NY Env Conserv L § 19-0306 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0306 - Municipal Solid and Regulated Medical Waste Incineration Facilities.

§ 19-0306. Municipal  solid  and  regulated  medical  waste incineration              facilities.   1. Definitions. When used in this section:   a. "Municipal solid waste incineration facility" means a facility that is  owned,  operated,  or  utilized  by,  or  under  contract  with,   a municipality   or   political   subdivision   and  which  utilizes  high temperature thermal destruction technologies, including  combustion  for the  recovery  of  thermal  value or for the disposal of municipal solid waste.   b. "Solid waste"  means  any  materials  or  substances  discarded  or rejected  as  being spent, useless, worthless, or in excess to the owner at the time of such discharge or  rejection,  except  sewage  and  other highly  diluted  water  carried  materials  or  substances  and those in gaseous form.   c.  "Regulated  medical  waste   incineration   facility"   means   an incinerator  which is operated or utilized for the disposal or treatment of regulated medical waste, as defined in title 15 of article 27 of this chapter and which  may  utilize  high  temperature  thermal  destruction technologies, including combustion for the recovery of thermal value.   2.  Within  thirty  days  of  the  effective  date of this section and pursuant to the state administrative  procedure  act,  the  commissioner shall,  in  consultation  with the commissioner of health, propose final draft operating requirements for  emissions  of  air  contaminants  from municipal   solid   waste   incineration   facilities.   Such  operating requirements shall be effective and shall apply to municipal solid waste incineration facilities for which a permit to construct has been  issued and  final  engineering  drawings have been accepted by the commissioner after one hundred twenty days after  such  operating  requirements  have been  formally promulgated. Such operating requirements shall govern the operation  and  management  of  such  facilities  with  respect  to  air contamination, and shall include but not be limited to provisions for:   a. Maintenance of a minimum incineration temperature and the means and location at which such temperature shall be measured;   b. Residence or exposure time for incineration;   c.  Appropriate levels of control for acid gas, sulfur dioxide, oxides of nitrogen, and hydrochloric acid with regard to the following:  (i)  the  level  of  protection  provided  the   public   health   and environment;  (ii)  the  likely or potential reductions of acid gas emissions from a separate, nearby source of such emissions as  a  result  of  a  proposed facility becoming operational;  (iii)  the  likely  economic impact of such controls due to associated capital and operating costs, and in relation to alternative solid  waste management options, including landfilling; and  (iv)  the  appropriateness  of  reduced  or  modified  levels  of such controls for smaller facilities;   d. Combustion efficiency;   e. Monitoring of emissions for toxic air contaminants,  or  surrogates thereof  where appropriate, to determine compliance with permit emission limits twice within the first eighteen months of operation and once each within the next two eighteen month intervals  and  subsequently  at  the discretion  of  the  commissioner, and following any detection of permit violations in a manner to be determined by the commissioner;   f. Continuous monitoring for oxygen, carbon monoxide, carbon  dioxide, opacity and temperature;   g.  Sampling and testing of the combined ash and dust residue at least annually to determine  appropriate  disposition  or  disposal  based  on  relative  toxicity;  provided, however, that separate testing of ash and dust shall be required if they are not mixed prior to disposal.   3. The department shall undertake further investigation of appropriate cooling  methods  for  achieving  the condensation and collection of air contaminants and  of  the  necessity  for,  and  appropriate  means  of, regulating  fine particulates. Upon such investigation, the commissioner shall issue a report on his  findings  and  may  promulgate  appropriate regulations.   4.  The  department  shall, in promulgating any new or revised rule or regulation, accompany such rule  making  with  an  environmental  impact statement  or  a  written  assessment  stating the extent to or means by which such rule or regulation will  prevent,  control  or  prohibit  air pollution.   5.  Operating  requirements  established  pursuant to this section for municipal  incineration  facilities  shall  be  embodied  in  rules  and regulations  of  the department promulgated in accordance with the state administrative procedure act.   6.  On  or  before  the  effective  date  of  this  subdivision,   the commissioner  shall,  in  consultation  with the commissioner of health, promulgate proposed operating  requirements  for  the  emission  of  air contaminants  from regulated medical waste incineration facilities. Such operating requirements shall, where appropriate, be consistent with  the provisions  of  this  section  provided,  however, that the commissioner shall require such facilities  to  employ  the  best  available  control technologies.  Such  operating requirements shall be effective and shall apply to all regulated medical waste incineration facilities, for  which an  operating  permit  has been issued, ninety days after such operating requirements have  been  formally  promulgated  pursuant  to  the  state administrative  procedure  act  provided,  however, that where regulated medical  waste  incineration  facilities  are  owned  by   health   care facilities  licensed  pursuant  to  article  twenty-eight  of the public health law and in operation by permit of the  department  on  or  before September  first,  nineteen  hundred  eighty-seven,  then such standards shall become effective as to such facilities on January first,  nineteen hundred ninety-two.   7.  Each  person  who  operates  a  facility  for  the incineration of regulated medical waste shall report to the commissioner on  the  volume and  sources  of  regulated  medical  waste  that it incinerated on-site during the  six  months  next  following  the  effective  date  of  this subdivision.  Such  report shall be the same as or similar to the report required to  be  filed  with  the  administrator.  The  commissioner  is authorized  to  require  reports  pursuant  to this subdivision at least annually thereafter.