2010 New York Code
ENV - Environmental Conservation
Article 19 - AIR POLLUTION CONTROL
Title 3 - (19-0301 - 19-0325) POWERS AND DUTIES
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.