AQ_F_0100010_20170725_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ALAMANCE COMMISSION
FILE NO. DAQ 2017-025
IN THE MATTER OF: )
STERICYCLE, INC. ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF: )
15A NCAC 2D .1206 "Hospital, Medical, )
and Infectious Waste Incinerators" )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Michael A.
Abraczinskas, Director of the Division of Air Quality("DAQ"or"Division"), make the
following:
I. FINDINGS OF FACT:
A. Stericycle, Inc. (Facility ID No. 0100010)operates two hospital, medical, and
infectious waste incinerators(HMIWI) (Emission Source ID Nos. ESO1 and ES02)in
Haw River,North Carolina.
B. Stericycle, Inc. was issued Air Permit No. 05896T25 on December 19,2016.
C. 15A NCAC 2D .1206 "Hospital, Medical,and Infectious Waste Incinerators"
requires the facility to comply with 40 CFR 60.56c. This reference incorporates 40 CFR
Part 60, Subpart Ec"Standards of Performance for New Stationary Sources:
Hospital/Medical/Infectious Waste Incinerators,"which states that"Use of the bypass
stack shall constitute a violation of the PM, dioxin/furan, HCI,Pb, Cd, and Hg emission
limits" [§60.56c(f)(6)].
D. On February 21, 2017, the facility experienced an event with a duration of five(5)
minutes during which the bypass stack for the hospital,medical, and infectious waste
incinerator(Emission Source ID No. ES02)was opened due to an upset in the chamber,
which caused positive pressure. On February 26, 2017, the facility experienced an event
with a duration of approximately eight(8)hours during which the bypass stack for the
HMIWI(Emission Source ID No. ESO1)was opened due to power failure caused by
melted wires in a power panel that led to the ash hoe motor. As such,both events
represent twelve violations of 15A NCAC 2D .1206"Hospital, Medical, and Infectious
Waste Incinerators"as referenced by permit condition 2.1.A.2.o.
E. A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)
dated April 21, 2017, was sent to Stericycle, Inc. relative to the above noted violations.
A written response letter was received prior to the Notice of Violation on March 31,
2017, and indicated that the facility does not agree with the determination that a bypass
stack opening during a malfunction constitutes a violation. The facility emphasizes that
the bypass stack is critical to protecting the safety of the employees and integrity of the

Stericycle,Inc.
DAQ 2017-025
Page 2
equipment. On May 9, 2017,members on behalf of Stericycle, Inc. met with members of
the DAQ to discuss the violations. As a result, the DAQ sent an e-mail on May 10, 2017,
with some additional questions concerning the bypass events. A written response to these
questions was received on May 19, 2017.
F. Prior violations:
• 12/17/2012—NOV/NRE issued for use of the bypass stack. No civil penalty was
assessed.
• 10/8/2013 —NOV issued for not complying with the emission guidelines to
control emissions from the existing HMIWI (ESO1 and ES02)by no later than
July 1,2013.
1/15/2014—NOV/NRE issued for ES02's exceedance of the 3-hour average lead
emissions limit during the source testing performed on November 19-20,2013. A
civil penalty in the amount of$4,208 was assessed, and the facility paid in full on
June 11,2014.
• 2/18/2015 —NOV issued for discovery of the ammonia tank that supplies the
SNCR units (CD07 and CD08) with reagent ran dry during incinerator operation
for approximately one hour on December 12, 2014.
7/10/2015—Notice of Deficiency(NOD)issued for a late submittal of the
CY2014 Emissions Inventory, including certification page and supporting
calculations, as required by Condition 3.X of Air Quality Permit 05869T22.
• 11/2/2015 —NOV issued for use of the bypass stack.
• 10/24/2016—NOV/NRE issued for use of the bypass stack. A civil penalty in the
amount of$5,208 was assessed, and the facility paid in full on April 11,2017.
G. The costs of investigation or inspection in this matter totaled$247.00.
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Stericycle, Inc. is in violation of 15A NCAC 2D .1206"Hospital, Medical, and
Infectious Waste Incinerators" as referenced by permit condition 2.1.A.2.o for use of the
bypass stack. This permit requirement is necessary for the permittee to comply with rules
codified at 15A NCAC 2D .1206.
B. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a person who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.108 or who violates any regulation adopted by the Environmental Management
Commission.
C. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit required by G.S. 143-215.108 or who
violates any regulation adopted by the Environmental Management Commission.

Stericycle,Inc.
DAQ 2017-025
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Stericycle, Inc. is hereby assessed a civil penalty of:
$ 2, Soo for twelve(12) violations caused by two (2)
events occurring on February 21 and 26, 2017,
by failing to comply with 15A NCAC 2D .1206
and referenced by permit condition 2.1.A.2.o. of
Air Permit No. 05896T25.
TOTAL CIVIL PENALTY, which is 0.8
percent of the maximum penalty authorized by
NCGS 143-215.114A.
$ 247.00
Investigation Costs
$ X J'17. o o
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.114A, in determining the amount of the penalty, I considered the
factors listed in G.S. 143B-282.1(b) and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State,to the public
health, or to private property resulting from the violation(s);
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Date Michael A. Abraczinskas, Director
Division of Air Quality