission testing specified for in 40 CFR 60.8(e), incorporated by

reference at Section 229.104(c) of this Part.

When conducting a performance test for an HMIWI, the owner or operator

shall:

Test an HMIWI at the waste charging rate specified in its permit or, if

no permit has been issued, in its permit application;

Burn representative waste streams that are typically combusted in that

HMIWI; and

Weigh the amount of waste combusted for each run of the performance

test before charging the waste to an HMIWI to within 1.0 percent or

0.25 lb accuracy.

The owner or operator of an HMIWI shall submit a test plan to the Agency at

least 45 days before conducting a performance test pursuant to this Part.

Performance test plans shall include the following:

The proposed date of the performance test;

A roster of testing personnel, which provides information concerning

their testing experience;

A description of the specific conditions under which the test will be

performed, including, at a minimum:

Why these conditions will be representative of the operation of

the HMIWI; and

The means by which the operating parameter values will be

determined;

A technical description of the HMIWI being tested;

The parameters and pollutants that will be monitored during the

performance test; and

The quality assurance procedures that will be followed during the

performance test.

The owner or operator of an HMIWI shall give the Agency 5 days written

notice prior to actually conducting any performance testing required by the

provisions of this Part.

Testing conducted pursuant to this Part shall be according to the procedures and

test methods specified for the measurement of each pollutant in Appendix C of

this Part.

Notwithstanding subsection (e) of this Section, alternate testing methods may be

used if approved by the Agency in a permit and approved by USEPA.

Any use of a bypass stack during a performance test shall invalidate the results

of that run.

SUBPART H: COMPLIANCE REQUIREMENTS

Section 229.142

Initial Performance Testing and Establishment of Operating

Parameters

The owner or operator of an HMIWI subject to the emissions limits under this Part shall

comply with the following requirements:

Except as provided in Section 229.115(b)(2)(E) of this Part, conduct an initial

performance test on their HMIWI by September 15, 2000;

Except as provided in subsection (c) of this Section, in the initial performance

test, test for all pollutants limited pursuant to Subpart E of this Part;

During the initial performance test, rural HMIWIs are not required to test for

HCl, Pb or Cd;

If an HMIWI is equipped with a dry scrubber followed by a fabric filter, a wet

scrubber, or a dry scrubber followed by a fabric filter and wet scrubber,

establish the appropriate maximum and minimum operating parameter values

indicated in Appendix B of this Part for the relevant control system during the

initial performance test, provided that the performance test demonstrates

compliance with the emissions limits specified in Section 229.125 of this Part;

If air pollution control equipment other than a dry scrubber followed by a fabric

filter, a wet scrubber, or dry scrubber followed by a fabric filter and a wet

scrubber is used to comply with the emission limits under Section 229.125 of

this Part, the initial performance test may not be conducted until site-specific

operating parameters that will be monitored to demonstrate compliance with this

Part have been established by the Agency in a construction permit and approved

by USEPA.

For rural HMIWI, establish the maximum charge rate and minimum secondary

chamber temperature as site-specific parameters during the initial performance

test, provided that the performance test demonstrates that the HMIWI is in

compliance with the emission limits specified in Section 229.126 of this Part.

Section 229.144

Subsequent Performance Testing for All HMIWIs

The owner or operator of an HMIWI may conduct a repeat performance test at

anytime to establish new site specific operating values their HMIWI. Such new

site specific operating parameter values may not be relied upon until approved

by the Agency as a permit condition.

The Agency or the USEPA may request that the owner or operator of an

HMIWI conduct a new performance test at any time.

Section 229.146

Annual Testing for Opacity

Following the date on which the initial performance test is completed, as required by Section

229.142 of this Section, the owners or operators of all HMIWIs shall conduct an annual

opacity test, in accordance with Section 229.140 of this Part, by September 15 of each year.

Section 229.148

Annual Performance Testing for Small, Medium and Large

HMIWIs

Following the date on which the initial performance test is completed, as required by Section

229.142 of this Part, all owners or operators of small, medium, or large HMIWIs shall

conduct an annual performance test, by September 15 of each year to determine compliance

with the PM, CO and HCl emission limits specified in Section 229.125(b) of this Part, using

the applicable test procedures and methods specified in Section 229.140 of this Part.

If all 3 annual performance tests over a 3-year period indicate compliance with

the emission limits for PM, CO, or HCl specified in Section 229.125(b) of this

Part, the owner or operator of an HMIWI may forego a performance test for

that pollutant during the next 2 years. If the next performance test conducted

every third year indicates compliance with the emission limits for PM, CO, or

HCl specified in Section 229.125(b) of this Part, the owner or operator of an

HMIWI may forego a performance test for that pollutant for an additional 2

years from the date of the previous performance test.

