LASSEN COUNTY AIR POLLUTION CONTROL DISTRICT

APPENDIX C - AIR TOXIC CONTROL MEASURES

ARTICLE I
BENZENE EMISSIONS FROM RETAIL SERVICE STATIONS

A. Purpose
To comply with Health & Safety Code Section 93101, by reducing airborne benzene emissions from retail service stations.
B. Definitions

  1. ARB - Certified Vapor Recovery System
    A vapor recovery system which has been certified by the state board pursuant to Section 41954.

  2. Excavation
    Exposure to view by digging.

  3. Gasoline
    Any organic liquid (including petroleum distillates and methanol) having a Reid vapor pressure of four pounds or greater and used as a motor vehicle fuel or any fuel which is commonly or commercially known or sold as gasoline.

  4. Hold-Open Latch
    A device, approved by the ARB, that allows hands-off refueling of a vehicle.

  5. Motor Vehicle
    The same meaning as defined in Section 415 of the Vehicle Code.

  6. Owner or Operator
    An owner or operator of a retail service station.

  7. Phase I Vapor Recovery System
    A gasoline vapor recovery system which recovers vapors during the transfer of gasoline from delivery tanks into stationary storage tanks.

  8. Phase II Vapor Recovery System
    A gasoline vapor recovery system which recovers vapors during the fueling of motor vehicles form stationary storage tanks.

  9. Retail Service Station
    Any new or existing motor vehicle fueling service station subject to payment of California sales tax gasoline sales.

  10. Existing Retail Service Station
    Any retail service station operating, constructed, or under construction as of January 15, 1989.

  11. New Retail Service Station
    Any retail service station which is not constructed or under construction as of January 15, 1989.

  12. Tank Replacement
    Replacement of one or more gasoline stationary storage tanks at an existing retail service station or excavation of 50 percent or more of an existing retail service station's total underground liquid piping from the stationary storage tanks to the gasoline dispensers.

  13. Throughput
    The volume of gasoline dispensed at a retail service station.

  14. Leak Free
    A liquid leak of no more than three drops per minute.

  15. Topping Off
    To attempt to dispense gasoline to a motor vehicle fueled tank after a vapor recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks which, because of the nature and configuration of the fill pipe, cause premature shut off of the dispensing nozzle, and which are filled only after the seal between the fill pipe and the nozzle is broken, shall not be considered topping off.

  16. Vapor Tight
    A leak of less than 100 percent of the lower explosive limit on a combustible gas detector measured at a distance of 2.5 cm (1 inch) from the source or no visible evidence of air entertainment in the sight classes of liquid delivery hoses.

C. Compliance Schedule

  1. After January 15, 1989, the owner or operator of any new retail service station subject to this Rule shall comply with its provisions at the time gasoline is first sold from the station.

  2. The owner or operator of any existing retail service station without ARB-certified Phase I and II vapor recovery systems shall notify the control officer in advance of an intended tank replacement and shall secure all necessary permits and other approvals for the installation of Phase I and II vapor recovery systems. The owner or operator of an existing retail service station shall comply with the provisions of this rule upon completion of the tank replacement.

  3. The owner or operator of an existing retail service station who has not earlier complied in accordance with C.2., shall, by April 1, 1990, secure all permits and other approvals necessary for installation of the equipment required by this Rule. The owner or operator shall comply with the provisions of this rule by January 1, 1991.

  4. Excluding those existing retail service stations subject to this Rule as a result of tank replacement, the owner or operator of a previously exempt stationary source tank or retail service station where the operation or annual throughput has changed such that the exemption form either the Phase I or II requirements or both is no longer applicable, shall comply with this Rule's provisions within 12 months of loss or said exemption.

  5. Any owner or operator of a retail service station not exempt by D.2.a, D.2.b., or D.2.c., and which does not have a vapor recovery system, shall by July 1, 1990:
    1. install and maintain in good working order hold-open latches on all gasoline dispensers.
    2. conspicuously post in the gasoline dispensing area a reasonable facsimile of the following:

(Letters shall be a minimum of 1-inch high)

WARNING:
Gasoline vapors can be hazardous to your health. Ask attendant how hold-open latches can reduce your risk.

D. Phase I Vapor Recovery System Requirements

  1. No owner or operator shall transfer, permit the transfer, or provide equipment for the transfer of gasoline, and no other person shall transfer gasoline from a gasoline delivery tank at a retail service station unless an ARB-certified Phase I vapor recovery system is installed on the stationary storage tank and used during the transfer.

  2. The provisions of D.1. shall not apply to:
    1. a stationary storage tank with a capacity of less than 260 gallons.
    2. a stationary storage tank used the majority of the time for the fueling of implements of husbandry.
    3. A stationary storage tank used exclusively to fuel motor vehicles with a fuel capacity of five gallons or less.
    4. an existing retail service station with an annual throughput of 480, 000 or fewer gallons during the 1988 calendar year. If during any calendar year thereafter the gasoline throughput from such tanks at the existing retail service station exceeds 480,000 gallons, this exemption shall cease to apply commencing with the first day of the following calendar year.
    5. a transfer to a stationary storage tank an existing retail service station which receives gasoline exclusively from delivery tanks that are not required to be equipped with vapor recovery systems.
  3. Notwithstanding D.2.d., at the time of tank replacement at any existing retail service station, ARB-certified Phase I vapor recovery systems shall be installed and used thereafter on all the station facilities, except those which are exempt by D.2.a., D.2.b., D.2.c., or D.2.e.


