2023 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.