W. Va. Code R. § 45-18-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-18-7 - Requirements for existing hospital, medical, and infectious waste incinerators

7.1. Requirements for existing HMIWI units. -- The owner or operator of an existing HMIWI unit under this section shall comply with the applicable emission guidelines, compliance times, requirements, and provisions of 40 CFR part 60 , subpart Ce set forth in this section 7 and below in Tables 45-18A, 45-18B, 45-18C and 45-18D, including any reference methods, performance specifications, and other test methods associated with subpart Ce. No person shall reconstruct, modify or operate, or cause to be reconstructed, modified or operated, an existing HMIWI unit that results in a violation of 40 CFR part 60 subpart Ce, or this rule.

7.2. Applicability. -- HMIWI units that are designated facilities under subdivision 7.2.a are subject to the requirements for existing HMIWI units set forth here in.

7.2.a. Designated facilities. -- Except as provided in subdivisions 7.2.b through 7.2.h, the designated facility to which the emissions guidelines apply is each individual HMIWI unit in West Virginia:

7.2.a.1. For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or

7.2.a.2. For which construction was commenced after June 20, 1996 but no later than December 1, 2008, or for which modification is commenced after March 16, 1998 but no later than April 6, 2010.

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

7.2.b.1. Notifies the Secretary of an exemption claim; and

7.2.b.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.

7.2.c. Any co-fired combustor is not subject to this section if the owner or operator of the co-fired combustor:

7.2.c.1. Notifies the Secretary of an exemption claim;

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

7.2.c.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.

7.2.d. Units not subject to this section:

7.2.d.1. Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act;

7.2.d.2. Any combustor which meets the applicability requirements under 40 CFR part 60 , subparts Cb, Ea, or Eb (standards or guidelines for certain municipal waste combustors);

7.2.d.3. Any pyrolysis unit; and

7.2.d.4. Cement kilns firing hospital waste and/or medical/infectious waste.

7.2.e. Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission guidelines under this section are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR part 60 , subpart Ec.

7.2.f. On or before September 15, 2000, the owner or operator of an existing HMIWI unit shall operate pursuant to a Title V permit in accordance with the requirements of 45CSR30.

7.2.g. Designated facilities under paragraph 7.2.a.1 are subject to the requirements of 40 CFR part 62 , subpart XX.

7.3. Emissions guidelines.

7.3.a. The owner or operator of an existing HMIWI unit shall comply with the following emissions limits as applicable:

7.3.a.1. For a designated facility set forth in paragraph 7.2.a.1 subject to the emissions guidelines, the requirements listed below in Table 45-18A, except as provided in subdivision 7.3.b;

7.3.a.2. For a designated facility set forth in paragraph 7.2.a.1 subject to the emissions guidelines, the requirements listed in Table 45-18B, except as provided in subdivision 7.3.b;

7.3.a.3. For a designated facility set forth in paragraph 7.2.a.2, the more stringent of the requirements listed in Table 45-18B and Table 1A of 40 CFR part 60 , subpart Ec.

7.3.b. The owner or operator of any small HMIWI unit constructed on or before June 20, 1996, which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste shall comply with emissions limits in paragraphs 7.3.b.1 and 7.3.b.2, as applicable. The 2,000 pounds per week limitation does not apply during performance tests.

7.3.b.1. For a designated facility under paragraph 7.2.a.1 subject to the emissions guidelines, the requirements listed in Table 45-18C; and

7.3.b.2. For a designated facility under paragraph 7.2.a.1 subject to the emissions the requirements listed in Table 45-18D.

7.3.c. The owner or operator of any existing HMIWI unit shall comply with the following stack opacity requirements, as applicable:

7.3.c.1. For a designated facility under paragraph 7.2.a.1 subject to the emissions, the requirements in 40 CFR § 60.52c(b)(1); and

7.3.c.2. For a designated facility under paragraph 7.2.a.1 subject to the emissions guidelines and a designated facility under paragraph 7.2.a.2, the requirements in 40 CFR § 60.52c(b)(2).

