4126_OzoneWasteSolution_2ndComment_permitapplication_FID1378531_20191206

From:Chao, Ming-tai
To:"Tim McQueen"
Cc:[e-mail]; [e-mail]; Stanley, Sherri; Patrone, John; Kirchner,Chuck; Aja, Deborah
Subject:RE: [External] Re: permit renewal application, Ozone Waste Solution, 41-26
Date:Friday, December 06, 2019 1:06:00 PM
Attachments:15A NCAC 13B .1201.pdf15A NCAC 13B .1202.pdf15A NCAC 13B .1203.pdf15A NCAC 13B .1204.pdf15A NCAC 13B .1205.pdfimage016.emzimage017.pngimage018.pngimage019.pngimage021.pngimage022.pngimage024.png
Dear Mr. McQueen: The Solid Waste Section (SWS) received the revised permit renewal application (FID 1377027) on11/08/2019. The SWS understood that the OWS has only signed a two-year lease agreement of thefacility building for operating waste transfer business. The medical waste treatment by usingozonation technology is continuously inactive. According to the readopted rule effective 11/01/2019 (see attachment), the Solid Waste Section(SWS) completed a review of the revised permit renewal application (FID 1377027). Below are thecomments:
1. (Section 2.5) According to NC Division Air Quality (NCDAQ) e-mail correspondence datedMay 07, 2013, a NC air quality permit was not required for an ozonator (NG3000) at that timebecause “the equipment does not have any way to vent to the outside atmosphere.” The Section2.5 states that “a vent to the ceiling for emergency shut down use or times when NG3000 needsto be powered down to inspect…” Because the Solid Waste Section do not havejurisdiction/authority of the air quality permit matter, OWS shall contact NCDAQ to request apermit decision if an air quality permit is required due to the modification of configuration ofthe setting of the equipment (NG3000) – venting the pretreated (by means of a catalystscrubbers) ozone with concentrations likely exceed 70 ppb, a standard for ozone.
2. The Ozonator is currently inactive. Please describe the procedures and testing requirements forreactivating the Ozonator which can demonstrate that the equipment can effectively disinfectmedical wastes per manufacturer’s operation manual.
3. (Section 3.5) The requirements for packing bagging, labelling and marking are stated in the newRules 15A NCAC 13B .1202 (i)– treatment methods; .1202, .1203(a) & (b) -packingrequirements.
4. (Section 19) Requirements for medical waste transfer or storage are under Rule 15A NCAC13B .1203(d). The page 40 of the application containing the old rule shall be replaced with thereadopted Rule 15A NCAC 13B .1203(d).
Please contact me if you have any question of the comments. Regards,

From: Tim McQueen <[e-mail]>
Sent: Monday, November 04, 2019 9:21 AM
To: Chao, Ming-tai <[e-mail]>
Cc: [e-mail]; [e-mail]; Stanley, Sherri
<[e-mail]>; Patrone, John <[e-mail]>; Kirchner, Chuck
<[e-mail]>; Aja, Deborah <[e-mail]>
Subject: [External] Re: permit renewal application, Ozone Waste Solution, 41-26

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]

Dear Ming-tai,
I have the permit completed for you and will make copies for you today. The revised renewal addresses all
of your information requests as well as the new readapt rules I received from you. We will continue to
operate only as a medical waste transfer station for the year ahead as we weigh our business options and
the current business environment created by our primary competitor with their contracts.

