Ala. Admin. Code r. 335-3-3-.04

Current through Register Vol. 42, No. 8, May 31, 2024

Section 335-3-3-.04 - Incineration Of Hospital/Medical/Infectious Waste

(1) For the purpose of this Rule, the following definitions apply:

(a) "Batch HMIWI" means an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.

(b) "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.

(c) "Blood Products" means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.

(d) "Body Fluids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions.

(e) "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(f) "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.

(g) "Co-fired combustor" means a unit combusting hospital waste and/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, 10 percent or less of the weight of which 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.

(h) "Continuous emission monitoring system or CEMS" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

(i) "Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion.

(j) "Dioxins/furans" means the combined emissions of tetra-through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23.

(k) "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 the HMIWI exhaust stream forming a dry powder material.

(l) "Fabric filter or baghouse" means an add-on air pollution control system that removes particulate matter (PM) and nonvaporous metals emissions by passing flue gas through filter bags.

(m) "High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

(n) "Hospital" means any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution 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.

(o) "Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" means any device that combusts any amount of hospital waste and/or medical/ infectious waste.

(p) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" means any person who operates, controls or supervises the day-to-day operation of an HMIWI.

(q) "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, and anatomical parts that are intended for interment or cremation.

(r) "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

(s) "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

(t) "Large HMIWI" means:

1. Except as provided in subparagraph 2.;

(i) An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour; or

(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or

(iii) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

2. The following are not large HMIWI:

(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour; or

(ii) A batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day.

(u) "Low-level radioactive waste" means waste material which 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) ].

(v) "Maximum charge rate" means:

1. 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.

2. 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.

(w) "Maximum design waste burning capacity" means:

1. For intermittent and continuous HMIWI,

Click to view image

Where:

C = HMIWI capacity, lb/hr

PV = primary chamber volume, ft³

15,000 = primary chamber heat release rate factor, Btu/ft³/hr 8,500 = standard waste heating value, Btu/lb;

2. For batch HMIWI,

Click to view image

Where:

C = HMIWI capacity, lb/hr

PV = primary chamber volume, ft³

4.5 = waste density, lb/ft³

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

(x) "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 dioxin/furan emission limit.

(y) "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 mercury (Hg) emission limit.

(z) "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 that is listed below: The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in ADEM Admin. Code R. 335-14-2; household waste, as defined in ADEM Admin. Code R. 335-14-2-.01(4)(b)1.; ash from incineration of medical/ infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in ADEM Admin. Code R. 335-14-2-.01(4)(a)1.

1. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

2. 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.

3. Human blood and blood products including:

(i) Liquid waste human blood;

(ii) Products of blood;

(iii) Items saturated and/or dripping with human blood; or

(iv) Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

4. 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, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

5. Animal waste including contaminated animal carcasses, body parts, and 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.

6. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

(aa) "Medium HMIWI" means:

1. Except as provided in subparagraph 2.;

(i) An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(iii) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.

2. The following are not medium HMIWI:

(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or

(ii) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day.

(bb) "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 dioxin/furan emission limit.

(cc) "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 Hg emission limit.

(dd) "Minimum hydrogen chloride (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 HCl emission limit.

(ee) "Minimum horsepower or 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.

(ff) "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 PM emission limit.

(gg) "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 all applicable emission limits.

(hh) "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 HCl emission limit.

(ii) "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 PM, CO, or dioxin/furan emission limits.

(jj) "Modification or Modified HMIWI" means any change to an HMIWI unit on or after June 20, 1996 such that:

1. The cumulative costs of the modifications, over the life of the unit, exceed 50 per centum of the original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or

2. The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under Section 129 or Section 111.

(kk) "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 the HMIWI.

(ll) "Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.

(mm) "Particulate matter or PM" means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 29.

(nn) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

(oo) "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

(pp) "Pyrolysis" means the endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

(qq) "Responsible Official" means one of the following:

1. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii) The delegation of authority to such representatives is approved in advance by the Department;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

4. For affected sources: the designated representative for any other purposes under this Rule.

(rr) "Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

(ss) "Shutdown" means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.

(tt) "Small HMIWI" means:

1. Except as provided in subparagraph 2.;

(i) An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or

(ii) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or

(iii) A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.