E. Phase II Vapor Recovery System Requirements

  1. No owner or operator shall transfer, permit the transfer or provide equipment for the transfer of gasoline from a stationary storage tank at a retail service station into a motor vehicle fuel tank unless an ARB-certified Phase II vapor recovery system is installed and used during the transfer.

  2. The provision of E.1. shall not apply to:
    1. a stationary storage tank which is exempt from Phase I requirements under D.2.a., D.2.b, or D.2.c.
    2. an existing retail service station which is exempt from Phase I requirements under D.2.d.
  3. Notwithstanding E.2.b., at the time of tank replacement at an existing retail service station, ARB-certified Phase II vapor recovery systems shall be installed and used thereafter on all of the station facilities, except those which are exempt by E.2.a.

F. Correction of Defects

No owner or operator shall use or permit the use of any Phase II system or any component thereof containing a defect identified in Title 17, California Code of Regulations, Section 94006 until it has been repaired, replaced, or adjusted, as necessary to remove the defect, and, if required under Health and Safety Code Section 41960.2, district personnel have reinspected the system or have authorized its use pending reinspection. Nothing in this subdivision shall excuse compliance with subdivision E.1.

G. Fees

Sources subject to this rule shall pay an annual fee to the District based on the number of gasoline dispensers in accordance with the following schedule:

Number of Dispensers Fee
Less than 5 $ 50.00
5 or greater but less than 10 $100.00
10 or greater but less than 20 $150.00
20 or greater $200.00

G. Operating and Maintenance Requirements

The operator of each retail facility using a Phase II vapor recovery system shall conspicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles used at the station, and shall include a warning that topping off may result in spillage or recirculation of gasoline and is prohibited. Additionally, the instructions shall include a prominent display of the Lassen County Air Pollution Control District's or the ARB's toll-free telephone number for complaints.

All Phase I and Phase II gasoline vapor recovery equipment shall be installed as required by ARB certification and operated as recommended by the manufacturer and shall be maintained to be leak free vapor tight, and in good working order.



ARTICLE II

AERATION OF CONTAMINATED SOIL
A. Purpose
To limit the emission of organic compounds from contaminated soil and to describe an acceptable soil aeration procedure.

B. Definitions

  1. Active Storage Pile
    A pile of contaminated soil to which soil is currently being added or from which soil is currently being removed. Activity must have occurred or be anticipated to occur within one hour to be current.

  2. Aeration
    Exposure of excavated contaminated soil to the air.

  3. Aeration Depth
    The smaller of the following: the actual average depth of contaminated soil; or 6 inches multiplied by the daily frequency with which soil is turned. The exposed surface area includes the pile of excavated soil unless the pile is covered.

  4. Aeration Volume
    The volume of soil being aerated shall be calculated as follows: the exposed surface area in square feet shall be multiplied by the aeration depth.

  5. Contaminated Soil
    Soil which has an organic content exceeding 50 ppm (weight).

  6. Organic Compound
    Any compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates and ammonium carbonate.

  7. Organic Content
    The concentration of organic compounds measured in the composite sample collected and analyzed using the procedures specified by this Rule.


C. Excavation of Contaminated Soil
The person responsible for aeration of any contaminated soil shall provide the District with the following information no less than 24 hours prior to spreading or heating of any contaminated soil. The District shall be notified within 24 hours if any of the parameters change.

  1. Estimated maximum quantity of soil to be aerated.
  2. Estimated maximum quantity of soil to be aerated per day.
  3. Estimated maximum degree of contamination, or total organic content of soil.
  4. Chemical composition of contaminating organic compounds (i.e., gasoline, methylene, chloride, etc.).
  5. A description of the basis from which these estimates are derived (soil analysis test reports, etc.).

    During Excavation and Aeration daily records shall be kept of:
    1. Total quantity of soil aerated per day.
    2. Organic content of soil aerated daily.

D. Uncontrolled Aeration
A person shall not aerate contaminated soil at a rate in excess of that specified in Table 1 for the degree of organic content. The limitations in Table 1 apply to the entire facility, and indicate the volume of contaminated soil that may be added, on any one day, to soil that is already aerating.

Table 1

Allowable Rate of Uncontrolled Aeration

ORGANIC CONTENT

RATE OF UNCONTROLLED AERATION

PPM (weight)

Cubic yards/day

<50

No Limit

50 - 100

600

100 - 500

120

500 - 1000

60

1000 - 2000

30

2000 - 3000

15

3000 - 4000

10

4000 - 5000

8

>5000

0.1

E. Controlled Aeration
Soil may be aerated at rates exceeding the limitations of Table I provided emissions of organic compounds to the atmosphere are reduced by at least 90% by weight.

