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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.15 - Incinerators

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 in this section apply to owners and operators of hazardous waste incinerators (as
					 defined in section
					 370.2[b] 
					 of this Title), except as section
					 373-3.1(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 set forth in
					 subparagraphs (ii) through (iii) of this paragraph, the requirements of this
					 Subpart do not apply to a hazardous waste incineration unit when the owner or
					 operator 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) the MACT standards do not replace the
					 requirements of subdivision (e) of this section and the applicable requirements
					 of sections
					 373-3.1""373-3.8,
					 373-3.28""373-3.29 of this Subpart.
(iii) the requirements of section 373-3.15(c) 
					 of this Subpart generally prohibiting burning of hazardous waste during startup
					 and shutdown remain in effect if the owner or operator elects to comply with
					 section 373-1.12(a)(2)(i)  (
a
) of this Part to minimize emissions
					 of toxic compounds from startup and shutdown.
(4) Owners and operators of incinerators
					 burning hazardous waste are exempt from all of the requirements of this section,
					 except subdivision (e) (Closure), provided that the owner or operator has
					 documented, in writing, that the waste would not reasonably be expected to
					 contain any of the hazardous constituents listed in Appendix 23 of this Title,
					 and such documentation is retained at the facility, if the waste to be burned is:
(i) 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
(ii) 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
(iii) a hazardous waste solely because it
					 possesses the characteristics of ignitability, corrosivity, or both, as
					 determined by the tests for characteristics of hazardous wastes under section
					 371.3 
					 of this Title; or
(iv) a hazardous
					 waste solely because it possesses any of the reactivity characteristics described
					 by section
					 371.3(d)(1)(i)-(iii),
					 (vi)-(viii)  of this Title, and will not be
					 burned when other hazardous wastes are present in the combustion zone.