Regards,

Tim
Tim McQueen
[e-mail]
mobile: [phone]
toll free: 877-297-4851
fax: [phone]
www.phdreturns.com

On Fri, Nov 1, 2019 at 10:28 AM Chao, Ming-tai <[e-mail]> wrote:
Dear Mr. McQueen: FID 1360661The Solid Waste Section (SWS) is officially inform you, the representative of Ozon WastesSolutions, Permit No. 41-26 that the readoption of the North Carolina Medical Waste ManagementRule is completed and approved and is effective November 01, 2019. The permit renewalapplication (FID 1286186) received by the SWS on March 11, 2019 shall be revised according to
the new rules. Additionally, the inspection reports and your previous e-mail message confirms thatthe facility is no longer treat & process medical wastes and is operating and will continue operatingas a medical waste transfer facility. Therefore, please submit the revised permit renewal application
by January 31, 2019; the application document shall only apply for a permit for a medical
waste transfer facility, not a medical waste treatment and process facility. This facility permitapproval to operate expired on March 25, 2019. If Ozon Wastes Solutions fails to submit thecompleted permit application by January 31, 2019, the SWS will consider to deny the facilitypermit according to NCGS 130A-295.8(e). Please contact me if you have any questions of thepermit processes. Thank you and have a wonderful weekend.

From: Tim McQueen <[e-mail]>
Sent: Tuesday, October 01, 2019 2:00 PM
To: Chao, Ming-tai <[e-mail]>
Subject: [External] Re: Comments on the permit renewal application, Ozone Waste Solution, 41-26

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]

Dear Ming, we apologize for the late reply. I have been out of work due to illness and the changes to the
lease (recent purchase by a new company) took longer than we had hoped. I will have the completed
permit with all of your requirements to you shortly. Today is my first day back to work in a couple weeks.
We have not operated the ozonator and have only operated as previously notified as a transfer facility.
We do intend to restart the ozonator in the future and wish to keep our permit as originally planned.

Sincerely,

Tim
Tim McQueen
[e-mail]
mobile: [phone]
toll free: 877-297-4851
fax: [phone]
www.phdreturns.com

On Mon, Sep 30, 2019 at 2:06 PM Todd Kaufman <[e-mail]> wrote:

---------- Forwarded message ---------
From: Chao, Ming-tai <[e-mail]>
Date: Mon, Sep 30, 2019 at 11:25 AM
Subject: RE: Comments on the permit renewal application, Ozone Waste Solution, 41-26
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>, Stanley, Sherri
<[e-mail]>, Kirchner, Chuck <[e-mail]>, Patrone, John
<[e-mail]>

Dear Ms. Gambardella:

It has been for five months that the Solid Waste Section (SWS) has not received any info fromyou or your company – either responses to the comments dated April 09, 2019 (FID 1318937) orany follow-up of the intention of how to revise the permit renewal application for Ozone WasteSolutions (OWS), Permit No. 41-26. The current permit (DIN 20764) for your facility expired onMarch 25, 2019. If the SWS doesn’t receive any responses and the revised permit application intime by March 25, 2020, the SWS will exercises NCGS 130A-295.8(e) and deny the permitrenewal application which results in activating the site/facility closure processes. The SWSsincerely hope this friendly e-mail message will restart the communication and resolve thepotential issues that OWS may encounter. Please contact myself if you need any assistance inunderstanding the permit processes. Thanks and have a wonderful day.

From: Chao, Ming-tai
Sent: Tuesday, April 09, 2019 11:56 AM
To: [e-mail]
Cc: [e-mail]; Stanley, Sherri <[e-mail]>; Kirchner,
Chuck <[e-mail]>; Patrone, John <[e-mail]>
Subject: Comments on the permit renewal application, Ozone Waste Solution, 41-26

Dear Ms. Gambardella: FID 1318937 Pursuant to NCGS 150B-21.3A, the Division of Waste Management, Solid Waste Section (SWS)is in the processes to readapt the current rules managing medical wastes (15A NCAC 13B .1200Rules). The new rule is expected to be effective in 2020 and the existing permitted facilitymanages medical waste treatment, transfer, and/or storage must be in compliance with new ruleswithin 90 days from the rule effective date. The draft rule is attached to this e-mail message foryour reference. Since the readapted rules may have effect on your facility daily wasteoperations/activities, Ozone Waste Solutions (OWS) should decide if the revision of theOperations Plan (Plan) in the next 5-year permit cycle based on the draft rules is necessary toavoid any potential interruption to the routine operations at your facility. That being said, OWS must comply and follow the existing Medical Waste Rule - 15A NCAC13B .1200 Rules till the new rule is effective. Below are comments on the received permitrenewal application, please properly respond the comments or provide essential information tothe revised Operations Plan (Plan)/Permit Application.
1. The March 2019 cover letter states that OWS is continuing to operate as a medical wastetransfer station which is consistent with the Facility Compliance Inspection Report datedFebruary 26, 2018. Therefore, please add the operation requirements to the Plan according toRule 15A NCAC 13B. 1205. Additionally, the contact info of the by-pass transporter anddesignated facility, which will manage, process, treat, and/or dispose of untreated wastes. Forexample, in January 2018, OWS contracted to Secure Waste Inc, in Damascus of Maryland asthe by-pass transporter to ship untreated medical waste to Curtis Bay Energy, in Baltimore ofMaryland.

