N.Y. Environmental Conservation Law § 19-0306: Municipal solid and regulated medical waste incineration facilities

§ 19-0306. Municipal solid and regulated medical waste incineration

facilities.

1. Definitions. When used in this section:

a. "Municipal solid waste incineration facility" means a facility that

is owned, operated, or utilized by, or under contract with, a

municipality or political subdivision and which utilizes high

temperature thermal destruction technologies, including combustion for

the recovery of thermal value or for the disposal of municipal solid

waste.

b. "Solid waste" means any materials or substances discarded or

rejected as being spent, useless, worthless, or in excess to the owner

at the time of such discharge or rejection, except sewage and other

highly diluted water carried materials or substances and those in

gaseous form.

c. "Regulated medical waste incineration facility" means an

incinerator which is operated or utilized for the disposal or treatment

of regulated medical waste, as defined in title 15 of article 27 of this

chapter and which may utilize high temperature thermal destruction

technologies, including combustion for the recovery of thermal value.

2. Within thirty days of the effective date of this section and

pursuant to the state administrative procedure act, the commissioner

shall, in consultation with the commissioner of health, propose final

draft operating requirements for emissions of air contaminants from

municipal solid waste incineration facilities. Such operating

requirements shall be effective and shall apply to municipal solid waste

incineration facilities for which a permit to construct has been issued

and final engineering drawings have been accepted by the commissioner

after one hundred twenty days after such operating requirements have

been formally promulgated. Such operating requirements shall govern the

operation and management of such facilities with respect to air

contamination, and shall include but not be limited to provisions for:

a. Maintenance of a minimum incineration temperature and the means and

location at which such temperature shall be measured;

b. Residence or exposure time for incineration;

c. Appropriate levels of control for acid gas, sulfur dioxide, oxides

of nitrogen, and hydrochloric acid with regard to the following:

(i) the level of protection provided the public health and

environment;

(ii) the likely or potential reductions of acid gas emissions from a

separate, nearby source of such emissions as a result of a proposed

facility becoming operational;

(iii) the likely economic impact of such controls due to associated

capital and operating costs, and in relation to alternative solid waste

management options, including landfilling; and

(iv) the appropriateness of reduced or modified levels of such

controls for smaller facilities;

d. Combustion efficiency;

e. Monitoring of emissions for toxic air contaminants, or surrogates

thereof where appropriate, to determine compliance with permit emission

limits twice within the first eighteen months of operation and once each

within the next two eighteen month intervals and subsequently at the

discretion of the commissioner, and following any detection of permit

violations in a manner to be determined by the commissioner;

f. Continuous monitoring for oxygen, carbon monoxide, carbon dioxide,

opacity and temperature;

g. Sampling and testing of the combined ash and dust residue at least

annually to determine appropriate disposition or disposal based on

relative toxicity; provided, however, that separate testing of ash and

dust shall be required if they are not mixed prior to disposal.

3. The department shall undertake further investigation of appropriate

cooling methods for achieving the condensation and collection of air

contaminants and of the necessity for, and appropriate means of,

regulating fine particulates. Upon such investigation, the commissioner

shall issue a report on his findings and may promulgate appropriate

regulations.

4. The department shall, in promulgating any new or revised rule or

regulation, accompany such rule making with an environmental impact

statement or a written assessment stating the extent to or means by

which such rule or regulation will prevent, control or prohibit air

pollution.

5. Operating requirements established pursuant to this section for

municipal incineration facilities shall be embodied in rules and

regulations of the department promulgated in accordance with the state

administrative procedure act.

6. On or before the effective date of this subdivision, the

commissioner shall, in consultation with the commissioner of health,

promulgate proposed operating requirements for the emission of air

contaminants from regulated medical waste incineration facilities. Such

operating requirements shall, where appropriate, be consistent with the

provisions of this section provided, however, that the commissioner

shall require such facilities to employ the best available control

technologies. Such operating requirements shall be effective and shall

apply to all regulated medical waste incineration facilities, for which

an operating permit has been issued, ninety days after such operating

requirements have been formally promulgated pursuant to the state

administrative procedure act provided, however, that where regulated

medical waste incineration facilities are owned by health care

facilities licensed pursuant to article twenty-eight of the public

health law and in operation by permit of the department on or before

September first, nineteen hundred eighty-seven, then such standards

shall become effective as to such facilities on January first, nineteen

hundred ninety-two.

7. Each person who operates a facility for the incineration of

regulated medical waste shall report to the commissioner on the volume

and sources of regulated medical waste that it incinerated on-site

during the six months next following the effective date of this

subdivision. Such report shall be the same as or similar to the report

required to be filed with the administrator. The commissioner is

authorized to require reports pursuant to this subdivision at least

annually thereafter.