2. The following are not small HMIWI:

(i) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour;

(ii) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day.

(uu) "Standard conditions" means a temperature of 20 ºC and a pressure of 101.3 kilopascals.

(vv) "Standard Metropolitan Statistical Area or SMSA" means any areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993 (see 40 CFR § 60.17).

(ww) "Startup" means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.

(xx) "Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.

(2) Applicability.

(a) Except as provided in subparagraphs (b) through (h) of this paragraph, the designated facility to which this Rule applies is each individual HMIWI for which construction was commenced on or before June 20, 1996.

(b) A combustor is not subject to this Rule during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor:

1. Notifies the Director of an exemption claim [see Appendix H]; and

2. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

(c) Any co-fired combustor is not subject to this Rule if the owner or operator of the co-fired combustor:

1. Notifies the Director of an exemption claim [see Appendix H];

2. Provides an estimate of the relative weight of hospital waste, medical/ infectious waste, and other fuels and/or wastes to be combusted; and

3. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

(d) Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to this Rule.

(e) Any combustor which meets the applicability requirements under 40 CFR, Subpart Cb, Ea, or Eb [ADEM Admin. Code R. 335-3-10-.02(3)(a) and (3)(b)] (standards or guidelines for certain municipal waste combustors) is not subject to this Rule.

(f) Any pyrolysis unit is not subject to this Rule.

(g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this Rule.

(h) Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with this Rule are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR, Subpart Ec [ADEM Admin. Code R. 335-3-10-.02(c)] .

(i) Each existing HMIWI is subject to the permitting requirements in ADEM Admin. Code Chapter 335-3-16. Each owner and operator of an existing HMIWI shall submit a Major Source Operating Permit application to the Department by December 15, 1999.

(j) Beginning September 15, 2000, designated facilities subject to this Rule shall operate pursuant to a permit issued under ADEM Admin. Code Chapter 335-3-16.

(3)Emission limits.

(a) On and after the date on which the initial performance test is completed or is required to be completed under §60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table 1 of this paragraph. The emission limits in Table 2 apply to any small HMIWI which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (SMSA) and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 lb/week limitation does not apply during performance tests.

(b) On and after the date on which the initial performance test is completed or is required to be completed under §60.8, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from the stack of that affected facility any gases that exhibit greater than 10 percent opacity (6-minute block average).

TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

Pollutant	Units (7 percent oxygen, dry basis)	Emission Limits
		HMIWI Size
		Small	Medium	Large
Particulate Matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	115 (0.05)	69 (0.03)	34 (0.015)
Carbon Monoxide	Parts per million by volume	40	40	40
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/ furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter total dioxins/ furans TEQ (grains per billion dry standard cubic feet)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0)
Hydrogen Chloride	Parts per million by volume or percent reduction	100 or 93%	100 or 93%	100 or 93%
Sulfur Dioxide	Parts per million by volume	55	55	55
Nitrogen Oxides	Parts per million by volume	250	250	250
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	1.2 (0.52) or 70%	1.2 (0.52) or 70%	1.2 (0.52) or 70%
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	0.16 (0.07) or 65%	0.16 (0.07) or 65%	0.16 (0.07) or 65%
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	0.55 (0.24) or 85%	0.55 (0.24) or 85%	0.55 (0.24) or 85%

TABLE 2. EMISSION LIMITS FOR SMALL HMIWI

Pollutant	Units (7 percent oxygen, dry basis)	HMIWI Emission Limits
Particulate Matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	197 (0.086)
Carbon Monoxide	Parts per million by volume	40
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/ furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter total dioxins/ furans TEQ (grains per billion dry standard cubic feet)	800 (350) or 15 (6.6)
Hydrogen Chloride	Parts per million by volume	3100
Sulfur Dioxide	Parts per million by volume	55
Nitrogen Oxides	Parts per million by volume	250
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	10 (4.4)
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	4 (1.7)
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	7.5 (3.3)

(4)Operator Training and Qualification Requirements.

(a) Compliance with the requirements of this paragraph shall occur no later than one year after EPA approval of these Rules.

(b) No owner or operator of an affected facility shall allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within 1 hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.

(c) Operator training and qualification shall be obtained through a State-approved program that meets the requirements included in subparagraphs (d) through (k) of this paragraph.