2. The Facility Compliance Inspection Report dated February 26, 2018 states that non-treated medical wastes waiting for transfer was stored in a refrigerated box truck. OWS istherefore conducting waste storage operations at this permitted treatment facility; please addthe following operation requirements:
i. The requirements for operating a medical waste storage to the Plan according to Rule 15ANCAC 13B. 1206.
ii. Types and maximum amounts of regulated and non-regulated medical waste to betemporarily stored at the facility.
iii. The storage location(s) and/or transfer vehicle staging areas must be shown on the facilityplan drawing in Section 2 of the Permit Application.
iv. Will the by-pass wastes inside the vehicle be temporarily stored at this facility?

3. Several section titles listed in Table of Contents (TOC) do not match those in theapplication document. Please provide a correct TOC.

4. (Section 1, Item 4) The property owner info is incorrect. On September 30, 2014, OWSinformed the SWS that the property/facility that is leased to OWS for the permitted wasteoperations/activities had a new ownership – Lingerfelt Commonwealth Greensboro Sub,LLC. Please provide the correct property own contact info in Section 1.

5. (Section 2) Please provide the update info.
i. The copy of the property deed from Guilford County Register of Deeds which contains thenew property owner should be added to Section 2.
ii. Provide a copy of the lease agreement. It is imperative that OWS must hold the term of theproperty lease agreement longer than the new permit expiration date of March 25, 2024. If thecurrent lease agreement expires before the permit expiration date, OWS shall secure a new leaseagreement with a term beyond or ending on the permit expiration date; otherwise, the new permitwill expire at the lease expiration date.

6. (Section 3, Items 13) Does this facility accept non-hazardous waste pharmaceutical fortreatment, transfer or storage? Non-hazardous waste pharmaceutical is a pharmaceutical that
is a solid waste, as defined in 40 CFR part 261.2, but is not listed in 40 CFR part 261 subpartD, and does not exhibit a characteristic identified in 40 CFR prat 261 subpart C.

7. (Section 3, Items 13) if the facility accepts non-hazardous waste pharmaceutical fortreatment by an ozonator, please list the wastes that can be treated at this facility, and allsupporting documents from academia, manufacturer, and/or waste industries shall beappended to the Permit Application.

