TECHNICAL SUPPORT DOCUMENT (TSD) 

FOR THE STATE OF WEST VIRGINIA 111(d)/129 PLAN

REVISION #2 FOR THE CONTROL OF EMISSIONS FROM EXISTING 

HOSPITAL/MEDICAL/INFECTIOUS WASTE 

INCINERATOR (HMIWI) UNITS 

Submitted By the West Virginia Department of Environmental Protection,
Division of Air Quality (DAQ) on September 7, 2011         

TSD Prepared by Mike Gordon

Office of Permits and Air Toxics, 3AP10

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

(215)814-2039

Reviewed By:

	/s/							/s/				

Kathleen Cox					Andrew Hass

Acting Associate Director		Acting Associate Director

Office of Permits				Office of Air Monitoring 

and Air Toxics                  	and Analysis		

                              

	11/7/2011						11/7/2011		

	Date Signed					Date Signed

	/s/ 				

James B. Topsale, P.E.

Office of Air Monitoring

and Analysis

11/7/2011		

Date Signed

TABLE OF CONTENTS

                                                                        
                                                                        
                 Page

I.     General provisions . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       3

       A.   What action is EPA approving?  . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .       3

       B.   What pollutant(s) will this action control? . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .      3

       C.   What are the expected environmental and public health
benefits from controlling 

              hospital/medical/infectious waste incinerator (HMIWI)
emissions?  . . . . . . . . .  . . . .      3

 

II.   Federal requirements the West Virginia (WV) 111(d)/129 Plan
revision must meet 

       for approval . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   
  3

                   A.	 What general requirements must the WV Department
of Environmental Protection

                         meet in order to receive approval of its HMIWI
111(d)/129 plan revision ?  . . . . . . . .      3

       B.   What does the WV plan revision contain? . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .      3

                   C.   Does the WV plan revision meet all EPA
requirements for approval?  . . . . . . . . . . . .      4

 

            III.   Requirements for affected HMIWI unit owners/operators
 . . . . . . . . . . . . . . . . . . . . . . . . . .  16

        A.   What general requirements must I meet under the approved
plan revision?  . . . . . .  . .  16

        B.    Is there a requirement for obtaining a Title V permit?  .
. . . . . . . . . . . . . . . . . . . . . . . .  16

IV. Conclusion  . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
16

        WEST VIRGINIA HOSPITAL/MEDICAL/INFECTIOUS SOLID WASTE 

INCINERATOR (HMIWI) 111(d)/129 PLAN REVISION #2

I. General Provisions

Q. What action is EPA approving?

A.  On September 7, 2011, the West Virginia Department of Environmental
Protection, Division of Air Quality (DAQ) forwarded to EPA revisions of
state rule 45 CSR 18, “Control of Air Pollution From Combustion of
Solid Waste,” as changes to the approved 111(d)/129 plan (the
“plan”) for existing HMIWI units, 40 CFR 62, Subpart XX.  The
revision addresses the October 6, 2009 amendments to 40 CFR 60, Subparts
Ce and Ec (74 FR 51367). This rulemaking action will supersede EPA’s
August 3, 2009 (74 FR 38348) approval of West Virginia’s initial plan
revision. The scope of this plan revision and EPA’s approval is
limited to Part 60 and 62 provisions relevant to existing HMIWI units,
and the related new source performance standard provisions, subpart Ec,
as amended October 6, 2009.  Other types of Section 129 incinerator
units and rules are not included in this approval action.  

Q. What pollutant(s) will this action control?

A. The pollutants are dioxins/furans, carbon monoxide, metals (cadmium,
lead, mercury, particulate matter), opacity, and acid gases (hydrogen
chloride, sulfur dioxide, and nitrogen oxides).

 

Q. What are the expected environmental and public health benefits from
controlling HMIWI emissions?

A. The benefits are explained in the original EPA plan approval
technical support document dated May 23, 2000.  Also, this action will
help mitigate toxics deposition on streams and lakes.

