New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.8 - Hazardous waste burned in boilers and industrial furnaces

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations of this section apply to
					 hazardous waste burned or processed in a boiler or industrial furnace (as defined
					 in section
					 370.2[b] 
					 of this Title) irrespective of the purpose of burning or processing, except as
					 provided by paragraphs (2), (3), (4), (7) and (8) of this subdivision. In this
					 section, the term
burn
means burning for energy recovery or
					 destruction, or processing for materials recovery or as an ingredient. The
					 emissions standards of subdivisions (e) through (h) of this section apply to
					 facilities operating under interim status or under a Part 373 permit as specified
					 in subdivisions (c) and (d) of this section.
Note:
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.
(2) Integration of the MACT standards.
(i) Except as set forth in subparagraphs (ii)
					 through (vi) of this paragraph, the requirements of this section do not apply to
					 a hazardous waste boiler or industrial furnace unit when the owner or operator of
					 the hazardous waste boiler or industrial furnace unit demonstrates compliance
					 with the air emission standards and limitations in   40 CFR part 63, subpart EEE,
					 as incorporated by reference and implemented by section
					 200.10(a) and
					 (d)  of this Title, (
i.e.,
by
					 conducting a comprehensive performance test and submitting a Notification of
					 Compliance under
					 40 CFR
					 63.1207 [j] and 63.1210[d] of subpart EEE,
					 documenting compliance with all applicable 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) Part 373 permit conditions that were based
					 on the standards of this Subpart will continue to be in effect until they are
					 removed from the permit or the permit is terminated or revoked, unless the permit
					 expressly provides otherwise.
(iii)
					 the following requirements remain in effect for startup, shutdown, and
					 malfunction events if the owner or operator elects to comply with section
					 373-1.12(a)(1)(i)  of this Title to minimize emissions of toxic compounds from
					 these events:
(a) subparagraph (c)(5)(i) of
					 this section requiring that a boiler or industrial furnace operate in accordance
					 with operating requirements specified in the permit; and
(b) clause (c)(5)(ii)(
c
) of
					 this section requiring compliance with the emission standards and operating
					 requirements during startup and shutdown if hazardous waste is in the combustion
					 chamber, except for particular hazardous wastes.
(iv) The following standards continue to apply:
(a) the closure requirements of subparagraph
					 (c)(5)(xi) of this section and paragraph (d)(12) of this section;
(b) the standards for direct transfer of
					 subdivision (l) of this section;
(c)
					 the standards for regulation of residues of subdivision (m) of this section;
					 and
(d) the applicable requirements
					 of sections
					 373-2.1 through
					 373-2.8,
					 373-2.28,
					 373-2.29,
					 373-3.1 through
					 373-3.8,
					 373-3.28
					 and
					 373-3.29 
					 of this Title.
(v) If the
					 owner or operator of a boiler or hydrochloric acid production furnace that is an
					 area source under
					 40 CFR
					 63.2, as incorporated by reference and
					 implemented by section
					 200.10
					 of this Title, and elects not to comply with the emission standards under
					 40
					 CFR 63.1216,
					 63.1217,
					 and
					 63.1218
					 as incorporated by reference and implemented by section
					 200.10
					 of this Title, for particulate matter, semivolatile and low volatile metals, and
					 total chlorine, they also remain subject to:
(a) subdivision (f) of this section - standards
					 to control particulate matter;
(b)
					 subdivision (g) of this section - standards to control metals emissions, except
					 for mercury; and
(c) subdivision (h)
					 of this section - standards to control hydrogen chloride and chlorine
					 gas.
(vi) The particulate
					 matter standard of subdivision (f) of this section remains in effect for boilers
					 that elect to comply with the alternative to the particulate matter standard
					 under
					 40
					 CFR sections 63.1216(e) and
					 63.1217(e),
					 as incorporated by reference and implemented by section
					 200.10
					 of this Title.
(3) The
					 following hazardous wastes and facilities are not subject to regulation under
					 this section:
(i) used oil burned for energy
					 recovery that is also a hazardous waste solely because it exhibits a
					 characteristic of hazardous waste identified in section
					 371.3 
					 of this Title. Such used oil is subject to regulation under Subpart 374-2 of this
					 Title;
(ii) gas recovered from
					 hazardous or solid waste landfills when such gas is burned for energy
					 recovery;
(iii) hazardous wastes that
					 are exempt from regulation under section
					 371.1(e) and
					 (g)(1)(iii)  (
c
) and
					 (
d
) of this Title, and hazardous wastes that are subject to the
					 special requirements for conditionally exempt small quantity generators under
					 section
					 371.1(f) 
					 of this Title; and
(iv) coke ovens,
					 if the only hazardous waste burned is EPA hazardous waste no. K087, decanter tank
					 tar sludge from coking operations.
