AQ_F_0100010_20180206_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ALAMANCE COMMISSION
FILE NO. DAQ 2017-066
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. 0 1000 10) 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, HCl, Pb, Cd, and Hg emission
limits" [§60.56c(f)(6)].
D. The facility experienced four discrete events on September 10,22, 26, and
October 7, 2017, with durations of 14, 10, 2, and 3 minutes,respectively, during which
the bypass stack for one of the hospital, medical, and infectious waste incinerators
(HMIWI)was opened. The first and fourth event involved Emission Source ID No. ES02,
and the second and third events involved Emission Source ID No. ESOL The first three
events were the result of failures of the uninterruptible power supply(UPS)unit,thus
removing control power to the HMIWI. The last event was the result of frayed wires
causing a short, thus removing control power to the HMIWI. All four incidents represent
twenty-four 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 November 8, 2017, was sent to Stericycle, Inc. relative to the above noted
violations. A written response letter was received on November 21, 2017, detailing that
the malfunction events resulted from electrical failures out of the facility's control. Also,

Stericycle,Inc.
DAQ 2017-066
Page 2
the operation of the bypass stack was engaged as designed to protect the integrity of the
equipment and to ensure the safety of the employees and neighbors.
F. Prior violations:
• 12/17/2012—NOV/NRE issued for use of the bypass stack. No civil penalty
was assessed.
• 10/08/2013 —NOV issued for not complying with the emission guidelines to
control emissions from the existing HMIWI (ES 01 and ES02)by no later than
July 1, 2013.
• 01/15/2014—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. Per enforcement case No. 2014-003,the facility was assessed a civil
penalty of$4,208, which was paid in full on June 11,2014.
• 02/18/2015 —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.
• 07/10/2015 —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.
• 11/02/2015 —NOV issued for use of the bypass stack.
• 10/24/2016—NOV/NRE issued for use of the bypass stack. Per enforcement
case No. 2017-001,the facility was assessed a civil penalty of$5,208, which
was paid in full on April 11, 2017.
• 04/21/2017—NOV/NRE issued for use of the bypass stack. Per enforcement
case No. 2017-025,the facility was assessed a civil penalty of$2,747,which
was paid in full on August 15, 2017.
G. The costs of investigation or inspection in this matter totaled $249.00.
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

Stericycle,Inc.
DAQ 2017-066
Page 3
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:
$AM, o Oct. 0 a for twenty-four(24)violations caused by four(4)
events occurring on September 10,22, 26, and
October 7, 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.
$ 0 606 , UO TOTAL CIVIL PENALTY, which is 3, 3
percent of the maximum penalty authorized by
NCGS 143-215.114A.
$ 249.00 Investigation Costs
$_�012 q q . 00 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. 14313-282.l(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.
2/ Xg - ,a �c L —
Date Michael A. Abraczinskas,Director
Division of Air Quality