(d) Training shall be obtained by completing an HMIWI operator training course that includes, at a minimum, the following provisions:

1. 24 hours of training on the following subjects:

(i) Environmental concerns, including pathogen destruction and types of emissions;

(ii) Basic combustion principles, including products of combustion;

(iii) Operation of the type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures;

(iv) Combustion controls and monitoring;

(v) Operation of air pollution control equipment and factors affecting performance (if applicable);

(vi) Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures (where applicable);

(vii) Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems;

(viii) Bottom and fly ash characteristics and handling procedures;

(ix) Applicable Federal, State, and local regulations;

(x) Work safety procedures;

(xi) Pre-startup inspections; and

(xii) Recordkeeping requirements.

2. An examination designed and administered by the instructor.

3. Reference material distributed to the attendees covering the course topics.

(e) Qualification shall be obtained by:

1. Completion of a training course that satisfies the criteria under subparagraph (d) of this paragraph; and

2. Either 6 months experience as an HMIWI operator, 6 months experience as a direct supervisor of an HMIWI operator, or completion of at least two burn cycles under the observation of two qualified HMIWI operators.

(f) Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later.

(g) To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an annual review or refresher course of at least 4 hours covering, at a minimum, the following:

1. Update of regulations;

2. Incinerator operation, including startup and shutdown procedures;

3. Inspection and maintenance;

4. Discussion of operating problems encountered by attendees.

(h) A lapsed qualification shall be renewed by one of the following methods:

1. For a lapse of less than 3 years, the HMIWI operator shall complete and pass a standard annual refresher course described in subparagraph (g) of this paragraph above.

2. For a lapse of 3 years or more, the HMIWI operator shall complete and pass a training course with the minimum criteria described in subparagraph (d) of this paragraph above.

(i) The owner or operator of an affected facility shall maintain documentation at the facility that address the following:

1. Summary of the applicable standards under this Rule;

2. Description of basic combustion theory applicable to an HMIWI;

3. Procedures for receiving, handling, and charging waste;

4. HMIWI startup, or shutdown procedures;

5. Procedures for maintaining proper combustion air supply levels;

6. Procedures for operating the HMIWI and associated air pollution control systems within the standards established under this Rule;

7. Procedures for monitoring HMIWI emissions;

8. Reporting and recordkeeping procedures; and

9. Procedures for handling ash.

(j) The owner or operator of an affected facility shall establish a program for reviewing the information listed in subparagraph (i) of this paragraph annually with each HMIWI operator.

1. The initial review of the information listed in subparagraph (i) of this paragraph shall be conducted within 6 months after EPA approval of these Rules or prior to assumption of responsibilities affecting HMIWI operation, whichever date is later.

2. Subsequent reviews of the information listed in subparagraph (i) of this paragraph shall be conducted annually.

(k) The information listed in subparagraph (i) of this paragraph shall be kept in a readily accessible location for all HMIWI operators. This information, along with records of training shall be available for inspection by the Department.

(5)Waste Management Guidelines. The owner or operator of an affected facility shall prepare a waste management plan. The waste management plan shall identify both the feasibility and the approach to separate certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. A waste management plan may include, but is not limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products. A waste management plan may include different goals or approaches for different areas or departments of the facility and need not include new waste management goals for every waste stream. It should identify, where possible, reasonably available additional waste management measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions expected to be achieved, and any other environmental or energy impacts they might have. The American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" shall be considered in the development of the waste management plan.

(6)Inspection Guidelines.

(a) The requirements of this paragraph apply to small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule.

(b) Within one year of EPA approval of these Rules and annually thereafter (no more than 12 months following the previous annual equipment inspection) an equipment inspection shall be performed.

1. At a minimum, an inspection shall include the following:

(i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor, as necessary;

(ii) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

(iii) Inspect hinges and door latches, and lubricate as necessary;

(iv) Inspect dampers, fans, and blowers for proper operation;

(v) Inspect HMIWI door and door gaskets for proper sealing;

(vi) Inspect motors for proper operation;

(vii) Inspect primary chamber refractory lining; clean and repair/replace lining as necessary;

(viii) Inspect incinerator shell for corrosion and/or hot spots;

(ix) Inspect secondary/tertiary chamber and stack, clean as necessary;

(x) Inspect mechanical loader, including limit switches, for proper operation, if applicable;

(xi) Visually inspect waste bed (grates), and repair/seal, as appropriate;

(xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;

(xiii) Inspect air pollution control device(s) for proper operation, if applicable;

(xiv) Inspect waste heat boiler systems to ensure proper operation, if applicable;

(xv) Inspect bypass stack components;

(xvi) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

(xvii) Generally observe that the equipment is maintained in good operating condition.

2. Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary repairs of the designated facility shall be completed.

(7)Compliance and Performance Testing.

(a) The emission limits under this Rule apply at all times except during periods of startup or shutdown, provided that no hospital waste or medical/infectious waste is charged to the affected facility during startup or shutdown.

(b) The owner or operator of an affected facility shall conduct an initial performance test as required under §60.8 to determine compliance with the emission limits using the procedures and test methods listed in subparagraphs (b)1. through (b)11. of this paragraph. The use of the bypass stack during a performance test shall invalidate the performance test.

1. All performance tests shall consist of a minimum of three test runs conducted under representative operating conditions.

2. The minimum sample time shall be 1 hour per test run unless otherwise indicated.

3. EPA Reference Method 1 of Appendix A of 40 CFR 60 shall be used to select the sampling location and number of traverse points.

4. EPA Reference Method 3 or 3A of Appendix A of 40 CFR 60 shall be used for gas composition analysis, including measurement of oxygen concentration. EPA Reference Method 3 or 3A of Appendix A of 40 CFR 60 shall be used simultaneously with each reference method.

5. The pollutant concentrations shall be adjusted to 7 percent oxygen using the following equation:

Click to view image

Where:

C_adj = pollutant concentration adjusted to 7 percent oxygen;

C_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

%O₂ = oxygen concentration measured on a dry basis, percent.

6. EPA Reference Method 5 or 29 of Appendix A of 40 CFR 60 shall be used to measure the particulate matter emissions.

7. EPA Reference Method 9 of Appendix A of 40 CFR 60 shall be used to measure stack opacity.

8. EPA Reference Method 10 or 10B of Appendix A of 40 CFR 60 shall be used to measure the CO emissions.

9. EPA Reference Method 23 of Appendix A of 40 CFR 60 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 toxic equivalency standards for dioxin/furans, under paragraph (3) of this Rule, the following procedures shall be used to determine compliance:

(i) Measure the concentration of each dioxin/furan tetra-through octa-congener emitted using EPA Reference Method 23.

(ii) For each dioxin/furan congener measured in accordance with subparagraph (b)9.(i) of this paragraph, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 of this Rule.

(iii) Sum the products calculated in accordance with subparagraph (b)9.(ii) of this paragraph to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

TABLE 3. TOXIC EQUIVALENCY FACTORS

Dioxin/Furan Congener	Toxic Equivalency Factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin	1
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

10. EPA Reference Method 26 or 26A of Appendix A of 40 CFR 60 shall be used to measure HCl emissions. If the affected facility has selected the percentage reduction standards for HCl under paragraph (3) of this Rule, the percentage reduction in HCl emissions (%RHCl) is computed using the following formula:

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Where:

%R_HCl = percentage reduction of HCl emissions achieved;

E_i = HCl emission concentration measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and

Eo = HCl emission concentration measured at the control device outlet, corrected to 7 percent oxygen (dry basis).

11. EPA Reference Method 29 of Appendix A of 40 CFR 60 shall be used to measure Pb, Cd, and Hg emissions. If the affected facility has selected the percentage reduction standards for metals under paragraph (3) of this Rule, the percentage reduction in emissions (%Rmetal) is computed using the following formula:

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Where:

%R metal = percentage reduction of metal emission (Pb, Cd, or Hg) achieved;

Ei = metal emission concentration (Pb, Cd, or Hg) measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and

Eo = metal emission concentration (Pb, Cd, or Hg) measured at the control device outlet, corrected to 7 percent oxygen (dry basis).

(c) Following the date on which the initial performance test is completed or is required to be completed under §60.8, whichever date comes first, the owner or operator of an affected facility shall:

1. Determine compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in subparagraph (b) of this paragraph.

2. Determine compliance with the PM, CO, and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in subparagraph (b) of this paragraph. If all three performance tests over a 3-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent 2 years, if specifically approved by the Director. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for up to an additional 2 years, if specifically approved by the Director. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a 3-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.