(4) Owners and operators of smelting, melting,
					 and refining furnaces (including pyrometallurgical devices such as cupolas,
					 sintering machines, roasters, and foundry furnaces, but not including cement
					 kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that
					 process hazardous waste solely for metal recovery are conditionally exempt from
					 regulation under this section, except for subdivisions (b) and (m) of this
					 section.
(i) To be exempt from subdivisions (c)
					 through (l) of this section, an owner or operator of a metal recovery furnace or
					 mercury recovery furnace must comply with the following requirements, except that
					 an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal
					 recovery furnace that burns baghouse bags used to capture metallic dusts emitted
					 by steel manufacturing, must comply with the requirements of subparagraph (iii)
					 of this paragraph. In addition to these requirements, owners or operators of lead
					 recovery furnaces that are subject to regulation under the Secondary Lead
					 Smelting NESHAP must comply with the requirements of paragraph (8) of this
					 subdivision.
(a) Provide a one-time written
					 notice to the commissioner indicating the following:
(1) the owner or operator claims exemption
					 under this paragraph;
(2) the
					 hazardous waste is burned solely for metal recovery consistent with the
					 provisions of subparagraph (ii) of this paragraph;
(3) the hazardous waste contains recoverable
					 levels of metals; and
(4) the owner
					 or operator will comply with the sampling and analysis and recordkeeping
					 requirements of this subparagraph;
(b) sample and analyze the hazardous waste and
					 other feedstocks as necessary to comply with the requirements of this paragraph
					 by using appropriate analytical methods that are ELAP certified analytical
					 methods. If ELAP certified methods are not available, analysis should be
					 performed using EPA standard methods. If neither of those are available, the
					 department will evaluate and approve proposals to use other methods to ensure
					 that resulting data will meet data quality objectives; and
(c) maintain at the facility for at least three
					 years records to document compliance with the provisions of this paragraph
					 including limits on levels of toxic organic constituents and Btu value of the
					 waste, and levels of recoverable metals in the hazardous waste compared to normal
					 nonhazardous waste feedstocks.
(ii) A hazardous waste meeting either of the
					 following criteria is not processed solely for metal recovery:
(a) the hazardous waste has a total
					 concentration of organic compounds listed in Appendix 23 of this Title (see Part
					 371) exceeding 500 ppm by weight, as-fired, and so is considered to be burned for
					 destruction. The concentration of organic compounds in a waste as-generated may
					 be reduced to the 500 ppm limit by bona fide treatment that removes or destroys
					 organic constituents. Blending for dilution to meet the 500 ppm limit is
					 prohibited. Documentation that the waste has not been impermissibly diluted must
					 be retained in the records required by clause (i)(
c
) of this
					 paragraph; or
(b) the hazardous waste
					 has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be
					 burned as fuel. The heating value of a waste as-generated may be reduced to below
					 the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic
					 constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited.
					 Documentation that the waste has not been impermissibly diluted must be retained
					 in the records required by clause (i)(
c
) of this
					 paragraph.
(iii) To be
					 exempt from subdivisions (c) through (l), an owner or operator of a lead or
					 nickel-chromium or mercury recovery furnace (except for owners or operators of
					 lead recovery furnaces subject to regulation under the Secondary Lead Smelting
					 NESHAP) or a metal recovery furnace that burns baghouse bags used to capture
					 metallic dusts emitted by steel manufacturing, must provide a one-time written
					 notice to the commissioner identifying each hazardous waste burned and specifying
					 whether the owner or operator claims an exemption for each waste under this
					 subparagraph or subparagraph (i) of this paragraph. The owner or operator must
					 comply with the requirements of subparagraph (i) of this paragraph for those
					 wastes claimed to be exempt under that subparagraph and must comply with the
					 requirements below for those wastes claimed to be exempt under this subparagraph.