7.4. Operator training and qualification guidelines. -- The owner or operator of an existing HMIWI unit shall comply with the operator training and qualification requirements specified in 40 CFR § 60.53c:

7.4.a. For a designated facility under paragraph 7.2.a.1, by July 28, 2001, and

7.4.b. For a designated facility under paragraph 7.2.a.2, at the time of initial facility start-up.

7.5. Waste management guidelines. -- The owner or operator of an existing HMIWI unit under paragraphs 7.2.a.1 and 7.2.a.2 shall comply with the waste management plan specified in 40 CFR § 60.55c within one year after the date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 60 , subpart Ce requirements.

7.6. Inspection guidelines.

7.6.a. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.b and each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2 and 7.3.a.3 shall perform an initial equipment inspection within one year after the date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 62 , subpart XX, and the related provisions of 40 CFR part 60 , subpart Ce. The initial equipment inspection shall include the following:

7.6.a.1. Inspection of all burners, pilot assemblies, and pilot sensing devices for proper operation and cleaning of pilot flame sensor, as necessary;

7.6.a.2. Ensuring proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

7.6.a.3. Inspection of hinges and door latches and lubrication as necessary;

7.6.a.4. Inspection of dampers, fans, and blowers for proper operation;

7.6.a.5. Inspection of HMIWI unit door and door gaskets for proper sealing;

7.6.a.6. Inspection of motors for proper operation;

7.6.a.7. Inspection of primary chamber refractory lining; cleaning and repairing or replacing lining as necessary;

7.6.a.8. Inspection of incinerator shell for corrosion and hot spots;

7.6.a.9. Inspection of secondary and tertiary chamber and stack, cleaning as necessary;

7.6.a.10. Inspection of mechanical loader, including limit switches, for proper operation, if applicable;

7.6.a.11. Visual inspection of waste bed (grates), and repairing or sealing, as appropriate;

7.6.a.12. For the burn cycle that follows the inspection, documentation that the incinerator is operating properly and making any necessary adjustments;

7.6.a.13. Inspection of air pollution control device(s) for proper operation, if applicable;

7.6.a.14. Inspection of waste heat boiler systems to ensure proper operation, if applicable;

7.6.a.15. Inspection of bypass stack components;

7.6.a.16. Ensuring proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

7.6.a.17. Generally observing that the equipment is maintained in good operating condition.

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

7.6.c. The owner or operator of each small HMIWI unit subject to the emissions limits under subdivision 7.3.b and each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2 and 7.3.a.3 shall perform an equipment inspection annually (no more than 12 months following the previous annual equipment inspection), as outlined in subdivision 7.6.a.

7.6.d. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph 7.3.b.2 and each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2 and 7.3.a.3 shall perform an initial air pollution control device inspection, as applicable, within one year following approval of the 111(d)/129 state plan revision for HMIWI units under 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60, subpart Ce. The initial air pollution control device inspection shall include the following:

7.6.d.1. Inspect air pollution control device(s) for proper operation, if applicable;

7.6.d.2. Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; and

7.6.d.3. Generally observe that the equipment is maintained in good operating condition.

7.6.e. Within ten operating days following an air pollution control device inspection under subdivision 7.6.d, the owner or operator shall complete all necessary repairs unless the owner or operator obtains written approval from the Secretary establishing a date whereby the owner or operator shall complete all necessary repairs of the designated facility.

7.6.f. The owner or operator of each small HMIWI unit subject to the emissions limits under paragraph 7.3.b.2 and each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2 and 7.3.a.3 shall perform an air pollution control device inspection, as applicable, annually (no more than 12 months following the previous annual air pollution control device inspection), as outlined in subdivision 7.6.d.

7.7. Compliance, performance testing, and monitoring guidelines.

7.7.a. Except as provided in subdivision 7.7.b, the owner or operator of a HMIWI unit shall comply with the requirements for compliance and performance testing listed in 40 CFR § 60.56c, with the following exclusions:

7.7.a.1. For a designated facility under paragraph 7.2.a.1 subject to the emissions limits in paragraph 7.3.a.1, the test methods listed in 40 CFR §§ 60.56c(b)(7) and (8), the fugitive emissions testing requirements under 40 CFR §§ 60.56c(b)(14) and (c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h).