If any performance test indicates noncompliance with the respective emission

limit, the owner or operator of an HMIWI shall conduct a performance test for

that pollutant annually until all annual performance tests over a 3-year period

indicate compliance with the respective emission limits.

Section 229.150

Compliance with Operating Parameter Values

Following the date on which the initial performance test is completed, as

provided in Section 229.142 of this Part, an HMIWI, using a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber to comply with the emission limits of this Part, shall not

operate above any of the applicable maximum or below any of the applicable

minimum operating parameter values specified in Appendix B of this Part. All

operating parameters shall be measured at all times, except during periods of

startup, shutdown, and malfunction (calculated each hour as a 3-hour rolling

average of the previous 3 operating hours). For batch HMIWIs, the charge rate

shall be measured on a per batch basis.

For HMIWIs using air pollution control equipment other than a dry scrubber

followed by a fabric filter, a wet scrubber, or dry scrubber followed by a fabric

filter and a wet scrubber to comply with the emission limits under Section

229.125 of this Part, following the date on which the initial performance test is

completed, as provided in Section 229.142 of this Part, an HMIWI shall not

operate above any applicable maximum or below any applicable minimum

operating parameter values established in its CAAPP permit.

Operating parameter limits do not apply during performance tests.

Section 229.152

Compliance Requirements for HMIWIs using CEMS

The owner or operator of an HMIWI may use a CEMS to demonstrate compliance with any of

the emission limits under Section 229.125(b) of this Part, if provided for in its permit. Any

HMIWI that is allowed to use a CEMS to demonstrate compliance with the emission limits of

this Part shall:

Determine compliance with the applicable emission limit(s) using a 12 hour

rolling average, calculated each hour as the average of the previous 12 operating

hours, not including startup, shutdown, or malfunction; and

Operate all CEMS in accordance with the applicable procedures under

Appendices B and F of 40 CFR Part 60, incorporated by reference at Section

229.104(e) of this Part.

Section 229.154

Violations by HMIWIs Equipped with a Dry Scrubber Followed

by a Fabric Filter

Except as provided in Section 229.164 of this Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter:

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum secondary chamber temperature (each measured on a 3-

hour rolling average) shall be a violation of the CO emission limit;

Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate, and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) shall

be a violation of the dioxin/furan emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum HCl sorbent flow rate (each measured on a 3-hour rolling

average) shall be a violation of the HCl emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling

average) shall be a violation of the Hg emission limit; or

Use of the bypass stack (except during startup, shutdown or malfunction) is a

violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

Section 229.156

Violations by HMIWIs Equipped with a Wet Scrubber

Except as provided in Section 229.164 of this Subpart, for an HMIWI equipped with a wet

scrubber:

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum pressure drop across the wet scrubber or below the

minimum horsepower or amperage to the system (each measured on a 3-hour

rolling average) is a violation of the PM emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum secondary chamber temperature (each measured on a 3-

hour rolling average) is a violation of the CO emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate, below

the minimum secondary chamber temperature and below the minimum scrubber

liquor flow rate (each measured on a 3-hour rolling average) is a violation of the

dioxin/furan emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum scrubber liquor pH (each measured on a 3-hour rolling

average) is a violation of the HCl emission limit;

Simultaneous operation of an HMIWI above the maximum flue gas temperature

and above the maximum charge rate (each measured on a 3-hour rolling

average) is a violation of the Hg emission limit; or

Use of the bypass stack (except during startup, shutdown, or malfunction) is a

violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

Section 229.158

Violations by HMIWIs Equipped with a Dry Scrubber Followed

by a Fabric Filter and a Wet Scrubber

Except as provided in Section 229.164 of this Subpart, for an HMIWI equipped with a dry

scrubber followed by a fabric filter and a wet scrubber:

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum secondary chamber temperature (each measured on a 3-

hour rolling average) is a violation of the CO emission limit;

Simultaneous operation of an HMIWI above the maximum fabric filter inlet

temperature, above the maximum charge rate and below the minimum

dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average) is a

violation of the dioxin/furan emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum scrubber liquor pH (each measured on a 3-hour rolling

average) is a violation of the HCl emission limit;

Simultaneous operation of an HMIWI above the maximum charge rate and

below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling

average) is a violation of the Hg emission limit; or

Use of the bypass stack (except during startup, shutdown, or malfunction) is a

violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

Section 229.160

Compliance Requirements for Rural HMIWIs

Following the date on which the initial performance test is completed or is

required to be completed under Section 229.142 of this Subpart, whichever date

comes first, the owners or operators of rural HMIWI shall not operate their

HMIWI either above the maximum charge rate or below the minimum

secondary chamber temperature at all times, except during periods of startup or

shutdown (calculated each hour as a 3-hour rolling average of the previous 3

operating hours).

