New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-2 - Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities › Section 373-2.15 - Incinerators

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 of this section apply to owners and operators of hazardous waste incinerators (as
					 defined in section
					 370.2[b] 
					 of this Title), except as section
					 373-2.1(a) 
					 of this Subpart provides otherwise.
(2) 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.
(3) Integration of the MACT
					 standards.
(i) Except as provided by
					 subparagraphs (ii) through (v) of this paragraph, the standards of this Subpart:
(a) do not apply to a new hazardous waste
					 incineration unit that becomes subject to Part 373 permit requirements after
					 October 12, 2005; or
(b) no longer
					 apply when an owner or operator of an existing hazardous waste incineration unit
					 demonstrates compliance with the maximum achievable control technology (MACT)
					 requirements of   40 CFR part 63, subpart EEE, as incorporated by reference and
					 implemented by section
					 200.10(a) and
					 (d)  of this Title, by conducting a
					 comprehensive performance test and submitting to the department a Notification of
					 Compliance under
					 40 CFR sections
					 63.1207(j) and
					 63.1210(d)
					 of subpart EEE documenting compliance with the 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 MACT standards do not replace the closure requirements of subdivision (h) of
					 this section or the applicable requirements of sections
					 373-2.1""373-2.8, 373-2.28
					 and 373-2.29 of this Subpart.
(iv)
					 The particulate matter standard of paragraph (d)(3) of this section remains in
					 effect for incinerators that elect to comply with the alternative to the
					 particulate matter standard under
					 40
					 CFR section 63.1206(b)(14) and
					 63.1219(e)
					 of subpart EEE, as incorporated by reference in and implemented by section
					 200.10(a) and
					 (d) of this Title.
(v) 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 Part to minimize emissions of toxic
					 compounds from these events:
(a) paragraph
					 (f)(1) of this section requiring that an incinerator operate in accordance with
					 operating requirements specified in the permit; and
(b) paragraph (f)(3) 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.
(4) After consideration of the waste analysis
					 included with the permit application, the commissioner, in establishing the
					 permit conditions, must exempt the applicant from all requirements of this
					 section except subdivisions (b) (waste analysis) and (h) (closure):
(i) if the commissioner finds that the waste to
					 be burned is:
(a) listed as a hazardous waste
					 in section
					 371.4  of
					 this Title, solely because it is ignitable (Hazard Code I), corrosive (Hazard
					 Code C), or both; or
(b) listed as a
					 hazardous waste in section
					 371.4  of
					 this Title, solely because it is reactive (Hazard Code R) for characteristics
					 other than those listed in section
					 371.3(d)(1)(iv)
					 and (v)  of this Title, and will not be burned
					 when other hazardous wastes are present in the combustion zone; or
(c) a hazardous waste solely because it
					 possesses the characteristic of ignitability, corrosivity, or both, as determined
					 by the test for characteristics of hazardous wastes under section
					 371.3 
					 of this Title; or
(d) a hazardous
					 waste solely because it possesses any of the reactivity characteristics described
					 by section
					 371.3(d)(1)(i),
					 (ii), (iii), (vi), (vii) and (viii)  of this
					 Title, and will not be burned when other hazardous wastes are present in the
					 combustion zone; and
(ii)
					 if the waste analysis shows that the waste contains none of the hazardous
					 constituents listed in Appendix 23 (see Part 371) of this Title, which would
					 reasonably be expected to be in the waste.
(5) If the waste to be burned is one which is
					 described by clause (3)(i)(
a
), (
b
),
					 (
c
) or (
d
) of this subdivision and contains
					 insignificant concentrations of the hazardous constituents listed in Appendix 23
					 of this Title, then the commissioner may, in establishing permit conditions,
					 exempt the applicant from all requirements of this section, except subdivisions
					 (b) (waste analysis) and (h) (closure), after consideration of the waste analysis
					 included with the permit application, unless the commissioner finds that the
					 waste will pose a threat to human health and the environment when burned in an
					 incinerator.
(6) The owner or
					 operator of an incinerator may conduct trial burns, subject only to the
					 requirements of section
					 373-1.9(a) 
					 of this Part.