F. Storage Piles
Contaminated soil which is not being aerated shall be covered except when soil is being added or removed. Any uncovered contaminated soil will be considered to be aerated. The soil may be covered with a layer of uncontaminated soil no less than six inches deep; or it may be covered with a tarp or other covering, provided no head space where vapors may accumulate is formed.

G. Exemptions
  1. Storage Pile
    Calculations of aeration volume shall not include storage piles that are covered nor shall they include active storage piles.

  2. Excavated Hole
    The exposed surface of an excavated hole shall not be included in calculations of aerated volume.

  3. Sampling
    Contaminated soil exposed for the sole purpose of sampling shall not be considered to be aerated. Removal of soil for sampling shall not qualify a pile as "active".

  4. Non-volatile Hydrocarbons
    The requirements of this Rule shall not apply if the soil is contaminated only by a known organic chemical or petroleum liquid, and that chemical or liquid has an initial boiling point of 302F or higher, provided that the soil is not heated.


H. Soil Sampling
One composite sample shall be collected and analyzed for every 50 cubic yards of excavated contaminated soil to be aerated. At least one composite sample shall be collected from each inactive, uncovered storage pile within 24 hours of excavation. Samples are not required if the soil is uncontaminated.

  1. Each composite sample shall consist of four seperate soil samples taken using the procedures described below unless other methods are approved by the control officer.

  2. Samples shall be taken from at least three inches below the surface of the pile using a driven-tube type sampler, capped and sealed with inert materials, and extruded in the lab in order to reduce the loss of volatile materials; or by using a clean brass tube (at least three inches long) driven into the soil with a suitable instrument. The ends of the brass tube shall then be covered with aluminum foil, then plastic end caps, and finally wrapped with a suitable tape. The samples shall then be immediately placed on ice, or dry ice, for transport to a laboratory.

I. Measurement of Organic Content
Organic content of soil shall be determined by the Regional Water Quality Control Board's Revised Analytical Methods, Attachment 2, 11/8/85, or other methods approved by the control officer.



ARTICLE III

HEXAVALENT CHROMIUM EMISSIONS FROM CHROME PLATING

AND CHROMIC ACID ANODIZING OPERATIONS A. PURPOSE
To comply with the California Code of Regulations, Section 93102, by controlling airborne emissions of hexavalent chromium.

B. DEFINITIONS

  1. Ampere-hour
    The integral of electrical curent applied to a plating tank (amperes) over a period of time (hours).

  2. Anti-mist Additive
    A chemical which reduces the emission rate from the tank when added to and maintained in the plating tank.

  3. Chrome
    Metallic chrome.

  4. Chrome Plating
    Either hard or decorative chrome plating.

  5. Chromic Acid
    An aqueous solution of chromium trioxide (CrO3), or commercial solution containing chromic acid, dichromic acid (H2CrO7), or trichromic acid (H2Cr3010).

  6. Chromic Acid Anodizing
    The electrolytic process by which a metal surface is converted to an oxide surface coating in a solution containing chromic acid.

  7. Chromium
    Hexavalent chromium.

  8. Control Equipment
    Any device which reduces emissions from the emissions collection system.

  9. Decorative Chrome Plating
    The process by which chromium is electrodeposited from a solution containing compounds of chromium onto an object resulting in a chrome layer 1 micron (0.04 mil.) thick or less.

  10. Emission Factor
    The mass of chromium emitted during a test conducted in the emissions collection system in accordance with ARB Test Method 425, divided by the ampere-hours consumed by the tanks in the tested emissions collection system, expressed as the mass of chromium emitted per ampere hour of electrical current consumed.

  11. Emissions Collection System
    A device or apparatus used to gather chromium emissions from the surface of a chrome plating or chromic acid anodizing tank or tanks.

  12. Facility
    A business or businesses engaged in chrome plating or chromic acid anodizing which are owned or operated by the same person or persons and are located on the same parcel or on contiguous parcels.

  13. Facilitywide Emissions from Hard Chrome Plating Or Chromic Acid Anodizing
    The total emissions from all hard chrome plating or chromic acid anodizing at the facility over a calander year. Emissions shall be calculated as the sum of emissions from the emissions collection system at the facility. The emissions from an emissions collection system shall be calculated by multiplying the emission factor for that emissions collection system by the sum of ampere-hours consumed during that year for all of the tanks served by the emissions collection system.

  14. Hard Chrome Plating
    The process by which chromium is electrodeposited from a solution containing compounds of chromium onto an object resulting in a chromium layer thicker than 1 micron (0.04 mil.).

  15. Plating Tank
    Any container used to hold a chromium or chromic acid solution for the purposes of chrome plating or chromic acid anodizing.

  16. Uncontrolled Chromium Emissions From The Hard Chrome Plating Or Chromic Acid Anodizing Facility
    The chromium emissions from the emissions collection systems at the facility calculated as if no control equipment is in use. For the purpose of determining compliance with this rule, the uncontrolled chromium emissions shall be calculated using an emission factor based on tests conducted in accordance with ARB Test Method 425 or 14 mg/ampere-hour, whichever is less.

