NY Env Conserv L § 19-0304 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0304 - Burning of Hazardous Wastes.

§ 19-0304. Burning of hazardous wastes.   1.  Any  person applying for a permit to burn hazardous waste pursuant to the department's rules  and  regulations  shall  be  subject  to  the requirements of this section.   For  the  purposes  of  this  section, all burning of hazardous wastes shall be subject to the provisions of this section, including combustion for the recovery of the thermal value of such wastes.   As used in this section, the term "hazardous  waste"  shall  have  the same meaning as provided in subdivision three of section 27-0901 of this chapter  except that it shall not include wastes classified as hazardous wastes solely because they are ignitable.   2. Prior to the issuance of such permit the commissioner  may  require the  applicant  to  submit  a trial burn plan. The trial burn plan shall include but need not be limited to those items among the following which the commissioner determines to be necessary:   a. An analysis of the waste or mixture of wastes to be burned;   b.  An  engineering  description  of  the  incinerator,  process,   or combustion installation for which the permit is being sought;   c.  A  test  protocol,  including but not limited to the following for each waste type:  (1) identification of waste type,  (2) waste feed rate,  (3) combustion air rate,  (4) combustion chamber temperature,  (5) gas residence time in combustion chamber,  (6) identification of actual and if used, surrogate principal  organic hazardous constituents (hereinafter referred to as "POHC") selected from the  list  in  appendix  VIII  of  Part  261 of Title 40 code of Federal Regulations,  (7) feed rate of actual POHC and if used, surrogate POHC,  (8) type and feed rate of auxiliary fuel,  (9) anticipated identification and flow rate of fuel products,  (10) estimated combustion efficiency and POHC destruction and  removal efficiency,  (11) methods of waste sampling and analysis,  (12) methods of stack sampling and analysis;   d.  Procedures  for  rapidly  stopping  waste  feed, shutting down the incinerator, process, or combustion installation,  and  controlling  the emissions in the event of an equipment malfunction;   e.  Such  other  information  as  the  commissioner  reasonably  finds necessary to determine whether approval of  the  trial  burn  plan  will ensure compliance with applicable performance standards.   3. The commissioner shall approve a trial burn plan if he finds that:   a.  The trial burn will not present an imminent hazard to human health or the environment;   b. The trial burn is likely  to  determine  whether  the  incinerator, process   or   combustion   installation   meet  applicable  performance standards.   If the trial burn plan is not approved by the commissioner,  he  shall state  in  writing the reasons for such disapproval to the applicant. If the trial burn plan is approved by the commissioner, the  owner/operator shall  only  be  required to perform a trial burn in accordance with the approved trial burn plan. Notwithstanding the foregoing limitation,  the department may require a modification of the trial burn plan pursuant to a  written  finding  by  the  commissioner  that  such a modification is required to protect the public health or the  environment.  Stack  tests shall   be   performed   according  to  procedures  established  by  the commissioner to determine waste destruction and removal efficiency.  The  commissioner  may conduct tests to insure that trace levels of toxic air contaminants are within acceptable limits.   4.  After  any  approved trial burn, the applicant shall submit to the commissioner a certification that the trial burn has been carried out in accordance with the trial burn plan. This report shall  be  made  within sixty  days  of  the  trial burn. In addition, after each approved trial burn, the applicant must furnish such information and data  as  required by the commissioner pursuant to the approved trial burn plan.   5.  The commissioner must either approve or disapprove the application for an activity that includes the burning of hazardous  wastes.  If  the commissioner  approves  such  application,  the  permit must specify the operating conditions which must be met  in  burning  such  wastes.  Such permit must also specify the waste types described in the approved trial burn  plan.  If it is necessary for the permittee to seek a modification of the permit deemed significant by the department with respect  to  the burning of hazardous waste or wastes, the commissioner may require a new trial burn plan for the department's review.   6. If the commissioner disapproves such application he must notify the applicant in writing of the reasons for such disapproval.   7.  At  a minimum, the owner or operator must continuously monitor the combustion temperature, waste feed rate and  combustion  air  rate  when burning  hazardous wastes or use another system, subject to the approval of the commissioner which provides at least equal assurance of  on  line efficiency.   The  commissioner  shall require the owner or operator to periodically inspect  the  incinerator,  process,  or  combustion  installation   and associated equipment to ensure that combustion efficiency is maintained. The  owner  or operator must also inspect the alarm system and emergency shut down  controls  at  least  every  month,  or  as  required  by  the commissioner.   8.   The   commissioner,  authorized  officers  or  employees  of  the department may enter any  facility  with  an  incinerator,  process,  or combustion   installation   at   any   reasonable   time,  after  proper notification  and  identification,  to  conduct  an  inspection  of  the installation and any records maintained pursuant to the permit.   9.  The  commissioner  may accept a previously conducted stack test in lieu of a trial burn plan and associated stack tests required under this section.