Except as provided in Section 229.164 of this Subpart, the simultaneous

operation of a rural HMIWI above the maximum charge rate and below the

minimum secondary chamber temperature (calculated as a 3-hour rolling

average) shall constitute a violation of the PM, CO and dioxin/furan emission

limits.

Section 229.162

Inspection Requirements for Rural HMIWIs

Each owner or operator of a rural HMIWI shall inspect their HMIWI according

to the following schedule:

An initial inspection shall be conducted by September 15, 2000; and

An annual inspection shall be conducted by September 15

of each year

thereafter.

Each inspection shall be conducted to ensure the proper operation of the rural

HMIWI and, at a minimum, shall consist of the following steps:

An inspection of all burners, pilot assemblies, and pilot sensing devices,

cleaning the pilot flame sensor, as necessary;

An inspection of the primary and secondary chamber combustion air

flow, adjusting, as necessary;

An inspection of the hinges and door latches, lubricating, as necessary;

An inspection of dampers, fans, and blowers;

An inspection of the HMIWI door and door gaskets;

An inspection of all HMIWI motors;

An inspection of the primary chamber refractory lining, cleaning,

repairing or replacing the lining, as necessary;

An inspection of the incinerator shell for corrosion or hot spots;

An inspection of the secondary/tertiary chamber and stack, cleaning as

necessary;

10)

Where applicable, an inspection of the mechanical loader, including limit

switches;

11)

A visual inspection of the waste bed (grates), repairing or sealing, as

necessary;

12)

Where applicable, an inspection of air pollution control devices to ensure

their proper operation;

13)

Where applicable, an inspection of the waste heat boiler systems;

14)

An inspection of all bypass stack components;

15)

Calibration of thermocouples, sorbent feed systems and monitoring

equipment; and

16)

A general inspection of all equipment to ensure that it is maintained in

good operating condition.

The owner or operator of a rural HMIWI shall document that, during the burn

cycle immediately following the inspection required by this Section, the HMIWI

is operating properly and make any necessary adjustments.

All maintenance, adjustments, or repairs identified during the inspection

required under this Section shall be completed within 10 days of the inspection.

The owner or operator of an HMIWI may have a longer period of time in which

to complete any repairs identified as a result of the inspection required by this

Section, provided that they make this request to the Agency in writing, and the

Agency approves the owner or operator of an HMIWI’s request in writing.

Section 229.164

Optional Performance Testing to Address Actual or Potential

Violations

The owner or operator of an HMIWI may conduct another performance test within 30 days of

exceeding an applicable operating parameter value in order to demonstrate that an HMIWI is

not in violation of the applicable emission limit(s). In addition to the applicable performance

testing provisions under this Part, any performance test conducted pursuant to this Section

shall meet the following conditions:

All tests shall use the same operating parameter values that indicated a violation

under Sections 229.154, 229.156, 229.158 or 229.160 of this Subpart;

The owner or operator of an HMIWI shall notify the Agency in writing at least

21 days before the date of any optional performance test;

The owner or operator of an HMIWI shall notify the Agency in writing of their

intent to proceed with the optional performance test 5 days prior to conducting

the test; and

The owner or operator of an HMIWI shall conduct the optional performance test

using the same approved performance test plan that was used for the

performance test in which the violated operating parameter values were

established.

SUBPART I: MONITORING REQUIREMENTS

Section 229.166

Monitoring Requirements for Small, Medium, and Large

HMIWIs

Once the initial performance test required by Section 229.142 of this Part has

been performed, and the site-specific minimum and maximum operating

parameter values have been established, the owner or operator of a small,

medium or large HMIWI shall continuously monitor those parameters.