II. Federal Requirements the WV HMIWI 111(d)/129 plan revision must meet
for approval

Q. What general requirements must the DAQ meet to receive approval of
its 111(d)/129 plan revision?

A.  The West Virginia plan must meet the requirements of 1) 40 CFR Part
60, Subpart B, Sections 60.23 through .26, except the provisions
relating to electric generating units; 2) 40 CFR Part 60, Subpart Ce,
Sections 60.30e through 60.39e.; and 3) 40 CFR Part 62, Subpart A.

Q. What does the WV plan revision contain?

The revision contains a modified DAQ rule, 45 CSR 18, revised as a
result of the October 6, 2009 amendments to federal Emissions Guidelines
and New Source Performance Standards for HMIWI units.  The submitted
plan revision contains all the required elements as listed in EPA’s WV
plan approval Federal Register notice of June 13, 2000.  (65 FR37046).

Q.  Does the WV 111(d)/129 plan revision meet all EPA requirements for
approval?

A. Yes. The completeness and approvability of the WV plan revision in
the context of 40 CFR Part 60, Subparts B, and Ce; and 40 CFR Part 62,
section 62.09 are summarized below.WV 45CSR18 Rule Review

WV45CSR18, June 16, 2011 Amendments for Hospital/Medical Infectious
Waste Incinerator (HMIWI) Units,

Subpart Ce (((60.30e through 60.39e) Model Rule Requirements

                                                                        
   HMIWI RULE (WV 45CSR18, as amended)                                  
       Page 1 of 2

Subpart Ce – Federal Requirements, Rule Section(s).	State Rule 18
Series	45CSR 18 6/16/11 Amendments Meet Subpart Ce  Requirements?	      
                            Comment(s)

	6/16/11 Amended DAQ Series [§45-18-     ]





60.30e,  Scope	1.1.c	Yes

	60.31e,  Definitions	2	Yes	1.  Section 2 contains no definition of
“Continuous HMIWI”; however, the related NSPS, subpart Ec,
definition is incorporated by reference (IBR) under para. 2.87.   2. 
Section 2.36.a – The definition needs to reference subsection 2.36.b,
not 2.33.b. ; 3.  Section 2.75.a -  The definition needs to reference
subdivision 2.75.b, not 2.62.b.  DAQ recognizes the typographical errors
under comments 2 and 3, but argues the errors are not cause for plan
disapproval considering the subpart Ec IBR provision of paragraph 2.87. 

60.32e(a) through (j), Designated facilities	7.2	Yes	4.  In response to
EPA plan comments, DAQ acknowledges that 111(d)/129 plan enforceability
is under the provisions of 40 CFR Part 62, Subpart XX, as amended, as
stipulated under paragraph 7.2.j.  This acknowledgement is also stated
under Section IX, Compliance Schedules, of the plan narrative.  During
the 2012 legislative session, DAQ will provide additional clarification
in amendments to 45CFR18. 

60.33e(a)-(c), MACT emission limits.	7.3, and Tables 18-1A, 2A, 1B, and
2B	Yes

	60.34e, 60.39e(e), and 60.53c Operator Training & Certification	7.4	Yes

	60.35e, Waste Management Plan 	7.5	Yes	5. The need for a revised WMP is
acknowledged in the response to EPA plan comments, and comment 4 above.

60.36e, Rural Unit Inspections	7.6.a through f	Yes	6. See comment 4
above.  

Note:  The scope of this review does not include any 45 CSR18 provisions
relating to SMWC, CISWI, and OSWI units. 

