Chapter 3745-105 Pathological Waste Incinerators

3745-105-01 Applicability, definitions, and reference to materials.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of this rule titled "Reference to materials."]

(A) Except as otherwise provided in paragraph (B) of this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

(B) For the purpose of Chapter 3745-105 of the Administrative Code:

(1) "Batch incinerator" means an incinerator which is loaded and undergoes a cycle of combustion, ash burndown, cooling-off, and ash removal, prior to being loaded again.

(2) "Continuous duty incinerator" means an incinerator of either a multiple chamber or controlled-air design into which waste can be charged at periodic intervals and from which ash can be removed at periodic intervals, without an ash burndown and cooling-off cycle.

(3) "Continuous temperature recorder" means a device, which uses a temperature sensor such as a thermocouple, that is part of an instrument which continuously monitors and records the temperature at a specific location in an air pollution source.

(4) "Infectious agent" means a type of microorganism, helminth or virus that causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.

(5) "Intermittent feed incinerator" means an incinerator of either a multiple chamber or controlled-air design into which waste can be charged at periodic intervals and from which ash is removed after a burndown and cooling-off cycle.

(6) "Off-site facility" means a pathological waste incinerator that burns any pathological waste from a generator that is located off-site from the location of the pathological waste incinerator.

(7) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding if applicable.

(8) "Pathological waste incinerator" means any device used to provide the combustion of pathological waste.

(9) "Retention time" means the average time for gases to pass through a chamber. The retention time of the secondary chamber of an incinerator shall be calculated using the volume of the secondary chamber divided by the actual volumetric flow rate emitted from the secondary chamber at maximum operating temperature and burning rate.

(10) "USEPA" means United States environmental protection agency.

(C) This chapter applies to the owner or operator of any pathological waste incinerator except the following:

(1) Crematories that only combust human remains and coffins.

(2) Veterinary clinics and animal shelters that only burn carcasses and bedding of animals not intentionally exposed to infectious agents during research, production of biological material, or testing of pharmaceutical products, unless the improper disposal of those materials would present a substantial threat to public health.

(3) Licensed solid waste disposal facilities and municipal solid waste disposal facilities that burn pathological wastes that have been rendered non-infectious in accordance with rule 3745-27-32 of the Administrative Code.

(4) Any incinerator which meets the applicability requirements under 40 CFR 60.32 e or 40 CFR 60.50 c, guidelines or standards for hospital/medical/infectious incinerators, and is not operating under an exemption from those requirements granted under 40 CFR, 60.32 e(b) through (h) or 40 CFR, 60.50 c(b) through (h).

(D) Reference to materials. This chapter includes references to certain matter or materials. The text of the referenced material is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at www.access.gpo.gov/nara/cfr. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Referenced materials.

(a) 40 CFR, Part 60; "Standards of Performance for New Stationary Sources;" as published in the July 1, 2008 Code of Federal Regulations.

(b) 40 CFR Part 60, Appendix B; "Performance specifications;" as published in the July 1, 2008 Code of Federal Regulations.

(c) 40 CFR 60.7 ; "Notification and record keeping;" as published in the July 1, 2008 Code of Federal Regulations.

(d) 40 CFR 60.13 ; "Monitoring requirements;" as published in the July 1, 2008 Code of Federal Regulations.

(e) 40 CFR 60.32 e; "Designated facilities;" as published in the July 1, 2008 Code of Federal regulations.

(f) 40 CFR 60.50 c; "Applicability and delegation of authority;" as published in the July 1, 2008 Code of Federal Regulations..

(g) USEPA method 9; "Visual Determination of the Opacity of Emissions from Stationary Sources;" as contained in 40 CFR Part 60, Appendix A; as published in the July 1, 2008 Code of Federal Regulations.

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04

3745-105-02 Emission limits.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-105-01 of the Administrative Code titled"Reference to materials."]

(A) Particulate emissions shall not exceed 0.20 pound of particulates per one hundred pounds of waste charged for any pathological waste incinerator with a capacity less than one hundred pounds of waste per hour.

(B) Particulate emissions shall not exceed 0.10 pound of particulates per one hundred pounds of waste charged for any pathological waste incinerator with a capacity equal to or greater than one hundred pounds of waste per hour but less than one thousand eight hundred pounds of waste per hour.

(C) Particulate emissions shall not exceed 0.06 pounds of particulate per one hundred pounds of waste charged for any pathological waste incinerator with a capacity equal to or greater than one thousand eight hundred pounds of waste per hour.

(D) Carbon monoxide emissions from any pathological waste incinerator shall not exceed one hundred parts per million, by volume, on a dry basis, adjusted to seven per cent oxygen in the exhaust stream as an hourly average.

