BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE
www.BREDL.org
~ PO Box 88 Glendale Springs, North Carolina
28629 ~ Phone (336) 982-2691 ~ Fax (336) 982-2954
~ Email: BREDL@skybest.com
January
15, 2002
Michael
Landis, Public Hearing Officer Division of Air
Quality-MRO
919 N. Main
St.
Mooresville,
NC 27107
Re:
Stericycle, Inc, Haw River, Alamance County Air Quality Permit
No. 05896T14 Facility ID:
04/01/00010
Dear Mr.
Landis:
On
behalf of the Board of Directors of the Blue
Ridge Environmental Defense League, I write to
comment on the proposed Title V permit for
Stericycle, Inc.
General Comments
The
state of North Carolina cannot at present ensure
that medical waste incinerators are operated
without threatening public health and the
environment. Blue Ridge Environmental Defense
League is working with our members to end
pollution from commercial medical waste
incineration in two North Carolina communities:
Matthews in Mecklenburg County and Haw River in
Alamance.
Medical
waste incinerators are the second largest known
source of dioxin in the United States. Health
effects of prolonged dioxin exposure include
impairment of immune, nervous and endocrine
systems. Dioxin is a known human carcinogen. In
addition to dioxin, toxic air pollutants from
medical waste incinerators include arsenic,
chromium IV, cadmium, lead, hydrochloric acid,
and mercury. Medical waste incinerators are even
bigger polluters than other types of waste
burners; North Carolina permits medical waste
incinerators to emit 60% more cadmium, 108% more
dioxin, and 580% more mercury than solid waste
incinerators.
Overloading
the Incinerator
Stericycle
is permitted to burn 1,911 pounds per hour in
each of the two units, a total of 33,480,720
pounds of medical waste a year. Investigations by
the Blue Ridge Environmental Defense League show
that the company exceeded its allowable burn rate
eight times in a five months period during 2000.
Stericycle’s operators overloading waste by
as much as 11% over the maximum, oftentimes
between the hours of midnight and 7:00 AM.
In
November 2000 the state recommended civil
penalties for five episodes of excess waste
burning in the incinerator. But Stericycle said
the computer system which recorded the weight
violations was only a “billing tool for
accounting purposes,” and that the hand
written operating logs recorded no excess
weights. After issuing a series of violations to
Stericycle, North Carolina’s Division of Air
Quality, which can levy fines of $10,000 per
violation, opted to let the company off the hook.
No fines were imposed.
Failed
Stack Tests
Stericycle’s
must test its incinerators periodically to
demonstrate compliance with pollution limits. In
October 2000 Stericycle submitted test results
which indicated that state and federal standards
were met. But the Division of Air Quality
discovered “computational errors” in
the report filed by Stericycle which falsely
indicated compliance with the particulate matter
(PM) standard. The incinerator had actually
emitted PM 5.4% above the maximum. Each day of
operation over the limit makes the operator
subject to a civil penalty of $10,000 per day. In
February DAQ issued a notice of violation and
recommended enforcement.
In March
Stericycle employed the same testing firm, Custom
Stack Analysis, Inc., to repeat the PM emission
test and analysis. This time the results
indicated a PM emission rate in compliance with
state regulation. The DAQ, upon reviewing the
data, levied a fine of only $4,000.
The Blue
Ridge Environmental Defense League is on record
asking for a further, independent verification of
the test results at Stericycle. We question the
validity of emissions tests for dioxins and
furans— two highly toxic products of waste
combustion. Medical waste incinerators are known
to emit high levels of dioxin, but the October
2000 test results for dioxin were below detection
limits, virtually zero. Even one state official
remarked that non-detection of dioxin was
“surprising.”
Specific Comments
Excess
Emissions
The
draft permit Section 3.F requires that pollution
control devices be operated at all times to
reduce air pollution.
| F.
Circumvention - STATE
ENFORCEABLE ONLY The facility shall
be properly operated and maintained at
all times in a manner that will effect an
overall reduction in air pollution.
Unless otherwise specified by this
permit, no emission source may be
operated without the concurrent operation
of its associated air pollution control
device(s) and appurtenances.
|
However, plant neighbors
report that they observe frequent use of the
bypass stack. State and federal regulations
prohibit the circumventing of air pollution
control devices. Compliance with NAAQS would not
be possible without control devices. For example,
particulate matter is typically reduced by 93% to
99.9% by common pollution control devices.