The owner or operator of a small, medium or large HMIWI shall comply with

the following monitoring requirements:

Install, calibrate according to manufacturer’s specifications, maintain,

and operate devices or establish methods for monitoring the applicable

maximum and minimum operating parameters specified in Appendix B

of this Part such that these devices or methods measure and record

values for these operating parameters at the frequencies indicated in

Appendix B of this Part at all times, except during periods of startup and

shutdown;

Install, calibrate according to manufacturer’s specifications, maintain,

and operate a device or establish a method for identifying the use of the

bypass stack, including date, time, and duration of use;

If control equipment other than a dry scrubber followed by a fabric

filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a

wet scrubber is used to comply with the emission limits under Section

229.125(b) of this Part, install, calibrate according to manufacturer’s

specifications, maintain, and operate the equipment necessary to monitor

the site-specific operating parameters developed and approved pursuant

to Section 229.142 (e) of this Part; and

Record monitoring data at all times during HMIWI operation, except

during the periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be recorded for 75

percent of the operating hours per day and for 90 percent of the

operating days per calendar quarter that an HMIWI is combusting

hospital waste or medical/infectious waste.

Section 229.168

Monitoring Requirements for Rural HMIWIs

The owner or operator of each rural HMIWI shall comply with the following monitoring

requirements:

Install, calibrate according to manufacturer’s specifications, maintain, and

operate a device measuring and recording the temperature of the secondary

chamber on a continuous basis, the output of which shall be recorded, at a

minimum, once every minute of operation;

Install, calibrate according to manufacturer’s specifications, maintain, and

operate a device that automatically measures and records the date, time, and

weight of each charge fed into an HMIWI; and

Record monitoring data at all times during HMIWI operation except during

periods of monitoring equipment malfunction, calibration, or repair. At a

minimum, valid monitoring data shall be recorded for 75 percent of the

operating hours per day and for 90 percent of the operating hours per calendar

quarter that an HMIWI is combusting hospital waste or medical/infectious

waste.

SUBPART J: REQUIREMENTS FOR HMIWI OPERATORS

Section 229.170

Operator Training and Qualification Requirements

No HMIWI shall be operated unless a trained and qualified HMIWI operator, as

specified in this Section, is available on-site to operate or supervise the

operation of the HMIWI.

To become a trained and qualified operator, a person shall complete a training

program that, at a minimum, meets the criteria specified in subsection (c) of

this Section, pass the examination administered in accordance with subsection

(c)(2) of this Section and have either 6 months experience as an HMIWI

operator or have completed 2 burn cycles under the observation of 2 trained

and qualified HMIWI operators.

An operator training program shall satisfy all of the following criteria:

Consist of at least 24 hours of training covering the following subjects:

Work safety procedures;

Pre-startup procedures;

Environmental concerns, including pathogen destruction and

types of emissions;

Basic combustion principles, including combustion byproducts;

Instruction in the proper operation of the same type of incinerator

that will be used by the operator, including proper startup, waste

charging, and shutdown procedures;

Combustion controls and monitoring;

Operation of air pollution control equipment and factors affecting

performance;

Methods for monitoring pollutants, both by CEMS and by

monitoring of HMIWI and air pollution control device operating

parameters, and monitoring instrument calibration procedures;

Inspection and maintenance of an HMIWI, air pollution control

equipment, and CEMS;

Corrective measures to remedy malfunctions and conditions that

may lead to malfunction;

Characteristics of and proper handling procedures for bottom and

fly ash;

Recordkeeping procedures; and

Applicable Federal, State, and local regulations.

Administer an examination designed by the course instructor; and

Provide reference materials covering all of the course topics specified in

subsection (c)(1) of this Section.

Operator qualification is valid from the date on which the examination specified

in subsection (c)(2) of this Section is passed, or the completion of the

experience requirements set forth in subsection (b) of this Section, whichever is

later.

In order for an operator that has been qualified in accordance with subsection

(b) of this Section to maintain the necessary qualification status, the operator

shall:

Complete and pass an annual review course of at least 4 hours in length

that, at a minimum, covers the following subjects:

An update of applicable regulations;

Proper incinerator operation, including startup and shutdown

procedures;

Proper incinerator inspection and maintenance;

Responses to malfunctions and conditions that may lead to

malfunction; and

A discussion of operating problems encountered by attendees.

If an operator fails to either take, or to complete and pass the annual

review course, the operator’s qualification will lapse;

If the operator’s qualification lapses for less than 3 years, qualification

may be reinstated by taking and passing the annual review course, as

provided under subsection (e)(1) of this Section.

If there is a 3 year or greater lapse in an operator’s qualification, then

the operator shall take and pass an operator training course, as provided

for under subsection (c) of this Section, in order reinstate the

qualification.

