AQ_F_0100010_20140515_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ALAMANCE COMMISSION
FILE NO. DAQ 2014-003
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, Sheila C.
Holman, Director of the Division of Air Quality("DAQ" or"Division"), make the following:
I. FINDINGS OF FACT:
A. Stericycle, Inc. operates two hospital, medical, and infectious waste incinerators
(Emission Source ID Nos. ESO1 and ES02) in Haw River, North Carolina.
B. Stericycle, Inc. was issued Air Permit No. 05896T21 on May 17, 2013.
C. 15A NCAC 2D .1206 "Hospital, Medical, and Infectious Waste Incinerators"
requires the facility to meet the emission standards of Table 1B of 40 CFR Part 60,
Subpart Ce "Emission Guidelines and Compliance Times for Hospital/Medical/Infectious
Waste Incinerators"by no later than July 1, 2013.
D. Stack emissions testing was performed on one of the hospital, medical, and
infectious waste incinerators (Emission Source ID No. ES02) on November 20, 2013. On
December 17, 2013, the DAQ received the final stack emissions test report from
Stericycle, Inc., which indicated that a violation of 15A NCAC 2D .1206 "Hospital,
Medical, and Infectious Waste Incinerators" had occurred on November 20, 2013 when
the three-hour average emission rate of lead for hospital, medical, and infectious waste
incinerator in question was 0.0425 mg/dscm, which exceeded the allowable lead
emissions limit of 0.036 mg/dscm listed in Table 1B of 40 CFR Part 60, Subpart Ce
"Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators."
E. A Notice of Violation dated January 15, 2014 was sent to Stericycle, Inc. relative
to the above noted violation. A written response letter was received by the DAQ on
January 31, 2014, and indicated that the facility had shut down the hospital, medical, and
infectious waste incinerator (Emission Source ID No. ES02) immediately upon becoming
aware of the results of the stack emissions testing and the incinerator would remain out of
operation except for engineering testing, until the cause of the excess emissions could be
determined and the necessary repairs or modifications to the incinerator and its associated
air pollution control equipment could be made, and stack emissions testing was
performed on the incinerator in question with final results, approved by the DAQ,
showing compliance with 15A NCAC 2D .1206.

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F. Air quality compliance history: no violations on record over the past five years.
G. The costs of investigation in this matter totaled $208.
Based on the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Stericycle, Inc. is in violation 15A NCAC 2D .1206 "Hospital, Medical, and
Infectious Waste Incinerators" for exceeding the lead emission limit in Table 1B of 40
CFR Part 60, Subpart Ce "Emission Guidelines and Compliance Times for
Hospital/Medical/Infectious Waste Incinerators" during a stack emissions test of the
hospital, medical, and infectious waste incinerator (Emission Source ID No. ES02) on
November 20, 2013.
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.
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:
$ q no o OD for one violation of Air Permit No. 05896T21,
occurring on November 20, 2013 by failing to
comply with permit condition 2D .1206.
TOTAL CIVIL PENALTY, which is jjo
$ 4 0 0 0 .00 percent of the maximum penalty authorized by
NCGS 143-215.114A.
$ 208.00 Investigation Costs
$ Lt a05,Do 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:

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Case number 2014-003
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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.
S11 .5 1 h+
Date S i a C. Holman, Director
Division of Air Quality