WV 45CSR18 Rule Review

WV45CSR18, June 16, 2011 Amendments for Hospital/Medical Infectious
Waste Incinerator (HMIWI) Units,

Subpart Ce (((60.30e through 60.39e) Model Rule Requirements

                                                                     
HMIWI RULE (WV 45CSR18, as amended)                                     
                      Page 2 of 2

Subpart Ce – Federal Requirements, Rule Section(s).	State Rule 18
Series	6/16/11 Amendments Meet Subpart Ce  Requirements?	               
                       Comment(s)

	6/16/11 Amended DAQ Series [§45-18-     ]



60.37e, Compliance Performance, Testing, and Monitoring	7.7.a through f
Yes	7.  In the response to EPA plan comments, DAQ states that it will
interpret the plan and rule as closely as possible with respect to the
repeat performance test provisions set forth in 40 CFR 60.37e(c)(4).

60.38e, Reporting and Recordkeeping	7.8.a through c	Yes	8.  Paragraph
7.8.c is not a Subpart Ce requirement. The paragraph requires
certification on reports with respect to accuracy and completeness.

60.39e, Compliance Time	7.9	Yes	9.  Paragraphs 7.9.a, e, and h.3 – See
comment 4 above.

10.  Compliance time for small rural units is moot considering WV has
none. 

Note:  The scope of this review does not include any 45 CSR18 provisions
relating to SMWC, CISWI, and OSWI units.





Evaluation of the West Virginia Plan Revision #2 against the
requirements of 40 CFR Parts 60, Subpart B, Sections 60.23 through
60.26, excluding electric generating unit provisions, and Part 62,
Section 62.09

40 CFR 60.23 - Adoption and submittal of State plan revision; public
hearings.



Federal Requirements

	

DAQ Submittal



(60.23(a)(1) Within nine months after notice of the availability of a
final guideline document is published under (60.22(a), each State shall
adopt and submit to the Administrator, in accordance with (60.4, a plan
for the control of the designated pollutant to which the guideline
document applies.

	

CAA section 129(b)(2) supersedes this provision.  States are allowed up
to one year after rule promulgation to submit a plan. 



          (2) Within nine months after notice of the  availability of a
final revised guideline document is published as provided in
(60.22(d)(2), each State shall adopt and submit to the Administrator any
plan revision necessary to meet the requirements of this subpart.

	

Subpart Ce, (60.39e(a)(2) supersedes (60.23. State plan revisions were
due October 6, 2010.



(60.23(b) If no designated facility is located within a State, the State
shall submit a letter of certification to that effect to the
Administrator within the time specified in paragraph (a) of this
section.  Such  certification shall exempt the State from the
requirements of this subpart for that designated pollutant.

	

Not applicable.  

                                                                        
              



(60.23(c)(1)  Except as provided in paragraphs (c)(2) and (c)(3) of this
section, the State shall, prior to the adoption of any plan or revision
thereof, conduct one or  more public hearings within the State on such
plan or plan revision.	

					

A public hearing on the plan revision was held in Charleston, WV on
August 8, 2011.





( 60.23(d) Any hearing required by paragraph (c) of this section shall
be held only after reasonable notice. Notice shall be given at least 30
days prior to the date of such hearing.

	

A certified copy of the required public notice was provided.  The plan
revision narrative states the hearing was held in accordance with (
60.23(d) requirements.





( 60.23(e)  The State shall prepare and retain, for a minimum of 2
years, a record of each hearing for inspection by any interested party.
The record shall contain, as a minimum, a list of witnesses together
with the text of each presentation.

	

The plan revision narrative states hearing records will be maintained
for at least 2 years. A list of witnesses was provided.



( 60.23(f)  The State shall submit with the plan or revision:

          (1)  Certification that each paragraph (c) of this section was
held in accordance with the notice required by paragraph (d) of this
section; and

          (2)  A list of witnesses and their organizational
affiliations, if any, appearing at the hearing and a brief written
summary of each presentation or written submission.

	

The DAQ submitted the required certification.  





( 60.23(g) provides for alternate procedures to insure public
participation.

	

Not applicable.

40 CFR 60.24  --  Emission standards and compliance schedules



( 60.24(a)  Each plan shall include emission standards and compliance
schedules.

	

The plan revision is consistent with the provisions of Subpart Ce, as
amended October 6, 2009. 