C. REQUIREMENTS OF DECORATIVE CHROME PLATING FACILITIES

  1. No person shall operate a decorative chrome plating tank unless an anti-mist additive is continuously maintained in the plating tank, or control equipment is installed and used, in a manner which has been demonstrated to and approved by the Control Officer as reducing chromium emissions by 95% or more relative to chromium emissions when an anti-mist additive is not maintained, or control equipment is not installed and used.

D. REQUIREMENTS FOR HARD CHROME PLATING AND CHROMIC ACID ANODIZING FACILITIES.

  1. The owners or operators of all hard chrome plating and chromic acid anodizing facilities shall maintain a continuous record of current integrated over time (ampere-hours) for all plating tanks for each collection system used in the hard chrome plating or chromic acid anodizing operations and shall, upon request, submit information to the Control Officer.
  2. No person shall operate a plating tank for hard chrome plating or chromic acid anodizing unless the tank has an emissions collection system whose design and whose operational parameters are approved by the APCO.
  3. No person shall operate a hard chrome plating or chromic anodizing tank unless:
    1. the chromium emissions from the emissions collection system serving the plating tank have been reduced by 95% or more of the uncontrolled chromium emissions or
    2. the chromium emissions from the emissions collection system serving the plating tank have been reduced to less than 0.15 milligrams (mg) of chromium per ampere-hour of electrical charge applied to the plating tank.
  4. No person shall operate a hard chrome plating or chromic acid anodizing tank at a facility if facilitywide chromium emissions from hard chrome plating or chromic acid anodizing are greater than 2 pounds per year, but less than 10 pounds per year, unless:
    1. the chromium emissions form the emissions collection systems serving the plating tanks have been reduced by at least 99% of the uncontrolled chromium emissions from the hard chrome plating or chromic acid anodizing facility or
    2. the chromium emissions from the emissions collection systems are reduced to less than 0.03 mg. of chromium per ampere-hour electrical charge applied to the tanks.
  5. No person shall operate a hard chrome plating or chromic acid anodizing tank at a facility if facilitywide chromium emissions from hard chrome plating or chromic acid anodizing are 10 pounds per year or greater, unless:
    1. the chromium emissions from the emissions collection systems serving the plating tanks have been reduced by at least 99.8% of the uncontrolled chromium emissions from the hard chrome plating or chromic acid anodizing facility or
    2. the chromium emissions from the emissions collection systems are reduced to less than 0.006 mg. of chromium per ampere-hour electrical charge applied to the tanks.

E. COMPLIANCE SCHEDULE
The owner or operator of any facility subject to this rule shall comply with its provisions at the time the facility begins operation.



ARTICLE IV

HEXAVALENT CHROMIUM EMISSIONS FROM COOLING TOWERS
A. PURPOSE
To comply with the California Code of Regulations, Section 93103, by controlling airborne emissions of Hexavalent Chromium.

B. DEFINITIONS
  1. Chromium
    Hexavalent chromium. A substance identified as a toxic air contaminant by the California Air Resources Board.

  2. Cooling Tower
    A device which evaporates circulating water to remove heat from a process, building or refrigerator and transfers the heat to the ambient air.

  3. Facility
    A business or businesses which employs the use of a cooling tower that is owned or operated by the same person or persons and is located on the same parcel or on contiguous parcels.


C. REQUIREMENTS

  1. No person shall operate at any facility a cooling tower in which Hexavalent Chromium has been added to the circulating water of the cooling tower.

  2. The concentration of Hexavalent Chromium in the circulating water of the cooling tower shall not exceed:

    1. 0.15 milligrams per liter (mg/L) in any non-wooden cooling tower;

    2. 8.0 mg/L in any wooden cooling tower; and 0.15 mg/L, effective one year after the adoption of this regulation, in any wooden cooling tower.

  3. Every person who operates a cooling tower shall determine by American Public Health Association Test Method 312B the concentration of Hexavalent Chromium in the circulating water every six months in non-wooden cooling towers and every month in wooden cooling towers. Records of Hexavalent Chromium concentration testing shall be kept on file by the cooling tower operator for two years and shall be made available to the APCD upon request.

  4. Testing may be discontinued if two consecutive required tests show that Hexavalent Chromium concentrations are less than 0.15 mg/L. The Air Pollution Control District (APCD) may require testing of the circulating water at any time to confirm that the circulating water does not contain Hexavalent Chromium concentrations in excess of 0.15 mg/L.

  5. Every person who operates a cooling tower shall submit to the APCD within 90 days after the adoption of this rule a compliance plan stating the following:

    1. The name, address and phone number of the cooling tower operator;

    2. The cooling tower site specific location;

    3. Whether or not any Hexavalent Chromium is used in the circulating water of the cooling tower.

    4. The date on which the use of Hexavalent Chromium in the circulating water of the cooling tower will be discontinued.

D. COMPLIANCE SCHEDULE

  1. Every person subject to this rule shall discontinue the use of Hexavalent Chromium in the circulating water of cooling towers no later that 180 days after the adoption date of this rule.

