Scope:
This section contains emission limits, compliance times and general requirements for the control of certain designated pollutants from hospital/medical/infectious waste incinerator(s) (HMIWI) in accordance with sections 111 and 129 of the Clean Air Act and 40 CFR part 60, subpart B. These rules supersede the provisions of 40 CFR part 60.24(f) of subpart B.
(a) Definitions.
Terms used but not defined in this section have the meaning given them in the Clean Air Act and in 40 CFR part 60, subparts A, B, and Ec.
"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 (incorporated by reference, see 40 CFR part 60.17).
(b) Applicability. - (i) Except as provided in paragraphs (ii) through (viii) of this subsection, the designated facility to which this regulation applies is each individual HMIWI:
- (A) For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998.
- (B) 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.
- (ii) A combustor is not subject to this subsection during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste (all defined in 40 CFR part 60.51c) is burned, provided the owner or operator of the combustor:
- (A) Notifies the Department of Environmental Quality - Air Quality Division (AQD) Administrator and EPA Administrator of an exemption claim; and
- (B) 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.
- (iii) Any co-fired combustor (defined in 40 CFR part 60.51c) is not subject to this subsection if the owner or operator of the co-fired combustor:
- (A) Notifies the AQD Administrator and EPA Administrator of an exemption claim;
- (B) Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and
- (C) 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.
- (iv) Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to this subsection.
- (v) Any combustor which meets the applicability requirements under 40 CFR part 60 subpart Cb, Ea, or Eb (standards or guidelines for certain municipal waste combustors) is not subject to this subsection.
- (vi) Any pyrolysis unit (defined in 40 CFR part 60.51c) is not subject to this subsection.
- (vii) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this subsection.
- (viii) Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission limits under this subsection 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 (see 40 CFR part 60.50c).
- (ix) Beginning September 15, 2000, designated facilities subject to this subsection shall operate pursuant to a permit issued under Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 6, Section 3.
- (x) The requirements of 40 CFR part 60 subpart Ce as promulgated on September 15, 1997, shall apply to the designated facilities defined in paragraph (b)(i)(A) of this subsection until the applicable compliance date of the requirements of 40 CFR part 60 subpart Ce, as amended on October 6, 2009. Upon the compliance date of the requirements of 40 CFR part 60 subpart Ce, designated facilities as defined in paragraph (b)(i)(A) of this subsection are no longer subject to the requirements of 40 CFR part 60 subpart Ce, as promulgated on September 15, 1997, but are subject to the requirements of 40 CFR part 60 subpart Ce, as amended on October 6, 2009.
- (xi) The authorities listed under 40 CFR part 60.50c(i) shall be retained by the EPA Administrator and not be transferred to a state.
(c) Emissions Limits. - (i) Emissions limits for each HMIWI facility defined below shall be:
1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.
2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).
- (B) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits as amended on October 6, 2009, the requirements listed in Table 1B of this subsection, except as provided in paragraph (ii) of this subsection.
- (C) For a designated facility as defined in subsection (b)(i)(B), the more stringent of the requirements listed in Table 1B of this subsection and Table 1A of 40 CFR part 60 subpart Ec.