( 60.24(b)(1) Emission standards shall prescribe allowable rates of
emissions except when it is clearly impracticable.  Such cases will be
identified in the guideline documents issued under ( 60.22.  Where
emission standards prescribing equipment specification are established,
the plan shall, to the degree possible, set forth the emission
reductions achievable by implementation of such specifications, and may
permit compliance by the use of equipment determined by the State to be
equivalent to that prescribed.

	

Not applicable.





          (2) Test methods and procedures for determining compliance
with the emission standards shall be specified in the plan.  Methods
other than those specified in Appendix A to this part may be specified
in the plan if shown to be equivalent or alternative methods are defined
in ( 60.2(t) and (u).       

	

The 45CSR18 revision contains the required regulatory revisions.

                                                                    

      

          (3) Emission standards shall apply to all designated
facilities within the State.  A plan may contain emission standards
adopted by local jurisdictions provided that the standards are
enforceable by the State.

	

The 45CSR18 revision applies to all designated facilities.



( 60.24(c)  Except as provided in paragraph (f) of this section where
the Administrator has determined that a designated pollutant may cause
or contribute to endangerment or public health, emission standards,
shall be no less stringent than the corresponding emission guideline(s)
specified in Subpart C of this part, and final compliance shall be
required as expeditiously as practicable but no later than the
compliance times specified in Subpart C of this part.

	

Paragraph 7.9.f of 45CFR18, as revised, requires expeditious compliance





( 60.24(d)  Where the Administrator has determined that a designated
pollutant may cause or contribute to endangerment of public welfare but
that adverse effects on public health have not been demonstrated, States
may balance the emission guidelines, compliance times, and other
information provided in the applicable guideline document against other
factors of public concern in establishing emission standards, compliance
schedules, and variances.  Appropriate consideration shall be given to
the factors specified in ( 60.22(b) and to information presented at the
public hearing(s) conducted under ( 60.23(c).

	

Not applicable under section 129 rules.





( 60.24(e)(1)  Any compliance schedule extending more than 12 months
from the date required for submittal of the plan shall include legally
enforceable increments of progress to achieve compliance for each
designated facility or category of facilities.  Increments of progress
shall include, where practicable, each increment of progress specified
in ( 60.21(h) and such additional increments of progress as may be
necessary to permit close and effective supervision of progress toward
final compliance.

	

Expeditious plan compliance is required under the revised rule,
paragraph 7.9.f.  





          (2)  A plan may provide that compliance schedules for 
individual sources or categories of sources will be formulated after
plan submittal.  Any such schedule shall be the subject of a public
hearing held accordingly to ( 60.23 and shall be submitted to the
Administrator within 60 days after the date of adoption of the schedule
but in no case later than the date prescribed for submittal of the first
semiannual report required by

( 60.25(e).

	

Not applicable for section 129 sources.





( 60.24(f)  On a case-by-case basis for particular designated
facilities, or classes of facilities, States may provide for the
application of less stringent emission standards or longer compliance
schedule than those otherwise required by paragraph (c) of this section,
provided that the State demonstrated with respect to each facility (or
class of facilities):

          (1)  Unreasonable cost of control resulting from plant age,
location or basic process design:

          (2)  Physical impossibility of installing 	

This provision is superseded by 129 (b)(2) that requires state plan
emission standards to be at “least as protective” as the emission
guidelines.  The revised rule 45CSR18 emission limitations are at least
as protective as those in the 10/6/09 subpart Ce revision.



necessary control equipment; or 

          (3)  Other factors specific to the facility (or class of
facilities) that make application of a less stringent standard or final
compliance time significantly more reasonable.

	





( 60.24(g)  Nothing in this subpart shall be construed to preclude any
State or political subdivision thereof from adopting or enforcing:

          (1)  emission standards more stringent than emission
guidelines specified in Subpart C of this part or in applicable
guideline  documents, or 

          (2)  compliance schedules requiring final compliance at
earlier times than those specified in Subpart C or in applicable
guideline documents. 