  2. Except as provided in C.2.b., every person subject to this rule shall meet the 0.15 mg/L Hexavalent Chromium concentration limit in the circulating water of cooling towers no later than 180 days after the adoption date of this rule



ARTICLE V
DIOXIN EMISSIONS FROM MEDICAL WASTE INCINERATORS

A. PURPOSE
To comply with the California Code of Regulations, Section 93104, by controlling airborne emissions of Dioxins from Medical Waste Incinerators.

B. DEFINITIONS

  1. ARB
    State of California Air Resources Board.

  2. ARB Test Method 2
    The test method specified in Title 17, California Code of Regulations, Section 94102.

  3. ARB Test Method 428
    The test method specified in Title 17, California Code of Regulations, Section 94139.

  4. Control Equipment
    Any device which reduces emissions from medical waste incinerators.

  5. Dioxins
    Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 positions and containing 4,5,6, or 7 chlorine atoms and expressed as 2,3,7,8,tetrachlorinated dibenzopara-dioxin equivalents using current California Department of Health Services toxic equivalency factors.

  6. Facility
    Every building, structure, appurtenance, installation, or improvement located on land which is under the same or common ownership or operation, and is on one or more contiguous or adjacent properties.

  7. Medical Facilities
    Medical and dental offices, clinics and hospitals, skilled nursing facilities, research facilities, research laboratories, clinical laboratories, all unlicensed and licensed medical facilities, clinics and hospitals, surgery centers, diagnostic laboratories, and other providers of health care.

  8. Medical Waste Incinerators
    All of the furnaces or other closed fire chambers that are located at a facility and used to dispose of waste generated at medical facilities by burning.

C. REQUIREMENTS FOR MEDICAL WASTE INCINERATORS
The following requirements shall apply only to medical waste incinerators that incinerate more than 25 tons of waste per year.

  1. No person shall operate a medical waste incinerator unless the dioxins emissions have been reduced to 10.00 nanograms or less per kilogram of waste burned.

  2. No person shall operate a medical waste incinerator unless the control equipment is installed and used in a manner which has been demonstrated to and approved by the district air pollution control officer to meet the following requirements:

    1. The flue gas temperature at the outlet of the control equipment shall not exceed 300 degrees ahrenheit, unless it has been demonstrated to, and approved in writing by, both the ARB and the district air pollution control officer that lower emissions are achieved at a higher outlet temperature; and

    2. For a single chamber incinerator, the combustion chamber shall be maintained at no less than 1800 degrees (+ or - 200 degrees) Fahrenheit. For a multiple chamber incinerator, the primary combustion chamber shall be maintained at no less than 1400 degrees Fahrenheit, and the secondary chamber shall be maintained at no less than 1800 degrees (+ 200 degrees) Fahrenheit. The furnace design shall provide for a residence time for combustion gas of at least one second. Residence time shall be calculated using the following equation:
      Residence Time = V
          Qc
      where:
      V = the volume, as expressed in cubic feet, from the point in the incinerator where the maximum temperature has been reached until the point where the temperature has dropped to 1600 F.

      Qc = the combustion gas flow through V expressed in actual cubic feet per second, which is measured according to ARB Method 2, after adjusting the measured flow rate to the maximum furnace temperature (Tmax) by using Tmax instead of Tstd in the Method 2 calculation for Qc, as follows:


    The volumetric flow rate measured at the sampling points must be adjusted to chamber pressures.

    Alternative methods may be used if conditions for determining the combustion gas flow rate by Method 2 are unacceptable. The determination shall be within the guidelines of Method 2 and at the discretion of the Air Pollution Control Officer. One such alternative is to calculate the flow rate from combustion stoichiometry according to following equation:

    Qc={Qstoiwf(1+EAwf/100)+Qstoiwf(1+EAaf/100)} x

    (Tc+460)

    x 1 min
       

    528

      60 sec

    Where:
    Qstoiaf = Lb-mole 02

    x

    Lb waste x SCF 02

    x

    SCF air  
    Lb waste  

    min

      Lb-mole02   SCF 02  

    Qstoiaf = Lb-mole 02

    x

    Lb aux. fuel x SCF 02

    x

    SCF air  
    Lb aux. fuel  

    min

      Lb-mole02   SCF 02  

    Eawf = The excess air ratio (Lbs excess air --- Lbs theoretical air) for the waste feed expressed as a percentage

    EA
    af = The excess air ratio (Lbs excess air --- Lbs theoretical air) for the auxiliary fuel expressed as a percentage

    T
    c = The maximum temperature, in degrees Fahrenheit, that has been reached in the incinerator

    In order to estimate Qstoiwf and EAwf, a representative sample of the waste must be characterized by chemical analysis. If chemical analysis is not performed, the applicant must provide evidence to substantiate claims of representativeness of any proposed empirical method to estimate Qstoiwf and EAwf, since determining these parameters empirically can result in less accurate values.
  3. No person shall operate a medical waste incinerator unless the bottom ash, fly ash and scrubber residuals are handled and stored in a manner that prevents entrainment into ambient air.