Section 229.172

Documentation To Be Maintained On-Site for Employees

Operating HMIWIs

The owner or operator of an HMIWI shall maintain the following information

on-site for the use and reference of their HMIWI operators:

A summary of the applicable requirements under this Part;

A description of basic combustion theory applicable to HMIWIs;

Procedures for receiving, handling, and charging waste;

Procedures for startup and shutdown of the HMIWI;

Procedures for maintaining proper combustion air supply levels;

Procedures for operating the HMIWI and associated air pollution control

systems within the standards established under this Part;

Procedures for responding to periodic malfunction or conditions that

may lead to malfunction;

Procedures for monitoring HMIWI emissions;

Recordkeeping and reporting procedures; and

10)

Procedures for handling ash.

The owner or operator of an HMIWI shall establish a program for the annual

review of all of the information listed under subsection (a) of this Section by all

employees that operate an HMIWI.

The initial review of the information listed in subsection (a) of this

Section shall be conducted by September 15, 2000, or prior to assuming

responsibilities for operating an HMIWI, whichever is later;

Subsequent reviews of the information contained in subsection(a) of this

Section shall be conducted annually.

The information identified in subsection (a) of this Section shall be kept in a

location readily accessible to all HMIWI operators.

SUBPART K: WASTE MANAGEMENT PLAN REQUIREMENTS

Section 229.176

Waste Management Plan Requirements for Hospitals Using On-

Site Incinerators

The owner or operator of a hospital subject to the requirements in this Part shall

submit to the Agency, in accordance with Section 229.184(b) of this Part, a

waste management plan. Such plans shall outline technically and economically

feasible policies and practices for reducing the amount and toxicity of hospital

and medical/infectious waste incinerated at the hospital. The waste management

plan shall include the following components:

The name and location of the facility;

A written policy statement setting forth management support for waste

management and implementation of the plan;

A statement of goals for reducing the volume and toxicity of waste,

expressed numerically where feasible;

Identification of the staff responsible for development and

implementation of the plan, as well as a description of their roles and

responsibilities;

A description of communication and education programs to make

employees aware of the waste management program and their

responsibilities;

A summary of existing waste management policies and practices;

Identification of technically and economically feasible waste management

policies and practices to be implemented and, where practical, a schedule

for the implementation of the selected measures; and

Procedures for tracking implementation of the plan and progress toward

achieving the goals.

Prior to the development of the waste management plan, the hospital shall

assess:

Current waste management practices;

All of the available data that it has collected on the types, quantities, and

sources of its waste;

Technical information on alternative waste management practices, such as

the American Hospital Association publication entitled “An Ounce of

Prevention: Waste Management Strategies for Health Care Facilities,”

incorporated by reference at Section 229.104(a) of this Part; and

The feasibility of implementing additional waste management policies and

practices, taking into account such considerations as:

The effectiveness of existing policies and practices;

The costs of additional measures;

The potential effects on patient care and worker safety;

The environmental benefits and savings;

The recycling options available in the area; and

The availability of products or equipment needed to implement

alternative measures.

The following measures, at a minimum, shall be considered when evaluating

alternative waste management practices and developing waste management

policies and procedures:

Segregating waste streams;

Phasing out the use of products containing toxic materials;

Reusing products and equipment;

Reducing the use of packaging and disposable items;

Collecting recyclable materials; and

Improving inventory control, training and housekeeping practices.

Any waste management plan that has been developed by a hospital subject to the

requirements of this Part prior to the effective date of this regulation may be

incorporated into the waste management plan required by this Section for that

hospital, to the extent that such a plan is consistent with the requirements of this

Section.

The owner or operator of each affected hospital shall submit a waste

management plan to the Agency at the same time site-specific operating

parameters are reported, as specified in Section 229.184(b) of this Part.

The waste management plan shall be updated every 5 years to coincide with

either the issuance or renewal of the facility’s CAAPP permit.

The owner or operator of each affected hospital shall submit a waste

management progress report to the Agency annually, along with the annual

emissions report required by 35 Ill. Adm. Code 201.302 and 254. The progress

report shall include the following elements:

A description of progress made during the previous calendar year toward

meeting the goals established in the plan;

A summary of the waste management practices that were implemented;

and

Any amendments to the plan along with a brief explanation of the need

for the amendments.

Upon written request, the affected hospital shall make the waste management

plan and annual progress reports available for public review during normal

business hours.

Section 229.178

Waste Management Plan Requirements for Hospitals

Transporting Waste Off-Site to an HMIWI

By September 15, 2000, the owner or operator of any hospital that transfers

hospital or medical/infectious waste off-site to an HMIWI shall conduct an

assessment of its current waste management program and consider additional

technically and economically feasible measures for reducing the volume and

toxicity of waste to be incinerated.

