AQ_F_0100010_20170316_ENF_Enf-FND

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COUNTY OF ALAMANCE COMMISSION
FILE NO. DAQ 2017-001
IN THE MATTER OF: )
STERICYCLE, INC. ) CIVIL PENALTY ASSESSMENT
FOR VIOLATION OF: )
40 CFR Part 60, Subpart Ec as )
incorporated in 15A NCAC 2D .1206 )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Michael A.
Abraczinskas, Director of the Division of Air Quality("DA.Q"or"Division"), make the
following:
I. FINDINGS OF FACT:
A. Stericycle, Inc. (Facility ID: 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. 05896T24 on November 6, 2015.
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/1V4edical/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. On September 26, 2016, the facility experienced an event with a duration of
thirteen minutes during which the control system for the hospital, medical, and infectious
waste incinerator(HMIWI) (Emission Source ID No. ES02) was bypassed due to
operator error of the incinerator control panel, and the bypass stack was opened for a
duration of thirteen(13)minutes. As such, the facility is in violation of 40 CFR Part 60,
Subpart Ec "Standards of Performance for New Stationary Sources:
Hospital/Medical/Infectious Waste Incinerators" as incorporated by 15A NCAC 2D
.1206 "Hospital, Medical, and Infectious Waste Incinerators"as referenced by permit
condition 2.1.A.1.b.4.
E. A Notice of Violation dated October 24, 2016, was sent to Stericycle, Inc. relative
to the above noted violation. A written response letter was received on November 18,
2016, and indicated that the facility has retrained their operators on the use of the bypass
stack and has installed a plastic cover to the bypass stack control button.
F. Stericycle, Inc. has a prior violation of 40 CFR Part 60, Subpart Ec"Standards of
Performance for New Stationary Sources: Hospital/Medical/Infectious Waste

Stericycle,Inc.
DAQ 2017-001
Page 2
Incinerators"as incorporated by 15A NCAC 2D .1206 "Hospital, Medical, and Infectious
Waste Incinerators."A Notice of Violation was issued on November 2, 2015, for a
violation of permit condition 2.1.A.Lb.4.
G. The costs of investigation or inspection in this matter totaled $208.00.
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Stericycle, Inc. is in violation of 40 CFR Part 60, Subpart Ec "Standards of
Performance for New Stationary Sources: Hospital/Medical/Infectious Waste
Incinerators"as incorporated by 15A NCAC 2D .1206 "Hospital, Medical, and Infectious
Waste Incinerators"as referenced by permit condition 2.1.A.1.b.4 for use of the bypass
stack. This permit requirement is necessary for the permittee to comply with rules
codified at 40 CFR Part 60, Subpart Ec and 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

Stericycle,Inc.
DAQ 2017-001
Page 3
III. DECISION:
Stericycle, Inc. is hereby assessed a civil penalty of
$ 50 0 a , oa for one violation of Air Permit No. 05896T24,
occurring on September 26, 2016, by failing to
comply with 40 CFR Part 60, Subpart Ec, as
incorporated by 15A NCAC 2D .1206 and
referenced by permit condition 2.1.A.LbA.
$ S 0 0 0. 00 TOTAL CIVIL PENALTY, which is Z D
percent of the maximum penalty authorized by
NCGS 143-215.114A.
$ 208.00 Investigation Costs
$ 5-2 O1 . 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. 143B-282.I(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.
1/4 17 61-7
Date Michael A. Abraczinskas, Director
Division of Air Quality