Table 1B. Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Defined in Subsections (b)(i)(A) and (b)(i)(B)
| Pollutant | Units (7 percent oxygen, dry basis) | Emission Limits | Averaging Time1 | Method for Demonstrating Compliance2 |
| HMIWI Size |
| Small | Medium | Large |
| Particulate matter | Milligrams per dry standard cubic meter (mg/dscm) (grains per dry standard cubic foot (gr/dscf)). | 66 (0.029) | 46 (0.020) | 25 (0.011) | 3-run average (1hour minimum sample time per run). | EPA Reference Method 5 of appendix A-3 of part 60, or EPA Reference Method 26A or 29 of appendix A-8 of part 60. |
| Carbon monoxide | Parts per million by volume (ppmv). | 20 | 5.5 | 11 | 3-run average (1hour minimum sample time per run). | EPA Reference Method 10 or 10B of appendix A-4 of part 60. |
| Dioxins/furans | Nanograms per dry standard cubic meter total dioxins/furans (ng/dscm) (grains per billion dry standard cubic feet (gr/109 dscf)) or ng/dscm TEQ (gr/109dscf). | 16 (7.0) or 0.013 (0.0057) | 0.85 (0.37) or 0.020 (0.0087) | 9.3 (4.1) or 0.054 (0.024) | 3-run average (4hour minimum sample time per run). | EPA Reference Method 23 of appendix A-7 of part 60. |
| Hydrogen chloride | ppmv | 44 | 7.7 | 6.6 | 3-run average (1hour minimum sample time per run). | EPA Reference Method 26 or 26A of appendix A-8 of part 60. |
| Sulfur dioxide | ppmv | 4.2 | 4.2 | 9.0 | 3-run average (1hour minimum sample time per run). | EPA Reference Method 6 or 6C of appendix A-4 of part 60. |
| Nitrogen oxides | ppmv | 190 | 190 | 140 | 3-run average (1hour minimum sample time per run). | EPA Reference Method 7 or 7E of appendix A-4 of part 60. |
| Lead | mg/dscm (grains per thousand dry standard cubic feet (gr/103 dscf)). | 0.31 (0.14) | 0.018 (0.0079) | 0.036 (0.016) | 3-run average (1hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Cadmium | mg/dscm (gr/103 dscf). | 0.017 (0.0074) | 0.013 (0.0057) | 0.0092 (0.0040) | 3-run average (1hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Mercury | mg/dscm (gr/103 dscf). | 0.014 (0.0061) | 0.025 (0.011) | 0.018 (0.0079) | 3-run average (1hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.
2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).
- (ii) Any small HMIWI constructed on or before June 20, 1996, which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (defined in subsection (a) of these regulations) and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste shall meet the emissions limits required in paragraphs (c)(ii)(A) and (B) of this subsection, as applicable. The 2,000 lb/week limitation does not apply during performance tests.
- (A) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits as promulgated on September 15, 1997, the requirements listed in Table 2A of this subsection.
Table 2A. Emissions Limits for Small HMIWI Which Meet the Criteria Under Subsection (c)(ii)(A)
| Pollutant | Units (7 percent oxygen, dry basis) | HMIWI Emission Limits | Averaging Time1 | Method for Demonstrating Compliance2 |
| Particulate matter | mg/dscm (gr/dscf) | 197 (0.086) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 5 of appendix A-3 of part 60, or EPA Reference Method 26A or 29 of appendix A-8 of part 60. |
| Carbon monoxide | ppmv | 40 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 10 or 10B of appendix A-4 of part 60. |
| Dioxins/furans | ng/dscm total dioxins/furans (gr/109 dscf) or ng/dscm TEQ (gr/109 dscf) | 800 (350) or 15 (6.6) | 3-run average (4-hour minimum sample time per run). | EPA Reference Method 23 of appendix A-7 of part 60. |
| Hydrogen chloride | ppmv | 3,100 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 26 or 26A of appendix A-8 of part 60. |
| Sulfur dioxide | ppmv | 55 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 6 or 6C of appendix A-4 of part 60. |
| Nitrogen oxides | ppmv | 250 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 7 or 7E of appendix A-4 of part 60. |
| Lead | mg/dscm (gr/103 dscf) | 10 (4.4) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Cadmium | mg/dscm (gr/103 dscf) | 4 (1.7) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Mercury | mg/dscm (gr/103 dscf) | 7.5 (3.3) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.
2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).
- (B) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits as amended on October 6, 2009, the requirements listed in Table 2B of this subsection.