7.7.a.2. For a designated facility under paragraphs 7.2.a.1 and 7.2.a.2 subject to the emissions limits in paragraphs 7.3.a.2 and 7.3.a.3, the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Sources subject to the emissions limits under paragraphs 7.3.a.2 and 7.3.a.3 may, however, elect to use CO CEMS as specified under 40 CFR § 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR § 60.57c(h).

7.7.b. Except as provided in paragraphs 7.7.b.1 and 7.7.b.2, the owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.b shall comply with the performance testing requirements listed in 40 CFR § 60.56c. The 2,000 pounds per week limitation under subdivision 7.3.b does not apply during performance tests.

7.7.b.1. For a designated facility under paragraph 7.2.a.1 subject to the emissions limits under paragraph 7.3.b.1, the test methods listed in 40 CFR §§ 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and (14), the annual PM, CO, and HCl emissions testing requirements under 40 CFR § 60.56c(c)(2), the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4).The compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5) through (7), and (d) through (k) do not apply.

7.7.b.2. For a designated facility under paragraph 7.2.a.2 subject to the emissions limits under paragraph 7.3.b.2, the annual fugitive emissions testing requirements under 40 CFR § 60.56c(c)(3), the CO CEMS requirements under 40 CFR § 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10) do not apply. Sources subject to the emissions limits under paragraph 7.3.b.2 may, however, elect to use CO CEMS as specified under 40 CFR § 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR § 60.57c(h).

7.7.c. The owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.b that is not equipped with an air pollution control device shall comply with the following compliance and performance testing requirements:

7.7.c.1. Establishment of 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;

7.7.c.2. Following the date on which the initial performance test is completed or is required to be completed under 40 CFR § 60.8, whichever date comes first, the small HMIWI unit shall not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times. 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).

7.7.c.3. Operation above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the PM, CO and dioxin/furan emission limits, except as provided in paragraph 7.7.c.4; and

7.7.c.4. The owner or operator of a small HMIWI unit may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the small HMIWI unit is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted under process and control device operating conditions duplicating as nearly as possible those that indicated a violation under paragraph 7.7.c.3;

7.7.d. The owner or operator of a HMIWI unit subject to the emissions limits under subdivisions 7.3.a and 7.3.b shall comply with the requirements for monitoring listed in 40 CFR § 60.57c, except as provided for under subdivision 7.7.e.

7.7.e. The owner or operator of a small HMIWI unit subject to the emissions limits under subdivision 7.3.b that is not equipped with an air pollution control device shall comply with the following monitoring requirements:

7.7.e.1. Installation, calibration (to manufacturer's specifications), maintenance and operation of 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;

7.7.e.2. Installation, calibration (to manufacturer's specifications), maintenance and operation of a device that automatically measures and records the date, time, and weight of each charge fed into the HMIWI unit;

7.7.e.3. The owner or operator of a HMIWI unit shall obtain monitoring data at all times during HMIWI unit operation except during periods of monitoring equipment malfunction, calibration or repair. At a minimum, the owner or operator shall obtain valid monitoring data for 75% of the operating hours per day and for 90% of the operating hours per calendar quarter that the HMIWI unit is combusting hospital waste or medical/infectious waste.

7.7.f. The owner or operator of a designated facility under paragraphs 7.2.a.1 or 7.2.a.2 subject to emissions limits under paragraphs 7.3.a.2, 7.3.a.3 or 7.3.b.2 may use the results of previous emissions tests to demonstrate compliance with the emissions limits, provided that the conditions in paragraphs 7.7.f.1 through 7.7.f.3 are met:

7.7.f.1. The designated facility's previous emissions tests were conducted using the applicable procedures and test methods listed in 40 CFR § 60.56c(b). Previous emissions test results obtained using EPA-accepted voluntary consensus standards are also acceptable.

7.7.f.2. The HMIWI unit at the designated facility is currently operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that would be expected to result in the same or lower emissions than observed during the previous emissions test(s).The HMIWI unit may not have been modified such that emissions would be expected to exceed (notwithstanding normal test-to-test variability) the results from previous emissions test(s).

7.7.f.3. The previous emissions test(s) were conducted in 1996 or later.