8. (Section 3, Items 13 & 24) To ensure the facility can only accept the permitted regulatedmedical wastes, the Plan should describe the wastes screening processes (includingfrequency) and the training credential of the personnel to conduct this task.
i. At a minimum, waste screening should be conducted at the following check points:
· The transporter loads up wastes from a waste generator/waste generating
facility.
· After unloading the waste to the tipping floor/floor scale area from a
transporting vehicle. (Reviewing the manifest of the waste type from the transporteris a start but shall not be end there.)
· The frequency of conducting a waste screening at each check point. e.g. every
load per shipment.
ii. The facility can only accept/receive the regulated medical wastes meet the requirements forpacking/bagging, labeling, marking per Rules 15A NCAC 13B .1202(c) & (d) and .1204(a) andrecordation requirement per Rule 15A NCAC 13B .1204(b).
iii. The Contingency Plan (in Item 24) should describe the approaches to manage (handling anddisposal) unpermitted or conformance wastes (such as hazardous waste or RCRA or DOTregulated wastes) inadvertently accepted at the facility. If the unpermitted or nonconformancewastes arrived and received at the facility, OWS shall issue a written record notifying thegenerating facility that a package of medical waste received that is not in compliance with thetreatment method utilized - Ozonation. A copy of the record shall be maintained at the OWSfacility.
9. (Section 3, Item 13) According to Item 13, the Ozonator NG-3000 can optimally treatmedical waste containing fraction of liquid up to 20% by weight without adding anyabsorbent or pretreatment of raw wastes. The Plan needs to provide the following info:i. The procedures (screening measures) to identify or determine if the received wastesrequires a pre-treatment.ii. Where the pretreatment is conducted – outside or inside the Ozonator. If outside theOzonator, are there any spill presentation measures and safety protocols be implemented?
10. (Section 3, Item 16) After treatment, regulated medical waste shall not becomeputrescent, a nuisance, and infectious. Putrescent treated regulated medical waste shall bedisposed of within three calendar days. Please add the requirements to the Item 16.
11. (Section 3, Item 17)
i. This “Process Control” should describe the function of the “distributed control system(DCS)” for Ozonator NG-3000. The emergency shutdown control should be described aspart of contingency procedures.ii. Should the Ozonator have two chambers? The secondary chamber is a built-incontainment to prevent ozone leakage from the primary/operating chamber if a disasteroccurs. Please describe the containment system to Item 17.
iii. The Plan should describe routine (weekly and monthly) inspection and maintenance of theozonator and the persons’ training requirements to conduct the tasks as stated in themanufacturer’s specifications. The copy of the manufacturer’s Operations and MaintenanceManual for the Ozonator NG-3000 should be placed in the facility and may be appended to thePlan.
iv. For confirmation/verification of the processing efficacy, the stated testing protocols(periodically and monthly) are different from the manufacturer’s specifications (daily andmonthly). Please explain why the deviations are acceptable. Additionally, the third-partyverification test is conducted periodically at OWS facility. Please specify the test frequency, saidevery six-month period.
v. The Facility Compliance Inspection Report dated February 26, 2018 states the ozonator is notoperational since May 2016. Please describe the reactivating procedures (including a writtennotification to inform the SWS of the planned activities, at least 14 days prior to reactivating thewaste treatment unit) and the requirements for confirmation / verification of the processingefficacy of the upgraded ozonator.

12. (Section 3, Item 21) This section should describe the procedures to manage (includinghandling, temporarily storing, record-keeping) the received waste that can’t be treated byOzonator (or by-pass, if it staged in the vehicle inside the facility) medical wastes at thefacility.

13. (Section 3, Item 27) Please add the following requirement to the Item 27. The exterior ofregulated medical waste storage and transport containers, compactors, trailers, and cargo baysshall be free of solid waste and solid waste residue at the conclusion of each working day.

14. (Section 3, Item 30) Should a fire occurs at the facility, OWS should report the incidenceto the SWS within 24 hours and a written notification shall be submitted within 15 days. TheSWS has a standardized report form, OWS can download the form from the weblink belowand it can be appended to the Plan as needed. The link is at https://files.nc.gov/ncdeq/Waste%20Management/DWM/SW/Forms/FireOccurrenceReport.pdf

15. (Section 3, Item 31) The following record keeping requirements must add to the Item 31.
· A copy of the operations plan shall be kept at the facility and shall be available for review by
the SWS during facility inspections or upon request by the SWS. If the information in theOperations Plan changes, the facility shall submit a revised operations plan to the SWS for areview and approval prior to activating the revised operations and update the copies of the plankept in the facility record.
· OWS shall maintain a record of the disposal facility’s contact information including the
facility name, permit number, physical location and mailing address, and contact name and phonenumber.
· The treatment facility shall maintain operating records and monitoring, testing, and
maintenance records for a period of three years.
· The facility shall submit an annual report to the SWS in accordance with G.S. 130A-
309.09D(b).
· Required records stated in Comment No. 2 (the storage amount in tonnage of the treated &
untreated wastes) per week Comments No. 8.iii (notification of a generator of receiving non-conformance or hazardous wastes), No. 18 (the site closure or termination of a permitted activity)and others required by RCRA or DOT.