Table 2B. Emissions Limits for Small HMIWI Which Meet the Criteria Under Subsection (c)(ii)(B)
| Pollutant | Units (7 percent oxygen, dry basis) | HMIWI Emission Limits | Averaging Time1 | Method for Demonstrating Compliance2 |
| Particulate matter | mg/dscm (gr/dscf) | 87 (0.038) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 5 of appendix A-3 of part 60, or EPA Reference Method 26A or 29 of appendix A-8 of part 60. |
| Carbon monoxide | ppmv | 20 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 10 or 10B of appendix A-4 of part 60. |
| Dioxins/furans | ng/dscm total dioxins/furans (gr/109 dscf) or ng/dscm TEQ (gr/109 dscf) | 240 (100) or 5.1 (2.2) | 3-run average (4-hour minimum sample time per run). | EPA Reference Method 23 of appendix A-7 of part 60. |
| Hydrogen chloride | ppmv | 810 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 26 or 26A of appendix A-8 of part 60. |
| Sulfur dioxide | ppmv | 55 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 6 or 6C of appendix A-4 of part 60. |
| Nitrogen oxides | ppmv | 130 | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 7 or 7E of appendix A-4 of part 60. |
| Lead | mg/dscm (gr/103 dscf) | 0.50 (0.22) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Cadmium | mg/dscm (gr/103 dscf) | 0.11 (0.048) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
| Mercury | mg/dscm (gr/103 dscf) | 0.0051 (0.0022) | 3-run average (1-hour minimum sample time per run). | EPA Reference Method 29 of appendix A-8 of part 60. |
1 Except as allowed under 40 CFR § 60.56c(c) for HMIWI equipped with CEMS.
2 Does not include CEMS and approved alternative non-EPA test methods allowed under 40 CFR § 60.56c(b).
- (iii) Stack opacity requirements for each HMIWI facility defined below shall be:
- (A) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits as promulgated on September 15, 1997, the requirements in 40 CFR part 60.52c(b)(1) of subpart Ec.
- (B) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits as amended on October 6, 2009 and a designated facility as defined in subsection (b)(i)(B), the requirements in 40 CFR part 60.52c(b)(2) of subpart Ec.
(d) Operator Training and Qualification Requirements. The owner or operator of a designated facility shall comply with the operator training and qualification requirements listed in 40 CFR part 60.53c of subpart Ec. Compliance with these requirements shall occur according to the schedule specified in subsection (i)(v).
(e) Waste Management Plan. The owner or operator of a designated facility shall prepare a waste management plan in accordance with the requirements listed in 40 CFR part 60.55c of subpart Ec.
(f) Inspection Requirements. - (i) Each small HMIWI subject to the emissions limits under subsection (c)(ii) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and (C) shall undergo an initial equipment inspection within one year following EPA approval of the State plan, but not later than October 6, 2014.
- (A) 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.
- (B) Within 10 operating days following an equipment inspection all necessary repairs shall be completed unless the owner or operator obtains written approval from the AQD Administrator establishing a date whereby all necessary repairs of the designated facility shall be completed.
- (ii) Each small HMIWI subject to the emissions limits under subsection (c)(i) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and (C) shall undergo an equipment inspection annually (no more than 12 months following the previous annual equipment inspection), as outlined in paragraph (i) of this subsection.
- (iii) Each small HMIWI subject to the emissions limits under subsection (c)(ii)(B) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and (C) shall undergo an initial air pollution control device inspection, within one year following EPA approval of the State plan, but not later than October 6, 2014.
- (A) At a minimum, an inspection shall include the following:
- (I) Inspect air pollution control device(s) for proper operation, if applicable;
- (II) Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; and
- (III) Generally observe that the equipment is maintained in good operating condition.
- (B) Within 10 operating days following an air pollution control device inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the AQD Administrator establishing a date whereby all necessary repairs of the designated facility shall be completed.
- (iv) Each small HMIWI subject to the emissions limits under subsection (c)(ii)(B) and each HMIWI subject to the emissions limits under subsections (c)(i)(B) and (C) shall undergo 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 paragraph (iii) of this subsection.