In identifying additional technically and economically feasible waste

management practices, the owner or operator shall consider:

Segregating waste streams;

Phasing out the use of products containing toxic materials;

Reusing products and equipment;

Reducing the use of packaging and disposable items;

Collecting recyclable materials; and

Improving inventory control, training and housekeeping practices.

Within 1 year of the assessment conducted pursuant to subsection (a) of this

Section, and annually thereafter, affected hospitals shall submit a waste

management progress report to the Agency. The progress report shall

summarize any waste management policies and practices that were implemented

in the previous calendar year.

Section 229.180

Waste Management Requirements for HMIWIs Accepting Waste

Generated Off-Site

The owner or operator of any HMIWI that accepts hospital waste or

medical/infectious waste generated off-site shall:

Provide hospital, medical or infectious waste customers with written

information at least once a year concerning the availability of waste

management practices for reducing the volume and toxicity of waste to

be incinerated; and

Submit a waste management plan to the Agency, in accordance with

Section 229.184(b) of this Part, that outlines the efforts that will be

undertaken to distribute information as specified in subsection (a)(1) of

this Section and identifies the information that will be distributed.

Paper or electronic copies of the materials disseminated under this Section shall

be made available to the Agency upon written request.

SUBPART L: RECORDKEEPING AND REPORTING REQUIREMENTS

Section 229.182

Recordkeeping Requirements

The owner or operator of an HMIWI subject to the emission limits under

Subpart E of this Part shall maintain records of the following information:

The calendar date of each record;

The following data, where applicable:

Concentrations of all applicable pollutants listed in Sections

229.125(b) or 229.126(b) of this Part (as determined by the

CEMS, if applicable), and any measurements of opacity as

required under Section 229.125(c) or 229.126(c);

HMIWI charge dates, times and weights, and hourly charge

rates;

If a fabric filter is used, the fabric filter inlet temperatures during

each minute of operation;

The amount and type of dioxin/furan sorbent used during each

hour of operation;

The amount and type of Hg sorbent used during each hour of

operation;

The amount and type of HCl sorbent used during each hour of

operation;

The secondary chamber temperatures recorded during each

minute of operation;

The liquor flow rate to the wet scrubber inlet during each minute

of operation;

The horsepower or amperage to the wet scrubber during each

minute of operation;

Any pressure drop across the wet scrubber system during each

minute of operation;

The temperature at the outlet from the wet scrubber during each

minute of operation;

The pH at the inlet to the wet scrubber during each minute of

operation;

Identification of any use of the bypass stack, including dates,

times, and the duration of such use; and

For sources complying with Section 166(b)(3)

of this Part, all

operating parameter data monitored;

Identification of any calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2)(A) through (N) of

this Section have not been obtained, with an identification of the

emission rates or operating parameters not measured, reasons for not

obtaining data, and a description of the corrective actions taken;

Identification of any malfunctions including the calendar date, the time

and duration, and a description of the malfunction and of the corrective

action taken to remedy it;

Identification of calendar days for which data on emission rates or

operating parameters specified under subsection (a)(2)(A) through (N)

of this Section exceeded the applicable limits, with a description of the

exceedances, reasons for such exceedances, and of the corrective

actions taken;

The results of the initial, annual, and any other performance tests;

Records of calibration of any monitoring devices as required under

Sections 229.166(b)(1), (2) and (3), and 229.168(a) and (b) of this Part;

and

Identification of the names of all HMIWI operators who have met the

criteria for qualification under Section 229.170 of this Part, including:

Documentation of training and the dates of the training; and

The date of the initial review and all subsequent annual reviews

of the information specified in Section 229.172(a) of this Part, as

required by Section 229.172(b) of this Part.

The owner or operator of an HMIWI claiming an exemption from the emission

limits in this Part pursuant to Section 229.110(b) of this Part shall keep

contemporaneous records identifying each period of time when only

pathological waste, low-level radioactive waste, or chemotherapeutic waste is

burned, including the calendar date and duration of such periods.

The owner or operator of an HMIWI claiming an exemption pursuant to Section

229.110(c) of this Part shall keep records on a calendar quarter basis

demonstrating that only pathological waste, low-level radioactive waste, or

chemotherapeutic waste is burned.

The owner or operator of a co-fired combustor claiming an exemption from the

emission limits under Section 229.110(d) of this Part shall maintain records on a

calendar quarter basis of the relative weight of hospital waste and/or

medical/infectious waste, and of all other fuels or waste combusted.

