HomeMy WebLinkAboutRES-2010-042 Resolution Requesting Adoption of State Rules Requiring Early Implementation of Federal Standards for Hospital Medical & Infectious Waste Incinerators 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 Hospital/Medical/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 for May 25, 2010 for the "Title V" permit
renewal for a medical waste incinerator in Haw River in adjoining Alamance County
owned by Stericycle, Incorporated; and
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 carry
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
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 include new operating conditions, completing modifications, beginning operations and
demonstrating compliance by stack test by that date.
This,the 18th day of May, 2010.
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17 sz Valerie P. Foushee, Chair
Orange County Board of Commissioners
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Donna Baker, Clerk to the Board