N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-1.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 362-1.5 - Design and operating requirements

A facility required to obtain a permit under this Subpart must, in addition to the requirements identified in section 360.19 of this Title, design, construct, maintain, and operate the facility in compliance with the following:

(a) Combustors that treat municipal solid waste must include power generation equipment, such as steam turbines, or other energy recovery equipment which must be installed and must be operated while the facility is in operation, except during routine maintenance and unexpected downtime events.

(b)Waste receipt and storage.

(1) The facility must only receive and treat waste in accordance with the facility's approved waste control plan submitted in accordance with section 360.16(c)(4)(i) of this Title. The metal that is extracted subsequent to combustion is not considered to be a part of the facility's approved design capacity.

(2) A minimum of one random inspection of a waste delivery vehicle per operating day for unauthorized waste must be performed. A daily log of these inspections must be maintained.

(3) All waste delivered to the facility must be processed and contained within a completely enclosed structure. All waste stored must be contained within a completely enclosed structure or building that provides a minimum of three days storage capacity. In no case can the waste stored at the facility exceed the capacity of the waste storage bunker or the department-approved storage area of the tipping floor.

(4) External storage of putrescible waste is prohibited. Nonputrescible recyclables or oversized, bulky, or excluded waste can be temporarily stored outside the facility in covered containers for a period not to exceed 10 calendar days.

(5) Except for facilities that process only nonputrescible waste, the waste storage area and tipping area must maintain a negative air pressure, compared to atmospheric conditions, when the facility is in operation.

(6) All rejected, oversized, bulky, excluded, untreatable, or bypass waste that is not recyclable must be disposed of at an authorized facility.

(7) Radioactive waste detection procedures and requirements. A facility that accepts wastes other than source-separated recyclables must meet the following requirements:

(i) A fixed radiation detection unit must be installed and operated at a location appropriate for the monitoring of all incoming waste.

(ii) The concentration of radium-226 in any waste treated at the facility cannot exceed 25 pCi/g however waste which triggers the radiation detector can be accepted and evaluated according to the facility's waste control plan in order to determine whether or not the waste may be accepted at the facility.

(iii) The investigation alarm setpoint of the radiation detector must be set at least two times, but no greater than five times, site background radiation levels.

(iv) Background radiation readings at the facility must be measured and recorded at least daily.

(v) Field checks of the radiation detector utilizing a known radiation source must be performed and recorded at least weekly.

(vi) The radiation detector must be calibrated at least annually or more often as recommended by the manufacturer, and documentation describing the calibration must be maintained at the facility.

(vii) Each instance in which the radiation detector is triggered by a waste load must be documented and reported to the department within 24 hours. Recorded information must include the date the waste was received, transporter name, origin of the waste, truck number or other identifying marking, detector reading, disposition of the waste, and date of disposition.

(8) Source-separated recyclables, source-separated household hazardous waste, source-separated electronic wastes, source-separated rechargeable batteries, source-separated mercury-containing products, and other source-separated items that are subject to legislatively enacted product stewardship programs in New York State must not be accepted for treatment, except at facilities that are approved by the department to accept only source-separated recyclables as feedstocks. Facilities must not accept source-separated recyclables as feedstock unless, at the time of permitting, that feedstock has no recycling market as determined by the department. Viability of recycling markets will be evaluated at the time of each permit renewal.

(9) Regulated medical waste or source-separated pharmaceutical waste can only be accepted if it is:

(i) handled separately from other waste when received;

(ii) unloaded directly into the waste receiving pit;

(iii) managed in a manner that ensures controlled substances are placed directly into the combustor and not placed in the waste receiving pit with other waste;

(iv) handled in a manner that ensures the integrity of the containers until combustion;

(v) combusted within a 24 hour-period; and

(vi) identified in the facility's waste control plan.

(c)Residue sampling and analysis.

(1) The owner or operator of the facility must separately test individual residue streams unless the residue streams are combined for disposal.

(2) Toxicity characteristic testing requirements.