3. Facilities using a CEMS to demonstrate compliance with any of the emission limits under paragraph (3) of this Rule shall:

(i) Determine compliance with the appropriate emission limit(s) using a 12-hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup or shutdown).

(ii) Operate all CEMS in accordance with the applicable procedures under Appendices B and F of 40 CFR 60.

(d) The owner or operator of an affected facility 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 shall:

1. Establish the appropriate maximum and minimum operating parameters, indicated in Table 4 of this Rule for each control system, as site specific operating parameters during the initial performance test to determine compliance with the emission limits; and

2. Following the date on which the initial performance test is completed or is required to be completed under §60.8, whichever date comes first, ensure that the affected facility does not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table 4 of this Rule and measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup or shutdown. Operating parameter limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating parameter(s) shall constitute a violation of established operating parameter(s).

(e) Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a dry scrubber followed by a fabric filter:

1. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

2. Operation of the affected facility 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) simultaneously shall constitute a violation of the dioxin/furan emission limit.

3. Operation of the affected facility above the maximum charge rate and below the minimum HCl sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

4. Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

5. Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(f) Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a wet scrubber:

1. Operation of the affected facility 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) simultaneously shall constitute a violation of the PM emission limit.

2. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

3. Operation of the affected facility 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) simultaneously shall constitute a violation of the dioxin/furan emission limit.

4. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

5. Operation of the affected facility above the maximum flue gas temperature and above the maximum charge rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

6. Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(g) Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber:

1. Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.

2. Operation of the affected facility 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) simultaneously shall constitute a violation of the dioxin/furan emission limit.

3. Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.

4. Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.

5. Use of the bypass stack (except during startup or shutdown) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.

(h) The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the affected facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under subparagraph (e), (f), or (g) of this paragraph.

(i) The owner or operator of an affected facility using an air pollution control device 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 to comply with the emission limits under paragraph (3) of this Rule shall petition the Administrator for other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the petition has been approved by the Administrator.

(j) The owner or operator of an affected facility may conduct a repeat performance test at any time to establish new values for the operating parameters. The Administrator may request a repeat performance test at any time.

(k) Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following compliance and performance testing requirements:

1. Conduct the performance testing requirements in subparagraphs (a), (b)1. through (b)9., (b)11. [Mercury only], and (c)1. of this paragraph. The 2,000 lb/week limitation does not apply during performance tests.

2. Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.

3. Following the date on which the initial performance test is completed or is required to be completed under §60.8, whichever date comes first, ensure that the designated facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup or shutdown. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).

4. Except as provided in subparagraph (k)5. of this paragraph below, operation of the designated facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits.

5. The owner or operator of a designated facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under subparagraph (k)4. of this paragraph above.

(8)Monitoring.

(a) The owner or operator of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate devices (or establish methods) for monitoring the applicable maximum and minimum operating parameters listed in Table 4 of this Rule such that these devices (or methods) measure and record values for these operating parameters at the frequencies indicated in Table 4 of this Rule at all times except during periods of startup and shutdown.

(b) The owner or operator of an affected facility shall install, calibrate (to manufacturers' specifications), maintain, and operate a device or method for measuring the use of the bypass stack including date, time, and duration.

(c) The owner or operator of an affected facility using something 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 to comply with the emission limits under paragraph (3) of this Rule shall install, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor the site-specific operating parameters developed pursuant to subparagraph (7)(i) of this Rule.

(d) The owner or operator of an affected facility shall obtain 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 obtained for 75 percent of the operating hours per day and for 90 percent of the operating days per calendar quarter that the affected facility is combusting hospital waste and/or medical/infectious waste.

(e) Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following monitoring requirements:

1. Install, calibrate (to manufacturers' specifications), maintain, and operate a device for 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 throughout operation.

2. Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI.

3. The owner or operator of a designated facility shall obtain 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 obtained for 75 percent of the operating hours per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital waste and/or medical/infectious waste.

TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND RECORDING FREQUENCIES

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(9)Reporting and Recordkeeping Requirements.

