N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.15

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

Section 373-2.15 - Incinerators

(a)Applicability.

(1) The regulations of this section apply to owners and operators of hazardous waste incinerators (as defined in section 370.2[b] of this Title), except as section 373-2.1(a) of this Subpart provides otherwise.

(2) Additional regulations governing construction and operation of incinerators for purposes of air pollution control are set forth in Parts 200, 201, 212, 219, 225, 227 and 257 of this Title.

(3) Integration of the MACT standards.

(i) Except as provided by subparagraphs (ii) through (v) of this paragraph, the standards of this Subpart:

(a) do not apply to a new hazardous waste incineration unit that becomes subject to Part 373 permit requirements after October 12, 2005; or

(b) no longer apply when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, by conducting a comprehensive performance test and submitting to the department a Notification of Compliance under 40 CFR sections 63.1207(j) and 63.1210(d) of subpart EEE documenting compliance with the requirements of 40 CFR part 63, subpart EEE as incorporated by reference and implemented by section 200.10(a) and (d) of this Title.

(ii) Part 373 permit conditions that were based on the standards of this Subpart will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.

(iii) The MACT standards do not replace the closure requirements of subdivision (h) of this section or the applicable requirements of sections 373-2.1""373-2.8, 373-2.28 and 373-2.29 of this Subpart.

(iv) The particulate matter standard of paragraph (d)(3) of this section remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard under 40 CFR section 63.1206(b)(14) and 63.1219(e) of subpart EEE, as incorporated by reference in and implemented by section 200.10(a) and (d) of this Title.

(v) The following requirements remain in effect for startup, shutdown, and malfunction events if the owner or operator elects to comply with section 373-1.12(a)(1)(i) of this Part to minimize emissions of toxic compounds from these events:

(a) paragraph (f)(1) of this section requiring that an incinerator operate in accordance with operating requirements specified in the permit; and

(b) paragraph (f)(3) of this section requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.

(4) After consideration of the waste analysis included with the permit application, the commissioner, in establishing the permit conditions, must exempt the applicant from all requirements of this section except subdivisions (b) (waste analysis) and (h) (closure):

(i) if the commissioner finds that the waste to be burned is:

(a) listed as a hazardous waste in section 371.4 of this Title, solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(b) listed as a hazardous waste in section 371.4 of this Title, solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 371.3(d)(1)(iv) and (v) of this Title, and will not be burned when other hazardous wastes are present in the combustion zone; or

(c) a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under section 371.3 of this Title; or

(d) a hazardous waste solely because it possesses any of the reactivity characteristics described by section 371.3(d)(1)(i), (ii), (iii), (vi), (vii) and (viii) of this Title, and will not be burned when other hazardous wastes are present in the combustion zone; and

(ii) if the waste analysis shows that the waste contains none of the hazardous constituents listed in Appendix 23 (see Part 371) of this Title, which would reasonably be expected to be in the waste.

(5) If the waste to be burned is one which is described by clause (3)(i)(a), (b), (c) or (d) of this subdivision and contains insignificant concentrations of the hazardous constituents listed in Appendix 23 of this Title, then the commissioner may, in establishing permit conditions, exempt the applicant from all requirements of this section, except subdivisions (b) (waste analysis) and (h) (closure), after consideration of the waste analysis included with the permit application, unless the commissioner finds that the waste will pose a threat to human health and the environment when burned in an incinerator.

(6) The owner or operator of an incinerator may conduct trial burns, subject only to the requirements of section 373-1.9(a) of this Part.

(b)Waste analysis.

(1) As a portion of the trial burn plan required by section 373-1.9(a) of this Part, or with the Part 373 permit application, the owner or operator must have included an analysis of the waste feed sufficient to provide all information required by section 373-1.9(a)(2) or 373-1.5(f) of this Part. Owners or operators of new hazardous waste incinerators must provide the information required by section 373-1.9(a)(3) or 373-1.5(f) to the greatest extent possible.

(2) Throughout normal operation, the owner or operator must conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in the permit (under paragraph [f][2] of this section).

(c)Principal organic hazardous constituents (POHC's).

(1) Principal organic hazardous constituents (POHC's) in the waste feed must be treated to the extent required by the performance standard of subdivision (d) of this section.

(2)

(i) One or more POHC's will be specified in the facility's permit, from among those constituents listed in Appendix 23 (see Part 371) of this Title, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with the facility's Part 373 permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHC's. Constituents are more likely to be designated as POHC's if they are present in large quantities or concentrations in the waste.

(ii) Trial POHC's will be designated for performance of trial burns in accordance with the procedure specified in section 373-1.9 of this Part for obtaining trial burn permits.

(d)Performance standards.