(i) Residue must be tested for toxicity characteristic using the toxic characteristic leaching procedure found in EPA Method 1311 of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, as incorporated by reference in section 360.3 of this Title. Testing must be performed by a laboratory that has an Environmental Laboratory Approval Program (ELAP) certification from the New York State Department of Health. All residue analyses used to comply with the requirements of this Subpart must be done in accordance with "EPA Method 1311 of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" and must be performed without site specific changes to these procedures. The details of the sample collection and analytical parameters must be described in a site-specific sampling and analysis plan as described in section 362-1.4(c)(4) of this Subpart.

(ii) Testing must begin within one month following the commencement of operation and must be conducted biannually. Tests must be conducted at least four, but no more than eight, months apart.

(iii) After a minimum of four sampling rounds, a facility can submit a request for approval to the department to reduce the parameters and/or frequency of testing required under this paragraph. Frequency of testing will not be reduced to less than one sampling round every five years.

(3) Total metals testing requirements.

(i) Residue must be tested for the total content of arsenic, barium, beryllium, cadmium, chromium (total and hexavalent), copper, lead, mercury, nickel, silver, zinc, calcium, iron, aluminum, chloride, sulfate, and any other parameters determined by the department to be necessary. Testing must be performed by a laboratory that has an Environmental Laboratory Approval Program (ELAP) certification from the New York State Department of Health. All residue analyses used to comply with the requirements of this Subpart must be done in accordance with the approved EPA Method identified in the residue sampling and analysis plan and must be performed without site specific changes to these procedures. The details of the sample collection and analytical parameters must be described in a site-specific sampling and analysis plan as described in section 362-1.4(c)(4) of this Subpart.

(ii) Testing must begin within one month following the commencement of operation, and must be conducted at least four, but no more than eight, months apart.

(iii) After a minimum of four sampling rounds, a facility can submit a request for approval to the department to reduce the parameters and/or frequency of testing required under this paragraph. Frequency of testing will not be reduced to less than one sampling round every five years.

(4) Residue analytical results must be submitted to the department as required by subdivision 362-1.6(c) of this Subpart. The results of all ash residue analyses performed to demonstrate compliance with this subdivision must be submitted, including any results that lead to the ash being reanalyzed. In the event that the ash residue is reanalyzed, an explanation must be included in the submittal.

(d)Residue management.

(1) Sufficient residue storage capacity must be provided at the facility to ensure facility operations continue during short-term interruptions of residue transportation and/or disposal.

(2) Residue stored at the facility must not exceed the equivalent of seven times the daily design output.

(3) Residue stored in a pile must be placed within an enclosed building on an impermeable base. A run off management system must be provided to collect and control the free liquid that drains from the residue.

(4) Containers storing residue can only be stored outside of a building or enclosed structure if the container is covered.

(5) Residue must be drained of free liquid prior to transport.

(6) Residues must not cause dust to be generated during storage, loading, transport, and unloading.

(7) Transport vehicles must be enclosed or covered when leaving the facility.

(8) Any use of residues in landfill applications such as alternative operating cover, temporary or permanent roads, final cover, final grading, or for use as a building or construction material must comply with section 363-6.21 of this Title.

(9) Petitions for the proposed beneficial use of residue must be submitted in accordance with section 360.12 of this Title.

(e)Training and operator certification.

(1) The operation of a combustor subject to the requirements of this Subpart, which treats municipal solid waste, must be directed by a person certified through a certification program acceptable to the department.

(2) Staff training related to radiation detection system operating procedures and radiation investigation alarm response procedures must be conducted at least annually.

(f) The facility must maintain financial assurance in an amount sufficient to cover the cost of closure of the facility as specified by sections 360.21 and 360.22 of this Title.

(g) Food scraps. After January 1, 2022, combustion facilities must take all reasonable precautions to not accept food scraps from designated food scraps generators required to send their food scraps to a facility regulated by Subpart 361-2 or 361-3 of this Title, unless the designated food scraps generator has received a temporary waiver from the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-1.5

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023