(a) The owner or operator of an affected facility shall maintain the following information (as applicable) for a period of at least 5 years:

1. Calendar date of each record;

2. Records of the following data:

(i) Concentrations of any pollutant listed in paragraph (3) of this Rule or measurements of opacity as determined by the continuous emission monitoring system (if applicable);

(ii) Results of fugitive emissions (by EPA Reference Method 22) tests, if applicable;

(iii) HMIWI charge dates, times, and weights and hourly charge rates;

(iv) Fabric filter inlet temperatures during each minute of operation, as applicable;

(v) Amount and type of dioxin/furan sorbent used during each hour of operation, as applicable;

(vi) Amount and type of Hg sorbent used during each hour of operation, as applicable;

(vii) Amount and type of HCl sorbent used during each hour of operation, as applicable;

(viii) Secondary chamber temperatures recorded during each minute of operation;

(ix) Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable;

(x) Horsepower or amperage to the wet scrubber during each minute of operation, as applicable;

(xi) Pressure drop across the wet scrubber system during each minute of operation, as applicable,

(xii) Temperature at the outlet from the wet scrubber during each minute of operation, as applicable;

(xiii) pH at the inlet to the wet scrubber during each minute of operation, as applicable,

(xiv) Records indicating use of the bypass stack, including dates, times, and durations, and

(xv) For affected facilities complying with subparagraphs (7)(i) and (8)(c) of this Rule, the owner or operator shall maintain all operating parameter data collected.

3. Identification of calendar days for which data on emission rates or operating parameters specified under subparagraph (a)2. of this paragraph have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data, and a description of corrective actions taken.

4. Identification of calendar days for which data on emission rates or operating parameters specified under subparagraph (a)2. of this paragraph exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective actions taken.

5. The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable.

6. Records showing the names of HMIWI operators who have completed review of the information in subparagraph (4)(i) as required by subparagraph (4)(j), including the date of the initial review and all subsequent annual reviews;

7. Records showing the names of the HMIWI operators who have completed the operator training requirements, including documentation of training and the dates of the training;

8. Records showing the names of the HMIWI operators who have met the criteria for qualification under paragraph (4) of this Rule and the dates of their qualification; and

9. Records of calibration of any monitoring devices as required under subparagraphs (8)(a), (b), and (c) of this Rule.

(b) The owner or operator of an affected facility shall submit the information specified in subparagraphs (b)1. through (b)3. of this paragraph no later than 60 days following the initial performance test. All reports shall be signed by the responsible official.

1. The initial performance test data as recorded under subparagraphs (7)(b)1. through (b)11., as applicable.

2. The values for the site-specific operating parameters established pursuant to subparagraphs (7)(d) or (i), as applicable.

3. The waste management plan as specified in paragraph (5) of this Rule.

(c) An annual report shall be submitted 1 year following the submission of the information in subparagraph (b) of this paragraph and subsequent reports shall be submitted no more than 12 months following the previous report (once the unit is subject to permitting requirements under Chapter 335-3-16, the owner or operator of an affected facility must submit these reports semiannually). The annual report shall include the information specified in subparagraphs (c)1. through (c)8. of this paragraph. All reports shall be signed by the responsible official.

1. The values for the site-specific operating parameters established pursuant to subparagraph (7)(d) or (i), as applicable.

2. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to subparagraph (7)(d) or (i), as applicable.

3. The highest maximum operating parameter and the lowest minimum operating parameter, as applicable for each operating parameter recorded pursuant to subparagraph (7)(d) or (i) for the calendar year preceding the year being reported, in order to provide the Director with a summary of the performance of the affected facility over a 2-year period.

4. Any information recorded under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year being reported.

5. Any information recorded under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year preceding the year being reported, in order to provide the Director with a summary of the performance of the affected facility over a 2-year period.

6. If a performance test was conducted during the reporting period, the results of that test.

7. If no exceedances were reported under subparagraphs (c)3. through (c)5. of this paragraph for the calendar year being reported, a statement that no exceedances occurred during the reporting period.

8. Any use of the bypass stack, the duration, reason for its use, and corrective action taken.

(d) The owner or operator of an affected facility shall submit semiannual reports containing any information recorded under subparagraphs (a)3. through (a)5. of this paragraph no later than 60 days following the reporting period. The first semiannual reporting period ends 6 months following the submission of information in subparagraph (b) of this paragraph. Subsequent reports shall be submitted no later than 6 calendar months following the previous report. All reports shall be signed by the responsible official.