7.8. Reporting and Recordkeeping Guidelines.

7.8.a. Except as provided in paragraphs 7.8.a.1 and 7.8.a.2, the owner or operator of an existing HMIWI unit shall comply with the reporting and recordkeeping requirements listed in 40 CFR §§ 60.58c(b) through (g).

7.8.a.1. For a designated facility under paragraph 7.2.a.1 subject to emissions limits under paragraphs 7.3.a.1 or 7.3.b.1, excluding 40 CFR §§ 60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) (NO_X reagent), (b)(2)(xvii) (air pollution control device inspections), (b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).

7.8.a.2. For a designated facility under paragraphs 7.2.a.1 or 7.2.a.2 subject to emissions limits under paragraphs 7.3.a.2, 7.3.a.3 or 7.3.b.2, excluding 40 CFR §§ 60.58c(b)(2) (xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).

7.8.b. The owner or operator of each HMIWI unit subject to the emissions limits under subsection 7.3 shall:

7.8.b.1. As specified in subsection 7.6, maintain records of the annual equipment inspections that are required for each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2, 7.3.a.3 and subdivision 7.3.b; the annual air pollution control device inspections that are required for each HMIWI unit subject to the emissions limits under paragraphs 7.3.a.2, 7.3.a.3 and 7.3.b.2; any required maintenance; and any repairs not completed within ten days of an inspection or repair date approved by the Secretary; and

7.8.b.2. Submit an annual report containing information recorded under paragraph 7.8.b.1 no later than 60 days following the year in which data were collected. The owner or operator shall send subsequent reports no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under 45CSR30, the owner or operator shall submit these reports semiannually). The owner or operator shall sign and certify the report in accordance with subdivision 7.8.c.

7.8.c. Where reports are required to be submitted to the Secretary under the terms of a permit issued pursuant to 45CSR13, 45CSR14, 45CSR19 or 45CSR30, the owner or operator shall sign and certify the reports in accordance with the requirements of the applicable permitting rule. Where reports are required to be submitted to the Secretary under this rule, and no permit is in effect under 45CSR13, 45CSR14, 45CSR19 or 45CSR30, the facilities manager shall sign the report, which shall contain a certification stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

7.9. Compliance times.

7.9.a. Except as provided in subdivisions 7.9.b, 7.9.c and 7.9.d, on or after July 28, 2001, the owner or operator of any existing HMIWI unit subject to the requirements of 40 CFR part 62 , subpart XX, and the related provisions of 40 CFR part 60 , subpart Ce, shall be in compliance with all applicable provisions of this section.

7.9.b. No later than November 28, 2000, the owner or operator of an existing HMIWI unit required to install air pollution control equipment shall submit a compliance plan and schedule subject to the approval of the Secretary that meets the following criteria:

7.9.b.1. No later than July 28, 2001, if a facility that plans to install 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, the facility shall submit a petition for site specific operating parameters under 40 CFR § 60.56c(i) to the Administrator and the Secretary;

7.9.b.2. The facility shall obtain, no later than July 28, 2001, services of an architectural and engineering firm regarding air pollution device(s);

7.9.b.3. The facility shall order, no later than January 28, 2002, design drawings of an air pollution device(s);

7.9.b.4. The facility shall order, no later than January 28, 2002, air pollution device(s);

7.9.b.5. The facility shall initiate, no later than July 28, 2002, site preparation for installation of the air pollution device(s);

7.9.b.6. The facility shall conduct, no later than April 28, 2002, initial startup of the air pollution device(s);

7.9.b.7. The facility shall conduct, no later than April 28, 2002, initial compliance test(s) of the air pollution device(s); and

7.9.b.8. No later than September 16, 2002, the owner or operator of an existing HMIWI unit shall not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.

7.9.c. An owner or operator of an existing HMIWI unit who submits in writing to the Secretary a request for an extension to comply beyond the compliance dates under subdivision 7.9.b, shall submit to the Secretary no later than April 28, 2001, the following information:

7.9.c.1. An analysis to support the need for an extension, including an explanation of why a time period up to three years after July 28, 2000 is not sufficient time to comply with subdivision 7.9.b;

7.9.c.2. A demonstration of the feasibility to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

7.9.c.3. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table 45-18A, or Table 45-18C for small rural units, as applicable.