(E) Visible particulate emissions from any pathological waste incinerator shall not exceed five per cent opacity except for six minutes in any continuous sixty minute period during which opacity shall not exceed ten per cent. Opacity shall be determined by USEPA method 9.

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04

3745-105-03 Design parameters and operating restrictions.

(A) All incineration of pathological waste shall occur in a controlled air multi-chamber incinerator, or equivalent technology as approved by the director, which provides complete combustion of waste, excluding metallic items, to carbonized or mineralized ash. Any ash that does not meet the criteria shall be reincinerated.

(B) The primary combustion chamber for batch units and intermittent feed units shall be maintained so that the exit gas temperature is a minimum of one thousand two hundred degrees Fahrenheit. The secondary combustion chamber of any unit shall operate so that the temperature of the gas exiting the secondary combustion chamber is a minimum of one thousand six hundred degrees Fahrenheit.

(C) The primary combustion chamber for continuous-duty units shall be maintained so that the exit gas temperature is a minimum of one thousand four hundred degrees Fahrenheit.

(D) The secondary combustion chamber of any pathological waste incinerator constructed on or before January 1, 1991 shall provide a minimum one-second retention time at one thousand six hundred degrees Fahrenheit except for any unit that has a longer retention time specified in an Ohio EPA permit-to-install or permit-to-install and operate. The secondary combustion chamber of any pathological waste incinerator constructed after January 1, 1991 shall provide a minimum two-second retention time at one thousand six hundred degrees Fahrenheit.

(E) All pathological waste incinerators with a capacity greater than four hundred pounds per hour shall be equipped with an automatic feeder which is designed and operated so that wastes cannot be charged if the exit gas temperature of the gas exiting the secondary combustion chamber is less than the minimum temperature specified in paragraph (B) of this rule.

(F) Batch pathological waste incinerators shall incorporate a lockout system which will prevent the ignition of waste until the exit gas temperature of the secondary chamber reaches one thousand six hundred degrees Fahrenheit and which will prevent recharging until the combustion and burn-down cycles are complete.

(G) Pathological waste shall not be loaded into the primary combustion chamber of a continuous feed pathological waste incinerator until the exit gas temperature has reached the minimum temperature specified in paragraph (B) of this rule.

(H) The stack or stacks from any pathological waste incinerator shall be designed to minimize the impact of the emissions on employees, residents, patients, visitors, or nearby residences. The design of any unit shall meet good engineering practices so as not to cause excessive concentrations of any air contaminant at any air intake for heating and cooling of any building, or at operable windows, or doors.

(I) Any mechanically-fed pathological waste incinerator must be equipped with an air lock system to prevent opening the incinerator to the room environment. The volume of the loading systems shall be designed so as to prevent overcharging of the unit to assure complete combustion of waste.

(J) All pathological waste incinerators, including all associated equipment and grounds, shall be designed, operated and maintained to prevent the emission of objectionable odors.

(K) Pathological waste that is also radioactive shall be managed in accordance with the applicable rules of the Ohio department of health and regulations of the United States nuclear regulatory commission.

[Note: section 3734.027 of the Revised Code prohibits the disposal of low level radioactive waste in an "infectious waste treatment facility" as that term is defined in the Revised Code.]

(L) The owner or operator of any pathological waste incinerator shall not intentionally dispose of the following items by burning in the incinerator:

(1) Visible globules of mercury;

(2) Nickel-cadmium batteries;

(3) Switches, thermometers, batteries, and other devices containing mercury; and

(4) Bags or other containers for infectious waste handling which contain cadmium, chromium or lead as a pigmenting agent.

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04

3745-105-04 Monitoring requirements.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-105-01 of the Administrative Code titled"Reference to materials."]

(A) Each incinerator unit burning pathological waste shall be equipped with a continuous temperature recorder for the primary and secondary combustion chambers.

(B) Each pathological waste incinerator with a capacity greater than one thousand pounds per hour shall be equipped with a continuous carbon monoxide monitor and alarm. The alarm shall indicate whenever concentrations exceed one hundred fifty parts per million.

(C) All facilities that operate a pathological waste incinerator shall install, maintain and operate a radioactivity monitor and alarm. The radioactivity monitor shall be installed to monitor all pathological waste prior to combustion.

(D) Any pathological waste incinerator that is equipped with a bypass stack shall be equipped with a device to continuously monitor and record the temperature in the bypass stack.