(e) All records specified under subparagraph (a) of this paragraph shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the Director.

(f) Any small HMIWI subject to the emission limits in Table 2 of paragraph (3) of this Rule shall meet the following reporting and recordkeeping requirements:

1. Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection or the timeframe established by the Department; and

2. Submit an annual report containing information recorded under subparagraph (f)1. above no later than 60 days following the year in which data were 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 Chapter 335-3-16, the owner or operator must submit these reports semiannually). The report shall be signed by the responsible official.

(10)Compliance Schedules.

(a) Except as provided in subparagraph (b), designated facilities to which this Rule applies [as defined in paragraph (2)] shall comply with all requirements of this Rule on or before the date one year after EPA approval of these Rules, regardless of whether the Department has identified a designated facility in its inventory required by §60.25(a) of 40 CFR, Subpart B.

[NOTE: EPA approved these Rules effective June 9, 2000 in the April 10, 2000 Federal Register.]

(b) For designated facilities planning to install the necessary air pollution control equipment, the Department may allow compliance on or before the date three years after EPA approval of these Rules, but as expeditiously as possible. Within 90 days of EPA's approval of these Rules, these facilities shall petition the Department in writing, as outlined in subparagraphs 1. through 2. below. Under no circumstances can compliance with these Rules extend beyond September 15, 2002.

1. Documentation of the analyses undertaken to support the need for an extension, including an explanation of why up to 3 years after EPA approval of these Rules is sufficient time to comply while 1 year after EPA approval of these Rules is not sufficient. The documentation shall also include an evaluation of the option to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

2. Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with this Rule, as defined in subparagraphs (i) through (x) below:

(i) Date for submitting a petition for site specific operating parameters under subparagraph (7)(i) of this Rule [§60.56c(i) of 40 CFR Subpart Ec].

(ii) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s);

(iii) Date for obtaining design drawings of the air pollution control device(s);

(iv) Date for ordering the air pollution control device(s);

(v) Date for obtaining the major components of the air pollution control device(s);

(vi) Date for initiation of site preparation for installation of the air pollution control device(s);

(vii) Date for initiation of installation of the air pollution control device(s);

(viii) Date for initial startup of the air pollution control device(s); and

(ix) Date for initial compliance test(s) of the air pollution control device(s).

(x) Date for final compliance.

(c) Designated facilities planning to shut down permanently to demonstrate compliance with subparagraph (a) of these Rules shall notify the Department in writing, within 90 days after EPA approval of these Rules. The notification shall include documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with this Rule, as defined in subparagraphs 1. through 6. below:

1. Date for designated facility plan for shut down;

2. Date for contract with the appropriate vendor (off-site hauler or alternative waste treatment equipment);

3. Date to begin construction of alternative waste treatment equipment (if applicable);

4. Date for complete installation of alternative waste treatment equipment (if applicable);

5. Date for shut down of incinerator;

6. Date for dismantling incinerator.

(d)Department Actions on Petitions. On receipt of a petition, the Department will authorize one of the following actions, as they shall determine:

1. The petition may be dismissed if the Department determines that it is not adequate under subparagraph (b) of this paragraph.

2. The Department may grant the request of the petition, as petitioned or by imposing such conditions as these Rules may require in the Major Source Operating Permit, including the establishment of schedules of compliance.

3. The Department may deny the petition. If such a denial is made, the Department shall notify the petitioner in writing, state the reasons for denial and outline procedures for appeal.

(e)Termination Procedures. Any petition granted by the Department may be terminated by the Department whenever the Department finds, after an opportunity for the petitioner to demonstrate compliance and after notice and an opportunity for hearing, that the petitioner is in violation of any requirement, condition, schedule, limitation or any other provision of the petition or that operation under the petition does not meet the minimum requirements established by state and federal laws and regulations or is unreasonably threatening the public health.

Ala. Admin. Code r. 335-3-3-.04

Effective Date September 19, 1991. Repealed and New Rule: Filed April 15, 1999; effective May 20, 1999. Amended: Filed August 3, 2000; effective September 7, 2000. Amended: Filed February 7, 2002; effective March 14, 2002.

Author: Ronald W. Gore

Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.