N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.15

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

Section 373-3.15 - Incinerators

(a)Applicability.

(1) The regulations in this section apply to owners and operators of hazardous waste incinerators (as defined in section 370.2[b] of this Title), except as section 373-3.1(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 set forth in subparagraphs (ii) through (iii) of this paragraph, the requirements of this Subpart do not apply to a hazardous waste incineration unit when the owner or operator 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) the MACT standards do not replace the requirements of subdivision (e) of this section and the applicable requirements of sections 373-3.1""373-3.8, 373-3.28""373-3.29 of this Subpart.

(iii) the requirements of section 373-3.15(c) of this Subpart generally prohibiting burning of hazardous waste during startup and shutdown remain in effect if the owner or operator elects to comply with section 373-1.12(a)(2)(i) (a) of this Part to minimize emissions of toxic compounds from startup and shutdown.

(4) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this section, except subdivision (e) (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Appendix 23 of this Title, and such documentation is retained at the facility, if the waste to be burned is:

(i) 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

(ii) 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

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

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

(b)Waste analysis.

In addition to the waste analyses required by section 373-3.2(d) of this Subpart, the owner or operator must sufficiently analyze any waste which has not previously been burned in the incinerator to enable the owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:

(1) heating value of the waste;

(2) halogen content and sulfur content in the waste; and

(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.

Note:

As required by section 373-3.5(c) of this Subpart, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.

(c)General operating requirements.

During start-up and shutdown of an incinerator, the owner or operator must not feed hazardous waste unless the incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.

(d)Monitoring and inspections.

The owner or operator must conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste:

(1) Existing instruments which relate to combustion and emission control must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state combustion conditions must be made immediately, either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator, temperature, scrubber flow, scrubber pH, and relevant level controls.

(2) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.

(e)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.

Note:

At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 371.1(d)(4) of this Title, 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 all applicable requirements of Parts 370 through 376 of this Title.

(f)Standards for particular hazardous wastes.

(1) Owners or operators of incinerators subject to this section may burn EPA hazardous waste F020, F021, F022, F023, F026 or F027 if they receive a certification from the commissioner that they can meet the performance standards of section 373-2.15 of this Part when they burn the wastes.

(2) In addition to the requirements of Part 621 of this Title, the following standards and procedures will be used in determining whether to certify an incinerator:

(i) The owner or operator must submit an application to the commissioner containing applicable information in sections 373-1.5(f) and 373-1.9(a) of this Part demonstrating that the incinerator can meet the performance standards in section 373-2.15 of this Part when they burn the wastes.

(ii) The commissioner will issue a tentative decision whether the incinerator can meet the performance standards in section 373-2.15 of this Part. Notification of this tentative decision will be provided by a newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The commissioner will accept comment on the tentative decision for 60 days. The commissioner also may hold a public hearing upon request or at his or her discretion.

(iii) After the close of the public comment period, the commissioner will issue a decision whether or not to certify the incinerator.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.15

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