(E) The owner or operator of a pathological waste incinerator shall install a scale, accurate to within one pound, near any pathological waste incinerator to weigh all of the material charged to the unit. The owner or operator of a pathological waste incinerator shall maintain a written log to record the amount of material charged to any unit on a pounds per hour or a pounds per batch basis. Alternative arrangements may be approved by the director provided they can be shown to be of equivalent effectiveness as a method of regulating flow into the incinerator and generating a permanent record of charging rates.

(F) Each incinerator with a capacity greater than one thousand pounds per hour shall be equipped with a continuous opacity monitor unless otherwise exempted by the director because of the influence of condensed water vapor in the stack exit gas.

(G) Any continuous opacity or carbon monoxide monitor required under this rule shall be installed and maintained in accordance with 40 CFR Part 60.

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04

3745-105-05 Recordkeeping.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-105-01 of the Administrative Code titled"Reference to materials."]

(A) Pursuant to 40 CFR Parts 60.7 and 60.13(h) , the owner or operator of each incinerator with a capacity greater than one thousand pounds per hour with continuous emission monitors shall submit reports on a quarterly basis to the appropriate Ohio EPA district office or local air agency documenting all instances of values in excess of the limitations specified in rule 3745-105-02 of the Administrative Code. These quarterly excess emission reports shall be submitted by February first, May first, August first, and November first of each year and shall cover the data obtained during the previous calendar quarters.

(B) The owner or operator of each incinerator with a capacity less than or equal to one thousand pounds per hour shall submit reports on a quarterly basis to the appropriate Ohio EPA district office or local air agency documenting all instances of values in excess of the limitations specified in rule 3745-105-02 of the Administrative Code. These quarterly reports shall be submitted by February first, May first, August first, and November first of each year and shall cover the data obtained during the previous calendar quarters.

(C) The reports required under paragraph (A) or (B) of this rule shall include every instance of activation of the radioactivity alarm; the reason for the alarm, and corrective action taken.

(D) All recording charts and charging records shall be maintained for a period of five years and be available for inspection by the Ohio EPA or its authorized representatives at any reasonable time.

(E) In addition to the requirements of paragraph (C) of this rule, the owner or operator shall immediately report any instance of radioactivity alarm activation to the environmental radiation safety section of the bureau of radiation protection of the Ohio department of health."

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04

3745-105-06 Compliance and performance testing requirements.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-105-01 of the Administrative Code titled"Reference to materials."]

(A) Within thirty days after the installation of the continuous monitoring and recording equipment, the owner or operator of a pathological waste incinerator shall conduct a performance specification test of such equipment pursuant to division (i) (I) of section 3704.03 of the Revised Code and 40 CFR Part 60, appendix B, performance specification test one. Personnel from the appropriate Ohio EPA district office or local air agency shall be permitted to witness the performance specification test, and two copies of the test results shall be submitted to the Ohio EPA field office within forty-five days after the test is completed.

(B) All owners or operators of pathological waste incinerators with a capacity greater than four hundred pounds per hour shall conduct annual performance tests to demonstrate compliance with the requirements in paragraphs (A) to (D) of rule 3745-105-02 of the Administrative Code.

(C) All owners or operators of pathological waste incinerators with a capacity less than or equal to four hundred pounds per hour shall conduct a stack test once every three years to demonstrate compliance with the requirements in paragraphs (A) to (D) of rule 3745-105-02 of the Administrative Code.

(D) The director may require more frequent tests if, in the director's judgment, there may be a violation of any applicable emission standards or there has been a change in the operation that may cause an increase in emissions due to a change in waste streams, pathological waste generators, or other operating conditions.

(E) The director or his/her representative shall be allowed to witness the tests, examine testing equipment, and require the acquisition or submission of data and information necessary to assure that the source operation and testing procedures provide a valid characterization of the emissions from the source and/or performance of the control equipment. The appropriate Ohio EPA district office or local air agency shall be notified at least thirty days in advance of any performance test by the owner or operator. The notice shall specify the date, time, place, source operating parameters, proposed test procedures, and persons conducting the test. Test results shall be submitted to the appropriate Ohio EPA district office or local air agency no later than thirty days after the completion of the test.

(F) Any owner or operator required to install and operate a radioactivity monitor and alarm due to the provisions of paragraph (C) of rule 3745-105-04 of the Administrative Code shall achieve compliance with paragraph (C) of rule 3745-105-04 of the Administrative Code as expeditiously as practicable, but not later than August 31, 2003.

[Note: an earlier compliance date for the radioactivity monitor and alarm may pertain under rule 3745-75-06 of the Administrative Code for pathological waste incinerators located offsite, or at facilities where radioactive materials are used or are licensed for use by the United States nuclear regulatory commission.]

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04