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HomeMy WebLinkAboutAgenda - 05-18-2010 - 4pORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 2010 Action Agenda Item No. _~~ SUBJECT: Resolution -Medical Waste Incinerator Reaulatorv Standards DEPARTMENT: DEAPR PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Resolution David Stancil, 245-2590 PURPOSE: To approve a resolution calling for the North Carolina Environmental Management Commission to adopt State rules on early implementation of new federal emissions standards for medical waste incinerators. BACKGROUND: At the Board's May 6, 2010 regular meeting. Orange County resident Carolyn Cole spoke on behalf of the Blue Ridge Environmental Defense League and presented information concerning an upcoming permit renewal for a medical waste incinerator in adjoining Alamance County. Ms. Cole provided a recent resolution adopted by Mecklenburg County calling for early implementation of new emissions rules for.such incinerators. Stericycle, Incorporated owns and operates the medical waste incinerator in nearby Haw River. A public hearing fora "Title V" permit renewal for the Haw River incinerator is planned for May 25, 2010 at 6:00 p.m. at Alamance Community College in Graham. Over 26 million pounds of waste from 22 states was reportedly incinerated at this facility last year. FINANCIAL IMPACT: There is no known financial impact to Orange County government with the adoption of this resolution. Some Orange County facilities and institutions use this facility for medical waste disposal. RECOMMENDATION(S): The Manager recommends that the Board approve the resolution and convey it to the North Carolina Environmental Management Commission prior to the May 25 public hearing. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION REQUESTING THE ADOPTION OF STATE RULES REQUIRING EARLY IMPLEMENTATION OF FEDERAL STANDARDS FOR HOSPITAL, MEDICAL AND INFECTIOUS WASTE INCINERATORS WHEREAS, on October 6, 2009, the United States Environmental Protection Agency ("USEPA") adopted Federal regulations in 40 CFR 60 Subpart Ce, entitled "Emission Guidelines and Compliance Times for HospitallMedical/Infectious Waste Incinerators" for existing medical waste incinerators ("New Federal Standards"); and WHEREAS, the New Federal Standards establish lower emission rates and additional operating conditions than existing State and prior Federal regulation; and WHEREAS, the New Federal Standards require states to promulgate new state rules that will require existing medical waste incinerators to comply with the New Federal Standards no later than October 6, 2014, and to obtain USEPA approval of the new state rules within two years after October 6, 2009; and WHEREAS, a public hearing is scheduled renewal for a medical waste incinerator in owned by Stericycle, Incorporated; and for May 25, 2010 for the "Title V" permit Haw River in adjoining Alamance County WHEREAS, the timing of this permit renewal is such that renewal will occur prior to implementation of the new USEPA rules by the North Carolina Environmental Management Commission; and WHEREAS, Stericycle's annual waste incineration at its facility was reported as over 26 million pounds last year, with the potential for prevailing westerly winds to cant' emissions into Orange County from this location, and WHEREAS, public concerns regarding medical waste incineration have been recently expressed by other local governments, specifically Mecklenburg County, the nearby Towns of Matthews and Stallings, and members of the public and environmental groups; and WHEREAS, the USEPA's action effectively provided notice that emission rates and other requirements would change; and WHEREAS, a three year advance notice period for compliance would be consistent with USEPA's approach in regulating existing affected sources under the Maximum Available Control Technology (MACT) program; and 3 WHEREAS, since the North Carolina Division of Air Quality has already initiated the rulemaking process to incorporate the New Federal Standards into the North Carolina rules, it would be more efficient for the State to adopt a statewide rule as required by USEPA and pursue statewide implementation of the New Federal Standards; THEREFORE, BE IT RESOLVED That the Orange County Board of Commissioners respectfully requests that the North Carolina Environmental Management Commission adopt State rules implementing the October 6, 2009 Federal guidelines (40 CFE 60 Subpart Ce Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators), with an effective compliance date for existing medical waste incinerators of no later than October 6, 2012 to inchide new operating conditions, completing modifications, beginning operations and demonsh•ating compliance by stack test by that date. This, the 18th day of May, 2010. Valerie P. Foushee, Chair Orange County Board of Commissioners ATTEST Donna Baker, Clerk to the Board