  4. The owner or operator of a medical waste incinerator shall maintain the following:

    1. A continuous data recording system which provides for each day of operation continuous recording of the primary and secondary combustion chamber temperatures; carbon monoxide emissions; the key operating parameters of the air pollution control equipment, as specified by the district air pollution control officer; the hourly waste charging rates; and the opacity of stack emissions or other indicator of particulate matter which is approved by the district air pollution control officer;

    2. Maintenance records for the incinerator, control equipment, and monitoring equipment; and calibration records for the monitoring equipment; and

    3. Equipment for determining and recording the weight of waste charge to the incinerator.

  5. For purposes of demonstrating compliance with subsection (c)(1) of this rule the owner or operator of a medical waste incinerator shall conduct a minimum of two annual source tests every year for the dioxins stack emissions using the high resolution mass spectrometry option of ARB Test Method 428. For purposes of determining compliance with subsection (c)(l) of this rule, the source testing shall be conducted at the stack. The information regarding the composition (moisture content, and amount of the total waste that is infectious, pathological, hazardous, or radioactive) and feed rate of the fuel charged during the source test shall be provided with the test results. The district air pollution control officer can require additional necessary information regarding the composition of the waste. Source testing shall be conducted at the maximum waste firing capacity (+ 10 percent) allowed by the air district permit. A copy of all source test results conducted for purposes of demonstrating compliance with this rule shall be provided to the ARB at the same time that it is provided to the local air pollution control district.

  6. Any violation, malfunction, or upset condition on the incinerator, the air pollution control equipment, or the continuous data recording system shall be reported to the district within 1 hour of occurrence or by 9:OO a.m. the next business day if the malfunction occurs outside normal business hours and the district does not maintain a radio room or an answering machine.

  7. No person shall operate a medical waste incinerator unless each individual who operates or maintains the incinerator obtains either a certificate of training in medical waste incineration issued by the American Society of Mechanical Engineers within nine months of the commencement of the training program, or equivalent training as determined by the Air Pollution Control Officer. Copies of the training certificates for the operators and maintenance engineers shall be submitted to the districts and the original certificates shall be available for inspection at the facility with the permit to operate.

D. REQUIREMENTS FOR MEDICAL INCINERATORS
The following requirements shall apply to incinerators that incinerate 25 tons or less or waste per year:

  1. No person shall operate a medical waste incinerator that incinerates 25 tons or less of waste per year unless the requirements specified in subsections (c)(3), (c)(4)(C), and (c)(7) are met.

  2. The owner or operator of a medical waste incinerator that incinerates more than 10 but less than 25 tons of waste per year shall conduct one initial source test at the incinerator stack as specified in subsection (c)(5).

E. COMPLIANCE SCHEDULE

  1. No later than 90 days after district adoption of regulations enacting this control measure, the owner or operator of a medical waste incinerator that incinerates more than 25 tons of waste per year shall submit to the district air pollution control officer an application for an authority to construct the equipment necessary to meet the requirements of sections (c)(l) or (c)(2), and no later than 15 months after district adoption of regulations enacting this control measure, the owner or operator of a medical waste incinerator shall be in compliance with this regulation.

  2. The owner or operator of a medical waste incinerator who intends to permanently shut down operation of the incinerator shall notify the district of the shutdown date within iO days after district adoption of regulations enacting this control measure. The shutdown date shall be no later than six months after district adoption of regulations enacting this control measure.

  3. The owner or operator of a medical waste incinerator that incinerates 25 tons or less of waste per year who intends to remain in operation shall notify the district within 9O days after district adoption of regulations enacting this control measure. The owner or operator of a medical waste incinerator shall be in compliance with this regulation no later than 15 months after district adoption of regulations enacting this control measure.

F. EXCLUSIONS

  1. This control measure shall not apply to those incinerators which are exclusively crematoria of human or animal remains.



ARTICLE VI

ETHYLENE OXIDE EMISSIONS

FROM STERILIZERS AND AERATORS

A. Purpose. To comply with the California Code of Regulations Section 93108, by controlling airborne emissions of Ethylene Oxide.

B. Definitions. For the purposes of this section, the following definitions shall apply:

  1. "Acute care facility" means any facility currently licensed by the California Department of Health Services as a general acute care hospital (as defined in Title 22, CCR, Section 70005), or any military hospital.

  2. "Aeration" is the process during which residual ethylene oxide dissipates, whether under forced air flow, natural or mechanically assisted convection, or other means, from previously sterilized materials after the sterilizer cycle is complete.

  3. "Aeration-only facility" means a facility which performs aeration on materials which have been sterilized with ethylene oxide at another facility.

  4. "Aerator" means any equipment or space in which materials previously sterilized with ethylene oxide are placed or remain for the purpose of aeration. An aerator is not any equipment or space in which materials that have previously undergone ethylene oxide sterilization and aeration can be handled, stored, and transported in the same manner as similar materials that have not been sterilized with ethylene oxide.

  5. "Aerator exhaust stream" means all ethylene oxide contaminated air which is emitted from an aerator.

  6. "Back-draft valve exhaust stream" is the air stream which results from collection of ethylene oxide-contaminated air which may be removed from the sterilizer through a back-draft value or rear chamber exhaust system during unloading of the sterilized materials.