Operation without such a device would result in
actual emissions would be from 100 to 1000 times
higher than permitted.
DAQ
Inspection Reports reveal that no records of
bypass stack use or precautions to minimize
bypass are kept by Stericycle (NCDAQ WSRO
Inspection Report 08/15/2001 attached). Under
these circumstances, operation of the bypass
stack is a violation of both state and federal
regulations. The state cannot permit an ongoing
violation.
| .0535
EXCESS EMISSIONS REPORTING AND
MALFUNCTIONS (a) For this Rule
the following definitions apply: (1)
"Excess Emissions" means an
emission rate that exceeds any applicable
emission limitation or standard allowed
by any rule in Sections .0500, .0900,
.1200, or .1400 of this Subchapter; or by
a permit condition; or that exceeds an
emission limit established in a permit
issued under 15A NCAC 2Q .0700.
(2)
"Malfunction" means any
unavoidable failure of air pollution
control equipment, process equipment, or
process to operate in a normal and usual
manner that results in excess emissions.
Excess emissions during periods of
routine start-up and shut- down of
process equipment shall not be considered
a malfunction. Failures caused
entirely or in part by poor maintenance,
careless operations or any other upset
condition within the control of the
emission source shall not be considered a
malfunction.
(c)
Any excess emissions that do not occur
during start-up or shut- down shall be
considered a violation of the appropriate
rule unless the owner or operator of the
source of excess emissions demonstrates
to the Director, that the excess
emissions are the result of a
malfunction….All malfunctions
shall be repaired as expeditiously as
practicable. However, the Director
shall not excuse excess emissions caused
by malfunctions from a source for more
than 15 percent of the operating time
during each calendar year. The
Director may require the owner or
operator of a facility to maintain
records of the time that a source
operates when it or its air pollution
control equipment is malfunctioning or
otherwise has excess emissions.
(g)
Start-up and shut-down. Excess emissions
during start-up and shut-down shall be
considered a violation of the appropriate
rule if the owner or operator cannot
demonstrate that the excess emissions are
unavoidable. To determine if excess
emissions are unavoidable during startup
or shutdown the Director shall consider
the items listed in Paragraphs (c)(1),
(c)(3), (c)(4), (c)(5), and (c)(7) of
this Rule along with any other pertinent
information. The Director may specify for
a particular source the amount, time, and
duration of emissions allowed during
start-up or shut-down. The owner or
operator shall, to the extent
practicable, operate the source and any
associated air pollution control
equipment or monitoring equipment in a
manner consistent with best practicable
air pollution control practices to
minimize emissions during start-up and
shut-down.
emphasis added
15A NCAC 2D .0535
|
Enforcement is Lacking
The DAQ
must rely on complaints from citizens to enforce
regulations which limit visible emissions and
odor [15A NCAC 2D .0521 and .1806]. However,
DAQ’s record on Stericycle reveals a lack of
will or ability to respond to plant
neighbor’s complaints. I submit the
following examples drawn from DAQ files:
| January
15, 2001: Sam Kiser, who lives in Haw
River, complains to the NC Division of
Air Quality’s regional office about
black smoke coming from the incinerator.
He says he observed the smoke at about
nine o’clock in the evening. He adds
that the stacks emit smoke frequently.
Rather than going to the facility to
check, the inspector at DAQ calls
Stericycle’s plant manager on the
phone. The manager faxes records which
reveal elevated carbon monoxide emissions
and a spike in scrubber pH at 9:15 PM on
the 15th. DAQ concludes that
medical waste with a high moisture
content could have caused the increase in
visible emissions seen by Mr. Kiser. In
his report, the state inspector wrote,
“Since the emission occurred at
night, it is difficult…to categorize
a visible emission, and there is no real
reason to believe the incinerators were
operating…in violation.” Also,
he cites stack tests completed in October
which showed that the incinerator was
operating within permitted limits. February
21, 2001: Sam Kiser again sees black
smoke coming from the incinerator. This
incident begins at 6:00 AM and lasts for
two hours. DAQ’s second
investigation-by-telephone determines it
may have been the “lighting
conditions” on that morning. No
further action was taken.
|
These are but two examples
of poor enforcement which can and must be
corrected. Visible emissions regulations are
federally enforceable, odor rules state
enforceable. Since DAQ will continue to rely
on calls from residents to ensure compliance with
VE and odor, the permit must stipulate where and
how citizens complaints shall be recorded, what
actions shall be initiated by DAQ, and a time
frame for resolution of the complaint.