(a) the hazardous wastes listed in Appendices
					 51, 52 and 53 of this Title and baghouse bags used to capture metallic dusts
					 emitted by steel manufacturing are exempt from the requirements of subparagraph
					 (i) of this paragraph, provided that:
(1) a
					 waste listed in Appendix 51 of this Title must contain recoverable levels of
					 lead. A waste listed in Appendix 52 of this Title must contain recoverable levels
					 of nickel or chromium, a waste listed in Appendix 53 of this Title must contain
					 recoverable levels of mercury and contain less than 500 parts per million of
					 Appendix 23 organic constituents, and baghouse bags used to capture metallic
					 dusts emitted by steel manufacturing must contain recoverable levels of metal;
					 and
(2) the waste does not exhibit
					 the toxicity characteristic of section
					 371.3(e) 
					 of this Title for an organic constituent; and
(3) the waste is not a hazardous waste listed
					 in section
					 371.4  of
					 this Title because it is listed for an organic constituent, as identified in
					 Appendix 22 of this Title (see Part 371 of this Title); and
(4) the owner or operator certifies in the
					 one-time notice that hazardous waste is burned under the provisions of this
					 subparagraph and that sampling and analysis will be conducted or other
					 information will be obtained as necessary to ensure continued compliance with
					 these requirements. Sampling and analysis shall be conducted according to clause
					 (i)(
b
) of this paragraph. Records to document compliance with
					 this subparagraph shall be kept for at least three years;
(b) the commissioner may decide, on a
					 case-by-case basis, that the toxic organic constituents in a material listed in
					 Appendix 51, 52 or 53 of this Title that contains a total concentration of more
					 than 500 ppm toxic organic compounds, listed in Appendix 23 of this Title (see
					 Part 371 of this Title), may pose a hazard to human health and the environment
					 when burned in a metal recovery furnace exempt from the requirements of this
					 section. In that situation, after adequate notice and opportunity for comment,
					 the metal recovery furnace will become subject to the requirements of this
					 section when burning that material. In making the hazard determination, the
					 commissioner will consider the following factors:
(1) the concentration and toxicity of organic
					 constituents in the material; and
(2)
					 the level of destruction of toxic organic constituents provided by the furnace;
					 and
(3) whether the acceptable
					 ambient levels established in Appendix 44 or 45 of this Title may be exceeded for
					 any toxic organic compound that may be emitted, based on dispersion modeling to
					 predict the maximum annual average off-site ground level concentration.
(5) The standards for direct transfer
					 operations under subdivision (l) of this section, apply only to facilities
					 subject to the permit standards of subdivision (c) of this section, or the
					 interim status standards of subdivision (d) of this section.
(6) The management standards for residues under
					 subdivision (m) of this section apply to any boiler or industrial furnace burning
					 hazardous waste.
(7) Owners and
					 operators of smelting, melting, and refining furnaces (including
					 pyrometallurgical devices such as cupolas, sintering machines, roasters, and
					 foundry furnaces) that process hazardous waste for recovery of economically
					 significant amounts of the precious metals gold, silver, platinum, palladium,
					 iridium, osmium, rhodium, or ruthenium, or any combination of these, are
					 conditionally exempt from regulation under this section, except for subdivision
					 (m) of this section. To be exempt from subdivisions (b) through (l) of this
					 section, an owner or operator must:
(i) provide
					 a one-time written notice to the commissioner indicating the following:
(a) the owner or operator claims exemption
					 under this paragraph;
(b) the
					 hazardous waste is burned for legitimate recovery of precious metal;
					 and
(c) the owner or operator will
					 comply with the sampling and analysis and recordkeeping requirements of this
					 paragraph; and
(ii) sample
					 and analyze the hazardous waste as necessary to document that the waste contains
					 economically significant amounts of the metals and that the treatment recovers
					 economically significant amounts of precious metal; and
(iii) maintain at the facility for at least
					 three years records to document that all hazardous wastes burned are burned for
					 recovery of economically significant amounts of precious metal.
(8) Owners or operators of lead
					 recovery furnaces that process hazardous waste for recovery of lead and that are
					 subject to regulation under the Secondary Lead Smelting NESHAP, are conditionally
					 exempt from regulation under this section, except for subdivision (b) of this
					 section. To be conditionally exempt, an owner or operator must provide a one-time
					 notice to the department identifying each hazardous waste burned and specifying
					 that the owner or operator claims an exemption under this paragraph. The notice
					 also must state that the waste burned has a total concentration of non-metal
					 compounds listed in Appendix 23 of Part 371 of this Title of less than 500 ppm by
					 weight, as fired and as provided in clause (4)(ii)(
a
) of this
					 subdivision, or is listed in Appendix 51 of this Title.