16. (Section 3, Item 32) A contingency plan (for the facility) details
i. Procedure(s) shall be used to prevent medical waste from becoming a nuisance or putrescent,and
ii. Procedure(s) for abatement if medical waste becomes a nuisance or putrescent.
iii. The spillage control measures for waste or liquid waste leak at the facility including treatmentarea, load-off area, waste-loaded vehicle staging area, and storage areas.
iv. Identifying risks and describing how the facility will respond to incidents or emergencies, andhow regulated medical waste will be handled or redirected when facilities or transport vehiclesare unavailable due to maintenance, adverse weather, or other emergencies.

17. (Section 5)
i. The section describes that two (2) loads will be processed and treated per day, and Section 3,item 14 states that approximately 20 tons of medical waste will be treated. Will it be correctly toreport that a load equals 10 tons for the FA calculation? Please clarify.
ii. The approved financial assurance (FA) was $19,392 in 2014-dollar value. Since the on-sitewaste loads are remained four loads without and all other waste handling & disposal methods donot changed from last permit cycle. The new FA, after inflation adjustment should be $20,480 indollar value. The calculations show below:
FY Inflation factor (IF)FA (Yr - dollar value)
2014 -$ 19,392
2015 1.014 $ 19,66320161.010 $ 19,86020171.013 $ 20,118
2018 1.018 $ 20,480
Please note that the FA shall be adjusted to 2019-dollar value, but the federalgovernment fails to provide 2019IF at this moment. If 2019IF is not available at the timethe new permit is issued, the SWS reserves the statuary right and will request OWS toprovide the update FA in the FY 2019-2020.

iii. The facility is also operating as a waste transfer station and a temporarily waste storage unit. The FA must include the costs for properly disposed of the permitted amount of non-treated/by-pass wastes stored and consequently transported to an off-site facility per week. This isadditional FA and shall be separated from the FA for wastes that can be treated/processed at thefacility.

18. When OWS ceases the operations of treatment, transfer, or storage, OWS shall submit tothe SWS a record which shall include the following information within 14 calendar daysafter receiving the last waste load for treatment. The records are:
a. A signed statement that treatment, transfer, or storage operations have ceased, and allmedical waste has been removed.
b. Digital pictures of the area(s) that was (were) utilized for the treatment, transfer, orstorage operations taken after operations have ceased and all medical waste have beenremoved.
c. Additional information, may be requested by the SWS as needed, pertaining to thetreatment, transfer, or storage operations if it is necessary to determine compliance withthe rules effective at that time.
d. Before the SWS make the permit decision of the site closure, if any of the informationassociated with the site closure is changed, OWS shall submit an updated record to theSWS within 14 calendar days.
e. After the SWS make the permit decision of the site closure, OWS can apply for a newpermit for operating a medical waste treatment facility according to the law and ruleeffective at that time. A permit fee may be required.
Please add the requirements to the Permit Application.

19. (Section 6 & Appendix 1) The described forms are not included in the application. Theattached forms of Certification of Land Owner (Lingerfelt Commonwealth Greensboro Sub,LLC) and Application Signature (see attached page) should be properly completed, signedand notarized as indicated on the form.

20. (Section 7) Provide a schematic diagram to show the waste treatment/process by theOzonator inside the facility.

21. (Section 7) Please add the requested items below to the facility floor plan on Page 7 of thepermit application. Entrance of the building/facility including personnel, raw waste entrancegate (waste into the building), egress of the treated waste, tipping area/floor scale, wasteholding area, waste screening area, area to loading waste into hopper of a Ozonator, treatmentwaste inside the sealed disposed tank and the area to store. Please contact myself if you have any question or request for further clarification of the above-
mentioned comments. Thank you and have a wonderful day.