N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.16

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

Section 373-3.16 - Thermal treatment

(a) The regulations in this section apply to owners and operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as provided in section 373-3.1(a) of this Subpart. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of section 373-3.15 of this Subpart if the unit is an incinerator, and section 374-1.8 of this Title if the unit is a boiler or an industrial furnace as defined in section 370.2(b) of this Title.

(b)General operating requirements.

Before adding hazardous waste, the owner or operator must bring the thermal treatment process to steady state (normal) conditions of operation-including steady state operating temperature-using auxiliary fuel or other means, unless the process is a noncontinuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.

(c)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 been previously treated in the thermal process to enable the owner or operator to establish steady state (normal) or other appropriate (for a noncontinuous process) operating conditions (including waste and auxiliary fuel feed), and to determine the type of air contaminants 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.

(d)Monitoring and inspections.

(1) The owner and operator must conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste:

(i) Existing instruments which relate to temperature and emission control (if an emission control device is present) must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions must be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature, and relevant process flow and level controls.

(ii) The stack plume (emissions), where present, must be observed visually at least hourly for normal appearance (color and opacity). The operator must immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.

(iii) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills and fugitive emissions, 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) from the thermal treatment process or equipment.

(f)Open burning; waste explosives.

Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate, and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometer/second at sea level). Owners or operators choosing to open-burn or detonate waste explosives must do so in accordance with the following table and in a manner that does not threaten human health or the environment.

Pounds of waste explosives		Minimum distance from open
or propellants		burning or detonation to the
		property of others
0 to 100 ______________________	204 meters	(670 feet)
100 to 1,000 ______________________	380 meters	(1,250 feet)
1,001 to 10,000 ______________________	530 meters	(1,730 feet)
10,001 to 30,000 ______________________	690 meters	(2,260 feet)

(g)Standards for particular hazardous waste.

(1) Owners or operators of thermal treatment devices 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 these 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 a thermal treatment unit:

(i) The owner or operator must submit an application to the commissioner containing the applicable information in sections 373-1.5(f) and 373-1.9(a) of this Part demonstrating that the thermal treatment unit 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 thermal treatment unit can meet the performance standards in section 373-2.15 of this Part. Notification of the tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device 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 thermal treatment unit.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.16

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