Procurement
and Waste Management
Proper
procurement practices can help to reduce the
amount of packaging, find alternative non-toxic
products (latex, mercury, PVC), and reduce the
use of disposable items.
Waste segregation can drastically reduce the
volume and toxicity of the waste stream. It is a
necessary component of recycling, and requires
some training and education. Waste segregation
will reduce the amount of materials incinerated,
since only Pathological Wastes must be disposed
of by incineration, according to the Centers for
Disease Control guidelines. Medical products
which are made of PVC plastic (#3) should
especially be segregated and NOT incinerated
because they can produce dioxin-like substances,
which are endocrine disruptors and carcinogens.
Permit
condition 2.1.A.1.d)(5) stipulates that
Stericycle must comply with 40 CFR 60.55c which
requires a management plan. The EPA medical waste
MACT rule requires hospitals that operate
incinerators to have medical waste management
plans (see Attachment 1: FR48347-8, 9/15/97). To
prevent circumvention of the requirement to
control toxic emissions with waste management
controls, Stericycle should not accept waste from
any hospital that does not have a waste
management plan as outlined in the MACT rule.
This should be stipulated in the Title V permit.
Respectfully,
Louis
Zeller
Attached:
1)
Federal Register Document HMIWI Waste Management
Plans-Final Rule
2) DAQ
Inspection Report 8/15/01
(1)
[Federal
Register: September 15, 1997 (Volume 62,
Number 178)] [Rules and Regulations]
[Page 48347-48391] From the Federal
Register Online via GPO Access
[wais.access.gpo.gov] [DOCID:fr15se97-10]
[[Page 48347]]
"Therefore,
the final HMIWI standards and guidelines
require that health care facilities which
operate incinerators develop and
implement a waste management plan.
The waste
management plan would 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. The waste management
plan may include 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. A copy of the waste
management plan would be submitted to EPA
along with the results of the initial
performance test demonstrating compliance
with the emission limits. In addition,
the waste management plan may be reviewed
by the Joint Commission on Accreditation
of Health Care Organizations during the
accreditation process. Health care
facilities are encouraged to review and
incorporate into their waste management
plans the waste minimization techniques
discussed in ``An Ounce of Prevention:
Waste Reduction Strategies for Health
Care Facilities,'' which is published by
the American Society for Health Care
Environmental Services of the American
Hospital Association. This document may
be obtained by contacting AHA Services,
Inc., P.O. Box 92683, Chicago, Illinois
60675-2683, or by calling 800-242-2626.
The cost of the document is $50.00 plus
$10.95 for shipping and handling. The
document is available for public
inspection at EPA's Air and Radiation
Docket and Information Center (Docket
A-91-61, item IV-J-124). See the
ADDRESSES section at the beginning of
this preamble for the location of the
Docket. Note that because of copyright
law, this document may not be copied.
This document was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51."
_______________________________________________________________________
Part II
Environmental
Protection Agency
_______________________________________________________________________
40
CFR Part 60 Standards of
Performance for New Stationary
Sources and Emission Guidelines
for Existing Sources:
Hospital/Medical/Infectious Waste
Incinerators; Final Rule
[[Page 48348]] ENVIRONMENTAL
PROTECTION AGENCY 40 CFR Part 60
[AD-FRL-5878-8] RIN 2060-AC62
Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources:
Hospital/Medical/Infectious Waste
Incinerators AGENCY:
Environmental Protection Agency
(EPA). ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY:
This action promulgates new source
performance standards (NSPS or standards)
and emission guidelines (EG or
guidelines) to reduce air emissions from
hospital/medical/infectious waste
incinerator(s) (HMIWI) by adding subpart
Ec, standards of performance for new
HMIWI, and subpart Ce, emission
guidelines for existing HMIWI, to 40 CFR
part 60. The standards and guidelines
implement sections 111 and 129 of the
Clean Air Act (CAA) as amended in 1990.