7.9.d. The Secretary will notify the owner or operator of an existing HMIWI, in writing, of his or her decision either to grant or deny the request for extension. The owner or operator shall comply with one of the following:

7.9.d.1. If the request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.b no later than 30 days after denial of the request for extension, or July 28, 2001, whichever is later; or

7.9.d.2. If the request for extension is granted, the owner or operator shall submit a compliance plan and schedule commensurate with the granted extension no later than 30 days after the date the request for extension was granted.

7.9.d.3. If an extension is granted by the Secretary, the owner or operator shall comply in an expeditious manner with the 111(d)/129 plan requirements of Part 62, Subpart XX, §§62.12150 through 62.12152 on or before the date three years after U.S. EPA approval of the West Virginia 111(d)/129 plan (but not later than September 16, 2002), for the emissions guidelines, and on or before the date three years after U.S. EPA approval of an amended West Virginia 111(d)/129 plan (but not later than October 6, 2014), for the emissions guidelines.

7.9.e. Except as provided in subdivisions 7.9.f, 7.9.g and 7.9.h, one year after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, the owner or operator of any existing HMIWI unit subject to the requirements of 40 CFR part 62, subpart XX, and the related provisions of 40 CFR part 60 , subpart Ce shall be in compliance with all applicable provisions of this section.

7.9.f. No later than 120 days after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, the owner or operator of an existing HMIWI unit required to install air pollution control equipment shall submit an expeditious compliance plan and schedule subject to the approval of the Secretary that meets the following criteria:

7.9.f.1. No later than 12 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, a facility that plans to install 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 shall submit a petition for site specific operating parameters under 40 CFR § 60.56c(i) to the Administrator and the Secretary;

7.9.f.2. The facility shall obtain, no later than 12 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, services of an architectural and engineering firm regarding air pollution device(s);

7.9.f.3. The facility shall order, no later than 18 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, design drawings of an air pollution device(s);

7.9.f.4. The facility shall order, no later than 18 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, air pollution device(s);

7.9.f.5. The facility shall initiate, no later than 18 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, site preparation for installation of the air pollution device(s);

7.9.f.6. The facility shall conduct, no later than 30 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, initial startup of the air pollution device(s);

7.9.f.7. The facility shall conduct, no later than 30 months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, initial compliance test(s) of the air pollution device(s); and

7.9.f.8. No later than October 6, 2014, the owner or operator of an existing HMIWI unit shall not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.

7.9.g. An owner or operator of an existing HMIWI unit who submits in writing to the Secretary a request for an extension to comply beyond the compliance dates under subdivision 7.9.f. shall submit to the Secretary no later than nine months after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, the following information:

7.9.g.1. An analysis to support the need for an extension, including an explanation of why a time period up to three years after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units is sufficient time to comply with this section, while one year after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units is not sufficient;

7.9.g.2. A demonstration of the feasibility to transport the waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

7.9.g.3. Measurable and enforceable incremental steps of progress to be taken towards compliance with the emission limits contained in Table 45-18B, or Table 45-18D for small rural units, as applicable.

7.9.h. The Secretary will notify the owner or operator of an existing HMIWI, in writing, of his or her decision either to grant or deny the request for extension. The owner or operator shall comply with one of the following:

7.9.h.1. If the request for extension is denied, the owner or operator shall submit a compliance plan in accordance with subdivision 7.9.f no later than 30 days after denial of the request for extension or one year after the effective date of U.S. EPA's approval of the 111(d)/129 state plan revision for HMIWI units, whichever is later; or

7.9.h.2. If the request for extension is granted, the owner or operator shall submit a compliance plan and schedule commensurate with the granted extension no later than 30 days after the date the request for extension has been granted; and

7.9.h.3. On or before October 6, 2014, the owner or operator shall comply with the emissions guidelines for existing HMIWI units under 40 CFR part 62 , subpart XX, and the related provisions of 40 CFR part 60 , subpart Ce, and not allow or cause to be allowed a HMIWI unit to be operated except in compliance with all applicable provisions of this section.

W. Va. Code R. § 45-18-7