The owner or operator of each rural HMIWI shall maintain records of the

annual equipment inspections required under Section 229.162 of this Part, any

required maintenance, and any repairs not completed within 10 days of an

inspection or the time frame established by the Agency.

All records required under this Section shall be maintained onsite for a period of

5 years, in either paper copy or electronic format, unless an alternative format

has been approved by the Agency in a permit condition.

All records required to be maintained pursuant to this Section shall be made

available to the Agency upon request.

Section 229.184

Reporting Requirements

The facilities manager and the responsible official for the affected source shall

certify each report required under this Section.

The owner or operator of an HMIWI shall submit to the Agency the results of

any performance test conducted on their HMIWI within 60 days of conducting

the performance test. The information submitted with the initial performance

test required by Section 229.142 of this Part shall include:

The test data and values for the site-specific operating parameters

established for an HMIWI pursuant to either Section 229.142(d), (e) or

(f) of this Part, as applicable; and

A copy of the waste management plan required under Subpart K of this

Part.

All owners or operators of HMIWIs shall submit the information specified

under this subsection to the Agency by September 15, 2001 and by September

15 of each year thereafter. Once an HMIWI is issued a CAAPP permit, the

owner or operator of an HMIWI shall submit these reports semi-annually, in

accordance with subsection (d) of this Section. The annual report shall include

the following information:

The values for site-specific operating parameters established pursuant to

either Section 229.142(d), (e) or (f) of this Part;

The highest maximum operating parameter and the lowest minimum

operating parameter, as applicable, for each operating parameter,

recorded for the calendar year being reported and for the calendar year

preceding the year being reported;

Any information recorded pursuant to Section 229.182(a)(3) through (5)

of this Subpart for the calendar year being reported and for the calendar

year preceding the year being reported;

If no exceedances or malfunctions were recorded under Section

229.182(a)(3) through (a)(5) of this Subpart for the calendar year being

reported, a statement that no exceedances occurred during the reporting

period; and

Any use of the bypass stack, the duration of use, the reason for

malfunction, and the corrective action(s) taken.

Once the owner or operator of an HMIWI is required to submit semiannual

reports, these reports must be submitted within 60 days following the end of the

reporting period. The first semiannual reporting period ends on March 15 of

each year and the second semiannual reporting period shall end on September

15 of each year.

The owner or operator of each rural HMIWI subject to the emission limits

under Section 229.126(b) of this Part, shall submit an annual report containing

all information listed in subsections (b) and (c) of this Section by no later than

60 days following the year in which the data was collected. Subsequent reports

shall be sent no later than 12 calendar months following the previous report.

Once

the unit is subject to permitting requirements under the CAAPP, the

owner or operator shall submit these reports semi-annually in accordance with

the schedule specified in subsection(d) of this Section.

Section 229.APPENDIX A

Toxic Equivalency (TEQ) Factors

The following TEQ factors shall be used to determine compliance with the dioxin/furans

standards under either Section 229.125(b) or Section 229.126(b) of this Part.

Dioxin/furan congener

Toxic Equivalency Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin

1.0

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin

0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin

0.01

octachlorinated dibenzo-p-dioxin

0.001

2,3,7,8-tetrachlorinated dibenzofuran

0.1

2,3,4,7,8-pentachlorinated dibenzofuran

0.5

1,2,3,7,8-pentachlorinated dibenzofuran

0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran

0.01

Octachlorinated dibenzofuran

0.001

Section 229.APPENDIX B

Operating Parameters to be Monitored and Minimum

Measurement and Recording Frequencies. An “x” in any box in this matrix means that

measurement of that parameter is required.

MINIMUM FREQUENCY

CONTROL SYSTEM

Operating

Parameters

Data

Data Meas-

Meas-

urement

Data Recording

Dry Scrubber

Followed by

Fabric Filter

Wet

Scrub-

Scrub-ber

ber

Dry Scrubber Followed

by Fabric Filter and Wet

Scrubber

Maximum

Charge Rate

Continuous

Once per hour

Maximum Fabric

Filter Inlet

Temperature

Continuous

Once per minute

Maximum flue

gas temperature

Continuous

Once per minute

Minimum

secondary

chamber

temperature

Continuous

Once per minute

Minimum

Dioxin/ Furan

Sorbent Flow

Rate

Hourly

Once per hour

Minimum HCl

Sorbent Flow

Rate

Hourly

Once per hour

Minimum Hg

Sorbent Flow

Rate

Hourly

Once per hour

Minimum

Pressure Drop

Across the Wet

Scrubber or

Minimum

Horsepower or

Amperage to Wet

Scrubber

Continuous

Once per minute

Minimum

Scrubber Liquor

Flow Rate

Continuous

Once per minute

Minimum

Scrubber Liquor

Continuous

Once per minute

For batch HMIWIs, record the charge per batch.