  7. "Control device" means an article, machine, equipment, or contrivance which reduces the amount of ethylene oxide between its inlet and outlet and which is sized, installed, operated, and maintained according to good engineering practices, as determined by the district.

  8. "Control efficiency" is the ethylene oxide (EtO) mass or concentration reduction efficiency of a control device, as measured with ARB Test Method 431 (Title 17, CCR, Section 94143) according to the source testing requirements herein, and expressed as a percentage calculated across the control device as follows:
    (Eto in) - (Eto out) x 100 = % Control Efficiency
          (Eto in)    
  9. "Date of compliance" means the time from district adoption of regulations enacting this control measure until a facility must be in compliance with specific requirements of this rule.

  10. "District" means the local air pollution control district or air quality management district.

  11. "Ethylene oxide (EtO)" is the substance identified as a toxic air contaminant by the Air Resources Board in 17 CCR, Section 93000.

  12. "Facility" means any entity or entities which: own or operate a sterilizer or aerator, are owned or operated by the same person or persons, and are located on the same parcel or contiguous parcels.

  13. "Facility-wide pounds of ethylene oxide used per year" is the total pounds of ethylene oxide used in all of the sterilizers at the facility during a one-year period.

  14. "Leak-free" refers to that state which exists when the concentration of sterilant gas measured 1 cm. away from any portion of the exhaust system of a sterilizer or aerator, during conditions of maximum sterilant gas mass flow, in less than:
    1. 30 ppm for sterilant gas composed of 12% ethylene oxide 88% chlorofluorocarbon-12 by weight and
    2. 10 ppm for other compositions of sterilant gas, as determined by ARB Test Method 21 (Title 17, CCR, Section 94124) using a portable flame ionization detector of a nondispersive infrared analyzer, calibrated with methane, or a acceptable alternative method or analytical instrument approved by the district. A chlorofluorocarbon-12 specific audible detector using a metal oxide semi-conductor sensor shall be considered an acceptable alternative for exhaust systems carrying a sterilant gas mixture of ethylene oxide and chlorofluorocarbon12.
  15. "Local medical emergency" means an unexpected occurrence in the area served by the acute care facility resulting in a sudden increase in the amounts of medical treatments which require a significant increase in the operation of sterilizer or aerator.

  16. "Sterilant gas" means ethylene oxide or any combination of ethylene oxide and (an) other gas(es) used in a sterilizer.

  17. "Sterilizer" means any equipment in which ethylene oxide is used as a biocide to destroy bacteria, viruses, fungi, and other unwanted organisms on materials. Equipment in which ethylene oxide is used to fumigate foodstuffs is considered a sterilizer.

  18. "Sterilizer cycle" means the process which begins when ethylene oxide is introduced into the sterilizer, includes the initial purge or evacuation after sterilization and subsequent air washes, and ends after evacuation of the tidal air wash.

  19. "Sterilizer door hood exhaust stream" is the air stream which results from collection of fugitive ethylene oxide emissions, by means of an existing hood over the sterilizer door, during the time that the sterilizer door is open offer the sterilizer cycle has been completed.

  20. "Sterilizer exhaust stream" is all ethylene oxide contaminated air which is intentionally removed from the sterilizer during the sterilizer cycle.

  21. "Sterilizer exhaust vacuum pump" means a device use to evacuate the sterilant gas during the sterilizer cycle, including any associated heat exchanger. A sterilizer exhaust vacuum pump is not a device used solely to evacuate a sterilizer prior to the introduction of ethylene oxide.

C. Applicability. Any person who owns or operates a sterilizer or an aerator must comply with this regulation.

D. Notification. Any person subject to this regulation must provide the district with the following information, in writing, within 30 days of the date of district adoption:

  1. the name(s) of the owner and operator of the facility, and
  2. the location of the facility, and
  3. the number of sterilizers and aerators at the facility, and
  4. an estimate of the total pounds of ethylene oxide and sterilant gas used by the facility, in all sterilizers, during the previous calendar year, as determined by a method approved by the district. A district may exempt a source from this requirement if the district maintains current equivalent information on the source.

E. Reporting. Any person who owns or operates a sterilizer shall furnish a written report to the district annually on the date specified by the distrlct, or, at the district's discretion, shall maintain such a report and make it available to the district upon request. This report shall include one of the following, as determined by the district:

  1. the number of sterilizer cycles and the pounds of ethylene oxide used per cycle for each sterilizer during the reporting period, as determined by a method approved by the district: or
  2. the total pounds of sterilant gas and the total pounds of ethylene oxide purchased, used, and returned in the previous calendar year, and determined by a method approved by the district.

F. Requirements. No person shall operate a sterilizer or aerator after the applicable date shown in column (d), Table I, unless all of the following requirements are satisfied:

  1. there is no discharge of sterilizer exhaust vacuum pump working fluid to wastewater streams, and
  2. the exhaust system including , but not limited to, any piping, ducting, fittings, valves, or flanges, through which ethylene oxide-contaminated air is conveyed from the sterilizer and aerator to the outlet of the control device are leak-free, and
  3. all of the control requirements shown in Table I below for the applicable control category are met; and
  4. for facilities using more than 600 pounds of ethylene oxide per year, the back-draft valve is ducted to the control device used to control the sterilizer exhaust stream or the aerator exhaust stream and
  5. for facilities using more than 5,000 pounds of ethylene oxide per year, the sterilizer door exhaust stream is ducted to the control device used to control the aerator exhaust stream.

