N.Y. Environmental Conservation Law § 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.