PART 229.APPENDIX C: Reference Test Methods and Procedures for Performance Tests.

The following test methods and procedures shall be used as specified in Section 229.140(e) of

this Part, when conducting any performance test for the purpose of demonstrating compliance

with the emission limits established under this Part.

All performance tests shall consist of a minimum of 3 test runs conducted under

representative operating conditions. The minimum sample time of 1 hour per

test run shall be used unless otherwise indicated. In order to demonstrate

compliance with the emission limits set forth in Subpart E of this Part, the

arithmetic average of all 3 performance test runs shall be used.

Method 1, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to select the sampling location and number of traverse

points.

Method 2, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to determine average gas density, as well as to measure

gas velocity.

Method 3 or 3A, at 40 CFR Part 60, incorporated by reference at Section

229.104(d) of this Part, shall be used for gas composition analysis, including

measurement of oxygen concentration. Method 3 or 3A, at 40 CFR Part 60,

incorporated by reference at Section 229.104(d) of this Part, shall be used

simultaneously with each reference method.

The pollutant concentrations shall be adjusted to 7 percent oxygen using the

following equation;

adj

= C

meas

(20.9-7)/(20.9-%O

) where:

adj

= pollutant concentration adjusted to 7 percent oxygen;

meas

= pollutant concentration measured on a dry basis (20.9-7)=20.9

percent oxygen – 7 percent oxygen (defined oxygen correction

basis);

20.9 = oxygen concentration in air, percent; and

= oxygen concentration measured on a dry basis, percent.

Method 5 or 29, at 40 CFR Part 60, incorporated by reference at Section

229.104(d) of this Part, shall be used to measure particulate matter emissions.

Method 9, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to measure stack opacity.

Method 10 or 10B, at 40 CFR Part 60, incorporated by reference at Section

229.104(d) of this Part, shall be used to measure CO emissions.

Method 23, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to measure total dioxin/furan emissions. The

minimum sample time shall be 4 hours per test run. If the affected facility has

selected the TEQ for dioxin/furans (set out in Appendix A of this Part), as

provided under Section 229.125(b) or 229.126(b) of this Part, whichever is

applicable, the following procedures shall be used to determine compliance:

Measure the concentration of each dioxin/furan tetra-through-octa-

congener emitted using Method 23;

For each dioxin/furan congener measured in accordance with subsection

(i)(1) of this Section, multiply the congener concentration by its

corresponding TEQ factor specified in Appendix A of this Part; and

Sum the products calculated in accordance with subsection (i)(2) of this

Section to obtain the total concentration of dioxin/furans emitted in terms

of TEQ.

Method 26, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to measure HCl emissions. If the affected facility has

selected the percentage reduction standard for HCl as provided under Sections

229.125(b) or 126(b) of this Part, whichever is applicable, the percentage

reduction in HCl emissions (%R

HCl

) is computed using the following formula:

(%R

HCl

)= ((Ei-Eo)/Ei) x 100

Where:

HCl

percentage reduction of HCl emissions achieved;

HCl emissions concentration measured at the control

device inlet, corrected to 7 percent oxygen (dry

basis); and

HCl emissions concentration measured at the control

device outlet, corrected to 7 percent oxygen (dry

basis).

Method 29, at 40 CFR Part 60, incorporated by reference at Section 229.104(d)

of this Part, shall be used to measure Pb, Cd, and Hg emissions. If the affected

facility has selected the percentage reduction standards for metals as provided in

Sections 229.125(b) or 229.126(b) of this Part, whichever is applicable, the

percentage reduction in emissions (%R

metal

) is computed using the following

formula:

(%R

metal

)=((Ei-Eo)/Ei)x 100

Where:

metal

percentage reduction of metal emissions (Pb, Cd, or

Hg) achieved;

metal emissions concentration (Pb, Cd, or Hg)

measured at the control device inlet, corrected to 7

percent oxygen (dry basis); and

metal emissions concentration (Pb, Cd, or Hg)

measured at the control device outlet, corrected to 7

percent oxygen (dry basis).

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 3rd day of December 1998 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board