An incinerator burning hazardous waste must be designed, constructed and maintained so that, when operated in accordance with operating requirements specified under subdivision (f) of this section, it will meet the following performance standards:

(1)

(i) Except as provided in subparagraph (ii) of this paragraph, an incinerator burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99 percent for each principal organic hazardous constituent (POHC) designated (under subdivision [c] of this section) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

DRE=(W_in-W_out) ×-100%/W_in

Where:

W_in = Mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator; and

W_out = Mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.

(ii) An incinerator burning hazardous wastes F020, F021, F022, F023, F026 or F027 must achieve a destruction and removal efficiency (DRE) of 99.9999 percent for each principal organic hazardous constituent (POHC) designated under subdivision (c) of this section in its permit. This performance must be demonstrated on POHC's that are more difficult to incinerate than tetra, penta, and hexachlorodibenzo-p dioxins and dibenzofurans. DRE is determined for each POHC from the equation in subparagraph (i) of this paragraph. In addition, the owner or operator of the incinerator must notify the department of the intent to incinerate hazardous wastes F020, F021, F022, F023, F026 or F027.

(2) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (four pounds per hour) of hydrogen chloride (HCl) must control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or one percent of the HCl in the stack gas prior to entering any pollution control equipment.

(3) An incinerator burning hazardous waste must not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:

P_c =P_m ×- 14/_21-Y

Where P _c is the corrected concentration of particulate matter, P_m is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas. This method is presented in 40 CFR part 60, Appendix A (Method 3) (see 6 NYCRR 370.1[e]). This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the commissioner will select an appropriate correction procedure to be specified in the facility permit.

(4) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under subdivision [f] of this section) will be regarded as compliance with this subdivision. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be "information" justifying modification, revocation or reissuance of a permit under section 373-1.7(b) of this Part.

(e)Hazardous waste incinerator permits.

(1) The owner or operator of a hazardous waste incinerator may burn only wastes specified in the permit, and only under operating conditions specified for those wastes under subdivision (f) of this section, except:

(i) in approved trial burns under section 373-1.9(a) of this Part; or

(ii) under exemptions in subdivision (a) of this section.

(2) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with a permit application under section 373-1.5(f) of this Part.

(3) The permit for a new hazardous waste incinerator must establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of subdivision (f) of this section, sufficient to comply with the following standards:

(i) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in subparagraph (ii) of this paragraph, not to exceed a duration of 720 hours' operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of subdivision (d) of this section. The commissioner may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

(ii) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the performance standards of subdivision (d) of this section and must be in accordance with the approved trial burn plan.

(iii) For the period immediately following completion of the trial burn and only for the minimum period sufficient to allow sample analysis, data computation and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the commissioner, the operating requirements must be those most likely to ensure compliance with the performance standards of subdivision (d) of this section.

(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial burn or by alternative data specified in section 373-1.5(f)(3) of this Part, as sufficient to ensure compliance with the performance standards of subdivision (d) of this section.

(f)Operating requirements.

(1) An incinerator must be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in paragraph [e][2] of this section and included with a facility's permit application) to be sufficient to comply with the performance standards of subdivision (d) of this section.

(2) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of subdivision [d] of this section) to which the operating requirements apply. For each such waste feed, the permit will specify acceptable operating limits, including the following conditions:

(i) carbon monoxide (CO) level in the stack exhaust gas;

(ii) waste feed rate;

(iii) combustion temperature;

(iv) an appropriate indicator of combustion gas velocity;

(v) allowable variations in incinerator system design or operating procedures; and

(vi) such other operating requirements as are necessary to ensure that the performance standards of subdivision (d) of this section are met.

(3) During start-up and shut-down of an incinerator, hazardous waste (except wastes exempted in accordance with subdivision [a] of this section) must not be fed into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the permit.

(4) Fugitive emissions from the combustion zone must be controlled by:

(i) keeping the combustion zone totally sealed against fugitive emissions;

(ii) maintaining a combustion zone pressure lower than atmospheric pressure; or

(iii) an alternate means of control demonstrated (with Part 373 permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(5) An incinerator must be operated with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under paragraph (1) of this subdivision.

(6) An incinerator must cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit.

(g)Monitoring and inspections.

(1) The owner or operator must conduct, as a minimum, the following monitoring while incinerating hazardous waste:

(i) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit must be monitored on a continuous basis.

(ii) Carbon monoxide must be monitored on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere.

(iii) Upon request by the commissioner, sampling and analysis of the waste and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the performance standards of subdivision (d) of this section.

(2) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions and signs of tampering.

(3) The emergency waste feed cutoff system and associated alarms must be tested at least weekly to verify operability, unless the applicant demonstrates to the commissioner that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing must be conducted at least monthly.

(4) This monitoring and inspection data must be recorded and the records must be placed in the operating record required by section 373-2.5(c) of this Subpart.

(h)Closure.

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters and scrubber sludges) from the incinerator site.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.15

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020

At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.1(d)(4), that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with applicable requirements of 6 NYCRR Parts 372 through 374.