(g) Compliance, Performance Testing, and Monitoring Requirements. - (i) Except as provided in paragraph (ii) of this subsection, requirements for compliance and performance testing of a designated facility are listed in 40 CFR part 60.56c of subpart Ec, with the following exclusions:
- (A) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits in subsection (c)(i)(A), the test methods listed in 40 CFR part 60.56c(b)(7) and (8), the fugitive emissions testing requirements under 40 CFR part 60.56c(b)(14) and (c)(3), the CO CEMS requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR part 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).
- (B) For a designated facility as defined in subsections (b)(i)(A) and (B) subject to the emissions limits in subsections (c)(i)(B) and (C), the annual fugitive emissions testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR part 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 subsections (c)(i)(B) and (C) may, however, elect to use CO CEMS as specified under 40 CFR part 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR part 60.57c(h).
- (ii) Except as provided in paragraphs (ii)(A) and (B) of this subsection, each small HMIWI subject to the emissions limits under subsection (c)(ii) shall meet the performance testing requirements listed in 40 CFR part 60.56c of subpart Ec. The 2,000 lb/week limitation under subsection (c)(ii) does not apply during performance tests.
- (A) For a designated facility as defined in subsection (b)(i)(A) subject to the emissions limits under subsection (c)(ii)(A), the test methods listed in 40 CFR part 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and (14), the annual PM, CO, and HCl emissions testing requirements under 40 CFR part 60.56c(c)(2), the annual fugitive emissions testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR part 60.56c(c)(5) through (7), and (d) through (k) do not apply.
- (B) For a designated facility as defined in subsection (b)(i)(B) subject to the emissions limits under subsection (c)(ii)(B), the annual fugitive emissions testing requirements under 40 CFR part 60.56c(c)(3), the CO CEMS requirements under 40 CFR part 60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR part 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 subsection (c)(ii)(B) may, however, elect to use CO CEMS as specified under 40 CFR part 60.56c(c)(4) or bag leak detection systems as specified under 40 CFR part 60.57c(h).
- (iii) Each small HMIWI subject to the emissions limits under subsection (c)(ii) that is not equipped with an air pollution control device shall meet the following compliance and performance testing requirements:
- (A) 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.
- (B) Following the date on which the initial performance test is completed or is required to be completed under 40 CFR part 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. 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 parameters(s).
- (C) Except as provided in paragraph (iii)(D) of this subsection, 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 emissions limits.
- (D) 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 emissions limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted under process and control device operating conditions duplicating as nearly as possible those that indicated a violation under paragraph (iii)(C) of this subsection.
- (iv) Any HMIWI subject to the emissions limits under subsections (c)(i) and (ii), except as provided for under paragraph (v) of this subsection, shall meet monitoring requirements listed in 40 CFR part 60.57c of subpart Ec.
- (v) Small HMIWI subject to the emissions limits under subsection (c)(ii) that are not equipped with an air pollution control device shall meet the following monitoring requirements:
- (A) 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.
- (B) 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.
- (C) 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 for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital waste and/or medical/infectious waste.
- (vi) The owner or operator of a designated facility as defined in subsection (b)(i)(A) or (B) subject to emissions limits under subsection (c)(i)(B), (i)(C), or (ii)(B) may use the results of previous emissions tests to demonstrate compliance with the emissions limits, provided that the conditions in paragraphs (vi)(A) through (C) of this subsection are met:
- (A) The designated facility's previous emissions tests must have been conducted using the applicable procedures and test methods listed in 40 CFR part 60.56c(b) of subpart Ec. Previous emissions test results obtained using EPA-accepted voluntary consensus standards are also acceptable.
- (B) The HMIWI at the designated facility shall currently be 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), and the HMIWI 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).
- (C) The previous emissions test(s) must have been conducted in 1996 or later.