 Table I
Control and Compliance requirements

 CONTROL CATEGORY  REQUIREMENTS
 

 (a)

 (b)

 (c)

 (d)

Facility-wide Pounds of Ethylene OxideUsed per Year 

Exhaust Streams to be Controlled

 Exhaust Streams to be Tested

Control Efficiency
(%)

 Date of Compliance
(months)

less than or equal to 25

None

None 

 None 

 None 

more than 25 and less than or equal to 600  

Sterilizer 

Sterilizer 

99.0 

24 

more than 600 and less than or equal to 5,000   

Sterilizer 
Aerator
Back-draft valve

Sterilizer  
Aerator

99.9
95.0
N/A * 

 18

more than 5,000 

Sterilizer 
Aerator 
Sterilizer Door Hood
Back-draft Valve

Sterilizer 
Aerator 

99.9
99.0
N/A * 

N/A * 

12

Aeration-Only Facilities 

Aerator 

Aerator

95.0 

18

         
 * Not Applicable
G. Exemptions.
  1. The requirements set forth in subsection (F) above do not apply to any facility which treats material in a sterilizer and which uses a total of 25 pounds or less of ethylene oxide per calendar year.
  2. The district hearing board may grant an emergency variance from items (a) and (c) in Table I of subsection(F), Requirements, to a person who owns or operates an acute care facility if response to a local medical emergency requires increased operation of a sterilizer or aerator such that the requirements cannot be met. The demonstrated need for such increased operation shall constitute "good cause" pursuant to Health and Safety Code Section 42359.5. The emergency variance shall be granted in accordance with this section and any applicable district rule regarding the issuance of emergency variances for such occurrences, including the requirement that the emergency variance shall not remain in effect longer than 30 days however, the emergency variance shall be granted only for the period of time during which increased operation of a sterilizer or aerator is necessary to respond to the local medical emergency.

H. Compliance. The facility shall be in compliance with all provisions specified in subsection (F), Requirements. no later than the date specified in column (d) of Table I.

  1. For the purpose of determining compliance with the control efficiency requirement shown in column (c) of Table I, subsection (F), if a reduction in the amount of ethylene oxide across the control device is demonstrated, concentration of ethylene oxide measured in the outlet of the control device is below 0.2 parts per million ethylene oxide, the facility shall be considered to be in compliance with this requirement.

I. Alternate Compliance Date. The owner or operator of any facility which uses more than 600 pounds of ethylene oxide per year may choose this alternate compliance option which addresses the date for compliance with the requirements of subsection (F). If this compliance option is chosen, the owner or operator shall:

  1. within 3 months of the date of district adoption of regulations enacting this control measure, comply with the requirements shown in subsections (F)(1) and (F)(2) and demonstrate a control efficiency of 99.9% for the sterilizer exhaust stream in accordance with the source testing requirements set forth in subsection (i) and
  2. within 6 months of the date of district adoption of regulations enacting this measure, submit to the district a plan to discontinue operation of all sterilizers and aerators or comply with the district subsections (F)(3), (F)(4), and (F)(5), and
  3. within 18 months of the date of district adoption of regulations enacting this control measure, do one of the following:
    1. demonstrate to the satisfaction of the district that operation of all sterilizers and aerators at the facility has been permanently discontinued or
    2. demonstrate compliance with the requirements of subsection (F)(3), (F)(4), and (F)(5), in accordance with the source testing provisions set forth in subsection (i), below.

J. Source Testing. Source testing shall be conducted according to ARB Test Method 431 (Title 17, CCR, Section 94143) and the method evaluations cited therein or an acceptable source test method approved by the Executive Officer of the Air Resources Board. Specific requirements for application are given below:

  1. The test on a control device for a sterilizer exhaust stream shall be run with a typical load, as approved by the district, in the sterilizer.
  2. The test on a control device for an aerator exhaust stream shall be run with a typical load, as approved by the district, in the aerator.
  3. The inlet and outlet of the control device shall be sampled simultaneously during testing to measure the control efficiency.
  4. The efficiency to each control device shall be determined under conditions of maximum ethylene oxide mass flow to the device, under normal operating conditions. To measure the control efficiency of the control device on the sterilizer exhaust stream, sampling shall be done during the entire duration of the first sterilizer evacuation after ethylene oxide has been introduced. To measure the control efficiency of the control device on an aeretor exhaust stream with a constant air flow, sampling shall be done during a period of at least 60 minutes, starting 15 minutes after aeration begins. To measure the control efficiency of the control device on an aerator exhaust stream with a non-constant air flow, sampling shall be done during the entire duration of the first aerator evacuation after aeration begins.
  5. There shall be no dilution of the air stream between the inlet and outlet test points during testing.