§ 19-0304 — Burning of hazardous wastes

New York § 19-0304

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Powers and Duties
• Art. 19: Air Pollution Control

Text

§ 19-0304. Burning of hazardous wastes.\n 1. Any person applying for a permit to burn hazardous waste pursuant\nto the department's rules and regulations shall be subject to the\nrequirements of this section.\n For the purposes of this section, all burning of hazardous wastes\nshall be subject to the provisions of this section, including combustion\nfor the recovery of the thermal value of such wastes.\n As used in this section, the term "hazardous waste" shall have the\nsame meaning as provided in subdivision three of section 27-0901 of this\nchapter except that it shall not include wastes classified as hazardous\nwastes solely because they are ignitable.\n 2. Prior to the issuance of such permit the commissioner may require\nthe applicant to submit a trial burn plan. The trial burn plan shall\ninclude but need not be limited to those items among the following which\nthe commissioner determines to be necessary:\n a. An analysis of the waste or mixture of wastes to be burned;\n b. An engineering description of the incinerator, process, or\ncombustion installation for which the permit is being sought;\n c. A test protocol, including but not limited to the following for\neach waste type:\n (1) identification of waste type,\n (2) waste feed rate,\n (3) combustion air rate,\n (4) combustion chamber temperature,\n (5) gas residence time in combustion chamber,\n (6) identification of actual and if used, surrogate principal organic\nhazardous constituents (hereinafter referred to as "POHC") selected from\nthe list in appendix VIII of Part 261 of Title 40 code of Federal\nRegulations,\n (7) feed rate of actual POHC and if used, surrogate POHC,\n (8) type and feed rate of auxiliary fuel,\n (9) anticipated identification and flow rate of fuel products,\n (10) estimated combustion efficiency and POHC destruction and removal\nefficiency,\n (11) methods of waste sampling and analysis,\n (12) methods of stack sampling and analysis;\n d. Procedures for rapidly stopping waste feed, shutting down the\nincinerator, process, or combustion installation, and controlling the\nemissions in the event of an equipment malfunction;\n e. Such other information as the commissioner reasonably finds\nnecessary to determine whether approval of the trial burn plan will\nensure compliance with applicable performance standards.\n 3. The commissioner shall approve a trial burn plan if he finds that:\n a. The trial burn will not present an imminent hazard to human health\nor the environment;\n b. The trial burn is likely to determine whether the incinerator,\nprocess or combustion installation meet applicable performance\nstandards.\n If the trial burn plan is not approved by the commissioner, he shall\nstate in writing the reasons for such disapproval to the applicant. If\nthe trial burn plan is approved by the commissioner, the owner/operator\nshall only be required to perform a trial burn in accordance with the\napproved trial burn plan. Notwithstanding the foregoing limitation, the\ndepartment may require a modification of the trial burn plan pursuant to\na written finding by the commissioner that such a modification is\nrequired to protect the public health or the environment. Stack tests\nshall be performed according to procedures established by the\ncommissioner to determine waste destruction and removal efficiency. The\ncommissioner may conduct tests to insure that trace levels of toxic air\ncontaminants are within acceptable limits.\n 4. After any approved trial burn, the applicant shall submit to the\ncommissioner a certification that the trial burn has been carried out in\naccordance with the trial burn plan. This report shall be made within\nsixty days of the trial burn. In addition, after each approved trial\nburn, the applicant must furnish such information and data as required\nby the commissioner pursuant to the approved trial burn plan.\n 5. The commissioner must either approve or disapprove the application\nfor an activity that includes the burning of hazardous wastes. If the\ncommissioner approves such application, the permit must specify the\noperating conditions which must be met in burning such wastes. Such\npermit must also specify the waste types described in the approved trial\nburn plan. If it is necessary for the permittee to seek a modification\nof the permit deemed significant by the department with respect to the\nburning of hazardous waste or wastes, the commissioner may require a new\ntrial burn plan for the department's review.\n 6. If the commissioner disapproves such application he must notify the\napplicant in writing of the reasons for such disapproval.\n 7. At a minimum, the owner or operator must continuously monitor the\ncombustion temperature, waste feed rate and combustion air rate when\nburning hazardous wastes or use another system, subject to the approval\nof the commissioner which provides at least equal assurance of on line\nefficiency.\n The commissioner shall require the owner or operator to periodically\ninspect the incinerator, process, or combustion installation and\nassociated equipment to ensure that combustion efficiency is maintained.\nThe owner or operator must also inspect the alarm system and emergency\nshut down controls at least every month, or as required by the\ncommissioner.\n 8. The commissioner, authorized officers or employees of the\ndepartment may enter any facility with an incinerator, process, or\ncombustion installation at any reasonable time, after proper\nnotification and identification, to conduct an inspection of the\ninstallation and any records maintained pursuant to the permit.\n 9. The commissioner may accept a previously conducted stack test in\nlieu of a trial burn plan and associated stack tests required under this\nsection.\n