The standards and guidelines apply to
units whose primary purpose is the
combustion of hospital waste and/or
medical/infectious waste. Sources are
required to achieve emission levels
reflecting the maximum degree of
reduction in emissions of air pollutants
that the Administrator has determined is
achievable, taking into consideration the
cost of achieving such emission
reduction, any nonair-quality health and
environmental impacts, and energy
requirements. The promulgated standards
and guidelines establish emission limits
for particulate matter (PM), opacity,
sulfur dioxide (SO2), hydrogen chloride
(HCl), oxides of nitrogen (NOX), carbon
monoxide (CO), lead (Pb), cadmium (Cd),
mercury (Hg), dioxins and dibenzofurans
(dioxins/furans), and fugitive ash
emissions. Some of the pollutants being
regulated are considered to be
carcinogens and at sufficient
concentrations can cause toxic effects
following exposure. The standards and
guidelines also establish requirements
for HMIWI operator
training/qualification, waste management
plans, and testing/monitoring of
pollutants and operating parameters.
Additionally, the guidelines for existing
HMIWI contain equipment inspection
requirements and the standards for new
HMIWI include siting requirements.
|
BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE
www.BREDL.org
~ PO Box 88 Glendale Springs, North Carolina
28629 ~ Phone (336) 982-2691 ~ Fax (336) 982-2954
~ BREDL@skybest.com
January 22, 2002
Michael Landis, Public Hearing Officer Division
of Air Quality-MRO
919 N. Main St.
Mooresville, NC 27107
Re: Stericycle, Inc, Haw River, Alamance
County, Air Quality Permit No. 05896T14, Facility
ID: 04/01/00010
Dear Mr. Landis
I write to provide
additional comments on the proposed Title V
permit for Stericycle and to make some specific
recommendations. First, as you are aware, we at
BREDL are gravely concerned about the use of the
bypass stack at the incinerator. Recommendation
1: The bypass stack should be tested for all
emissions in the initial performance tests of the
incinerator. Recommendation 2: Continuous
emission monitoring of the bypass stack should be
a requirement for continued incinerator
operation.
We believe that
the toxic air pollutant modeling is incomplete.
Recommendation 3: Toxic emissions from the bypass
stack and the backup diesel generator should be
included. Any other toxic emissions omitted from
the modeling should be included in a
facility-wide model.
Confirmatory
testing is incomplete. Recommendation 4: Air
monitors should be a permanent requirement for
the Stericycle incinerator, to include one or
more monitors in the points of greatest impact
identified by a facility-wide model and to
include offsite air monitors also in the area of
greatest modeled impact and in other offsite
locations. The affected community should
participate in the air monitoring program.
Recommendation 5: Confirmatory tests for dioxins
should be a requirement, to include soil testing,
water testing, milk and tissue testing.
Recommendation 6: Confirmatory tests for mercury
should be required— both at the modeled
greatest impact area and offsite.
We believe that
the affected community residents have not had an
adequate opportunity to review Stericycle’s
waste management plan; therefore, we request an
extended comment period for public review and
comment on the plan. At a minimum, the plan
should comply with the most stringent federal
requirements for incinerators. Recommendation 7:
Stericycle should not be allowed to incinerate
wastes from any public, private, or commercial
source which does not have a waste management
plan. Recommendation 8: Wastes containing
polyvinyl chloride should be categorically
excluded from the Stericycle incinerator.
Recommendation 9: All manifests for medical and
infectious wastes should be accessible for public
review, perhaps in files in the Winston-Salem
Regional Office of DENR.
Partly because of
problems with earlier stack tests and partly
because of generic stack test limitations, state
regulators and the public need to know what
wastes are being incinerated during the testing.
Recommendation 10: Through source codes,
manifests and other means, the constituency of
wastes burned during stack tests should be
identified and characterized. For example, what
percentage of the waste is liquid or solid, paper
or plastic, etc?
Unpleasant, even
noxious odors continue to be present offsite.
Recommendation 11: Stericycle should implement an
odor reduction regimen which does not add
additional toxins to emissions. Problems persist
on weekends and at night at the facility. Odors
and emissions are greater at these times.
Recommendation 12: A permanent onsite inspector
to be paid by the state with funds provided by
Stericycle should be hired.
Thank you for your
consideration of these additional comments.
Sincerely,
Janet Marsh Zeller Executive Director
CC: Laura Butler Myron Whitley Dan March
More info:
Title V Fact
Sheet
BREDL
comments on other Title V permits
|