	

The state is not imposing more stringent emission standards than those
under subpart Ce, as revised 10/6/09.





( 60.24(h)  States requirements of EGU budgets.

	

Not applicable.





40 CFR 60.25  --  Emission inventories, source surveillance, reports.



( 60.25(a)  Each plan shall include an inventory of all designated
facilities, including emission data for the designated pollutants and
information related to emissions as specified in Appendix D to this
part.  Such data shall be  summarized in the plan, and emission rates of
designated facilities shall be correlated with applicable emission
standards.  As used in this subpart, “correlated” means presented in
such a manner as to show the relationship between measured or estimated
amounts of emissions and the amounts of such emissions allowable under
applicable emission standards.

	

The plan revision contains the required source emission inventories –
Tables 18-3, 4, and 5.  Any affected source not listed in the inventory
must comply with applicable requirements.



( 60.25(b)  Each plan shall provide for monitoring the status of
compliance with applicable emission standards.  Each plan shall, as a
minimum, provide for:

	

Included in plan narrative section on legal authority.



          (1)  Legally enforceable procedures for requiring owners and
operators of designated facilities to maintain records and periodically
report to the State information on the nature and amount of emissions
from such facilities, and/or such information as may be necessary to
enable the State to determine whether such facilities are in compliance
with applicable portions of the plan.

          (2)  Periodic inspection and, when applicable, testing of
designated facilities. 

	

The EPA Administrator retains authority for several tasks, as stipulated
in (45-18-11.1. 





( 60.25(c)  Each plan shall provide that information obtained by the
State under paragraph (b) of this section shall be correlated with
applicable emission standards (see ( 60.25(a)) and made available to the
general public.

	

DAQ has the authority to make emissions data available to the public.



( 60.25(d)  The provisions referred to in          paragraphs (b) and
(c) of this section shall be specifically identified.  Copies of such
provisions shall be submitted with the plan unless:                

                      

          (1) They have been approved as portions of a preceding plan
submitted under this subpart or as portions of an implementation plan 
submitted under Section 110 of the Act, and

          (2) The State demonstrates:

(i) That the provisions are applicable to the designated pollutant(s)
for which the plan is submitted, and 

(ii) That the requirements of (60.26 are met.                           
                                              	

Copies of the HMIWI plan revision,       including applicable rules
(WV45CSR18, as amended 6/16/11), were made available during the public
comment periods.                                                        
               



( 60.25(e)  The State shall submit reports on progress in plan
enforcement to the Administrator on an annual (calendar year) basis,
commencing with the first full report period after approval of a plan or
after promulgation of a plan by the Administrator.  Information required
under this paragraph must be included in the annual report required by (
51.321 of this chapter.

	

The DAQ has been submitting progress reports in June of each year for
the preceding calendar year.  The first report, under the plan revision,
will be due one year after EPA approval of the HMIWI plan revision.



( 60.25(f)  Each progress report shall include: 

(1) Enforcement actions initiated against designated facilities during
the reporting period, under any emission standard or compliance schedule
of the plan.

(2) Identification of the achievement of any increment of progress
required by the applicable plan during the reporting period. 

(3) Identification of designated facilities that have ceased operation
during the report period.

(4) Submission of emission inventory data as described in paragraph (a)
of this section for designated facilities that were not in operation at
the time of plan development but began operation during the reporting
period.

	

The content of the reports are stipulated in Section X of the plan
narrative; the content is consistent with ( 60.25(f).

(5)  Submission of additional data as necessary to update the
information submitted under paragraph (a) of this section or in previous
progress reports.

(6)  Submission of copies of technical reports on all performance
testing on designated facilities conducted under paragraph (b)(2) of
this section, complete with concurrently recorded process data. 



	40 CFR 60.26  --  Legal authority

( 60.26(a)  Each plan shall show that the State has legal authority to
carry out the plan, including authority to: 

          (1)  Adopt emission standards and compliance schedules
applicable to designated facilities.