(h) Reporting and Recordkeeping Requirements. - (i) Except as provided in paragraphs (i)(A) and (B) of this subsection, any designated facility shall meet the reporting and recordkeeping requirements listed in 40 CFR part 60.58c(b) through (g) of subpart Ec.
- (A) For a designated facility as defined in subsection (b)(i)(A) subject to emissions limits under subsection (c)(i)(A) or (ii)(A), excluding 40 CFR part 60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) (NOx 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).
- (B) For a designated facility as defined in subsection (b)(i)(A) or (B) subject to emissions limits under subsection (c)(i)(B), (C), or (ii)(B), excluding 40 CFR part 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
- (ii) The owner or operator of each HMIWI subject to the emissions limits under subsection (c) shall be required to:
- (A) As specified in subsection (f), maintain records of the annual equipment inspections that are required for each HMIWI subject to the emissions limits under subsections (c)(i)(B), (C), and (ii), and the annual air pollution control device inspections that are required for each HMIWI subject to the emissions limits under subsections (c)(i)(B), (C), and (ii)(B), any required maintenance, and any repairs not completed within 10 days of an inspection or the timeframe established by the AQD Administrator; and
- (B) Submit an annual report containing information recorded under paragraph (ii)(A) of this subsection 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 WAQSR Chapter 6, Section 3, the owner or operator must submit these reports semiannually). The report shall be signed by the facilities manager.
(i) Compliance Times. - (i) Except as provided in paragraphs (ii) and (iii) of this subsection, all designated facilities shall comply with all requirements of this plan within one year of EPA's approval of this plan, or by October 6, 2014, whichever occurs first.
- (ii) Except as provided in paragraphs (iii) and (iv) of this subsection, designated facilities shall comply with all requirements of the State plan on or before the date one year after EPA approval of the State plan, but not later than October 6, 2014, regardless of whether a designated facility is identified in the State plan inventory required by 40 CFR part 60.25(a) of subpart B.
- (iii) Any designated facility demonstrating measurable and enforceable incremental steps of progress towards compliance, planning to install the necessary air pollution control equipment, must be in compliance on or before the date three years after EPA approval of the State plan, but not later than October 6, 2014, for the emissions limits as amended on October 6, 2009. Measurable and enforceable activities necessary for this demonstration shall include:
- (A) Date for submitting a petition for site-specific operating parameters under 40 CFR part 60.56c(j) of subpart Ec.
- (B) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s):
- (C) Date for obtaining design drawings of the air pollution control device(s):
- (D) Date for ordering the air pollution control device(s):
- (E) Date for obtaining the major components of the air pollution control device(s):
- (F) Date for initiation of site preparation for installation of the air pollution control device(s):
- (G) Date for initiation of installation of the air pollution control device(s);
- (H) Date for initial startup of the air pollution control device(s); and
- (I) Date for initial compliance test(s) of the air pollution control devices(s).
- (iv) A designated facility petitioning the AQD Administrator for extensions beyond the compliance times required in paragraph (ii) of this subsection shall:
- (A) Submit the following information in time to allow the AQD Administrator adequate time to grant or deny the extension within one year after EPA approval of the State plan, but not later than October 6, 2014:
- (I) Documentation of the analyses undertaken to support the need for an extension, including an explanation of why up to three years after EPA approval of the State plan is sufficient time to comply, while within one year after EPA approval of the State plan 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
- (II) Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the emissions limits.
- (B) The AQD Administrator will grant or deny all extensions; and
- (C) If an extension is granted, the designated facility shall comply with the emissions limits on or before the date three years after EPA approval of the State plan, but not later than October 6, 2014, for the emissions limits as amended on October 6, 2009.
- (v) A designated facility shall comply with subsection (d) - Operator Training and Qualification Requirements and subsection (f) - Inspection Requirements by the date one year after EPA approval of a State plan, but not later than October 6, 2014.
Amended, Eff. 12/20/2016.