          (2)  Enforce applicable laws, regulations, standards, and
compliance schedules, and seek injunction relief.

          (3)  Obtain information necessary to determine whether
designated facilities are in compliance with applicable laws,
regulations, standards, and compliance schedules, including authority to
require recordkeeping and to make inspections and conduct tests of
designated facilities.

          (4)  Require owners or operators of designated facilities to
install, maintain, and use emission monitoring devices and to make
periodic reports to the State on the nature and amounts of emissions
from such facilities; also authority for the State to make such data
available to the public as reported and as correlated with applicable
emission standards.

	

See EPA’s May 23, 2000 TSD for the initial plan approval.



( 60.26(b)  The provisions of law or regulations which the State
determines provide the authorities required by this section shall be
specifically identified.  Copies of such laws or regulations shall be
submitted with the plan unless: 

(1)  They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan submitted
under section 110 of the Act, and	

(2)  The State demonstrates that the laws or regulations are applicable
to the designated pollutant(s) for which the plan is submitted.

	

Same as above. EPA has approved previous WV 111(d)/129 plans – CISWI,
HMIWIs and landfills. 





( 60.26(c)    The plan shall show that the legal authorities specified
in this section are available to the State at the time of submission of
the plan.  Legal authority adequate to meet the requirements of
paragraphs (a)(3) and (4) of this section may be delegated to the State
under section 114 of the Act.

	

Same as above. Legal authority cited in the submitted plan.



( 60.26(d)  A State governmental agency other than the State air
pollution control agency may be assigned responsibility for carrying out
a portion of a plan if the plan demonstrates to the Administrator's
satisfaction that the State governmental agency has the legal authority
necessary to carry out that portion of the plan.

	

Not applicable.



( 60.26(e)  The State may authorize a local agency to carry out a plan
or portion thereof, within the local agency's jurisdiction if the plan
demonstrates to the Administrator's satisfaction that the local agency
has the legal authority necessary to implement the plan or portion
thereof, and that the authorization does not relieve the State of
responsibility under the Act for carrying out the plan or portion
thereof.

	

Not applicable.



III. Requirements affected HMIWI owners/operators must meet

Q. What general requirements must an owner/operator meet under the
approved EPA 111(d)/129 plan revision?

A. An owner/operator must meet the same applicability, emission limits,
operating, testing, monitoring, recordkeeping, reporting, compliance
schedules, and other applicable requirements contained in the revised
plan. While 45 CSR 18 contains provisions for various types of solid
waste incineration units, theses revisions and subsequent approval of
the plan deal only with HMIWI units.

Q. Is there a requirement for obtaining a Title V permit revision?

A. Yes, as with the previous plan approval, an affected facility will
need to submit a Title V permit application revision.  Accordingly, the
DAQ will complete the Title V permit revision as soon as practicable. 
The level of public participation in revising the Title V permit will
depend on the type of revision needed under 40 CFR 70.7 and West
Virginia 45 CSR 30.6.

IV. Conclusion

While EPA did offer comments on the rule, West Virginia’s rulemaking
procedures would not enable them to make changes until the summer of
2012 at the earliest. EPA rule comments were related to minor
typographical errors under the definition section; the need to
acknowledge rule enforceability under 40 CFR Part 62, subpart XX; and
the consistency of conditions for repeat performance testing with
subpart Ce.  The DAQ responses to EPA comments are consistent with plan
requirements and clarify the intent of certain rule provisions. DAQ
stated in its response to comments that EPA concerns are not significant
enough to warrant disapproval of the plan, and EPA agrees. The submitted
West Virginia HMIWI plan revision to address October 6, 2009 amendments
to the emission guidelines, subpart Ce, and the related new source
performance standard provisions, subpart Ec, is approvable, and fully
enforceable.  

The EPA Administrator continues to retain authority for several tasks,
as stipulated in 45 CSR 18, (45-18-11.1 this retention of federal
authority also includes the granting of waivers for initial and annual
compliance testing requirements.

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