N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-1.9 - Special forms of permits

(a)Hazardous waste incinerator permits.

Except as set forth in paragraph (5) of this subdivision, the standards of this subpart do not apply to a hazardous waste incineration unit that becomes subject to this Part permit requirements after October 12, 2005, or no longer apply to a hazardous waste incineration unit when the owner or operator of the hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207 [j] and 63.1210[d] of subpart EEE, documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE as incorporated by reference and implemented by section 200.10[a] and [d] of this Title).

(1) For the purposes of determining operational readiness following completion of physical construction, the commissioner must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 373-1.7(c) of this Subpart (minor modifications of permit).

(i) Applicants must submit a statement with the permit application which suggests the conditions necessary to operate in compliance with the performance standards of section 373-2.15(d) of this part during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in section 373-2.15(f).

(ii) The commissioner will review this statement and any other relevant information submitted with the permit application, and specify requirements for this period sufficient to meet the performance standards of section 373-2.15(d).

(2) For the purposes of determining feasibility of compliance with the performance standards of section 373-2.15(d) of this Part and of determining adequate operating conditions under subdivision (f) of such section, the commissioner must establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.

(i) Applicants must propose a trial burn plan, prepared under subparagraph (ii) of this paragraph, with the permit application.

(ii) The trial burn plan must include the following information:

(a) an analysis of each waste or mixture of wastes to be burned, that includes:

(1) heat value of the waste in the form and composition it will be burned;

(2) viscosity (if applicable), or description of the physical form of the waste;

(3) an identification of any hazardous organic constituents listed in Appendix 23 of this Title that are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Appendix 23 which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified, and the basis for the exclusion stated. The waste analysis must rely on appropriate analytical techniques that are ELAP-certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives; and

(4) an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods that are ELAP-certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives.

(b) a detailed engineering description of the incinerator for which the permit is sought, including:

(1) manufacturer's name and model number of the incinerator (if available);

(2) type of incinerator;

(3) linear dimensions of the incinerator unit, including the cross-sectional area of the combustion chamber;

(4) description of the auxiliary fuel system (type/feed);

(5) capacity of prime mover;

(6) description of automatic waste feed cutoff system;

(7) stack gas monitoring and pollution control equipment;

(8) nozzle and burner design;

(9) construction materials;

(10) location and description of temperature, pressure and flow indicating and control devices; and

(11) flow sheets;

(c) a detailed description of sampling and monitoring procedures, including sampling and monitoring location in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;

(d) a detailed test schedule for each waste for which the trial is planned, including date(s), duration, quantity of waste to be burned, and other factors relevant to the commissioner's decision under subparagraph (v) of this paragraph;

(e) a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;

(f) a description of, and planned operating conditions for, any emission control equipment which will be used;

(g) procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction; and

(h) other information the commissioner finds necessary to determine to approve the trial burn plan in light of the purposes of this paragraph and the criteria in subparagraph (v) of this paragraph.

(iii) The commissioner, in reviewing the trial burn plan, will evaluate the sufficiency of the information provided, and may require that the applicant supplement this information, if necessary, to achieve the purposes of this paragraph.

(iv) Based on the waste analysis data in the trial burn plan, the commissioner will specify as trial principle organic hazardous constituents (POHC's), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHC's will be specified by the commissioner based on his or her estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and for wastes listed in section 371.4 of this Title, the hazardous waste organic constituent(s) identified in Appendix 22, infra, as the basis for listing.

(v) The commissioner shall approve a trial burn plan if the commissioner finds that:

(a) the trial burn is likely to determine whether the incinerator performance standards required by section 373-2.15(d) of this Part can be met;

(b) the trial burn itself will not present an imminent hazard to human health or the environment;

(c) the trial burn will help the commissioner to determine operating requirements to be specified under section 373-2.15(f) of this Part; and

(d) the information sought in clauses (a) and (b) of this subparagraph cannot reasonably be developed through other means.

(vi) The commissioner must send a notice to all persons on the facility mailing list as set forth in section 621.7 of this Title and to the appropriate units of local government as set forth in section 621.7 of this Title announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the commissioner has issued such notice.

(a) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.

(b) This notice must contain:

(1) the name and telephone number of the applicant's contact person;

(2) the name and telephone number of the permitting agency's contact office;

(3) the location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

(4) an expected time period for commencement and completion of the trial burn.

(vii) During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(a) a quantitative analysis of the trial POHC's in the waste feed to the incinerator;

(b) a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHC's, oxygen and hydrogen chloride (HCl);

(c) a quantitative analysis of the scrubber water (if any), ash residues and other residues, for the purpose of estimating the fate of the trial POHC's;

(d) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 373-2.15(d)(1) of this Part;

(e) if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with section 373-2.15(d)(2);

(f) a computation of particulate emissions, in accordance with section 373-2.15(d)(3);

(g) an identification of sources of fugitive emissions and their means of control;

(h) a measurement of average, maximum and minimum temperatures and combustion gas velocity;

(i) a continuous measurement of carbon monoxide (CO) in the exhaust gas; and

(j) other information as the commissioner may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in section 373-2.15(d) and to establish the operating conditions required by section 373-2.15(f) as necessary to meet that performance standard.

(viii) The applicant must submit a certification to the commissioner that the trial burn has been conducted in accordance with the approved trial burn plan, and must submit the results of all the determinations required in subparagraph (vi) of this paragraph. This submission must be made within 90 days of completion of the trial burn, or later if approved by the commissioner.

(ix) All data collected during any trial burn must be submitted to the commissioner following the completion of the trial burn.

(x) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 373-1.4(a)(5) of this Subpart.

(xi) Based on the results of the trial burn, the commissioner shall set the operating requirements in the final permit according to section 373-2.15(f) of this Part. The permit modification shall proceed as a minor modification according to section 373-1.7(c) of this Subpart.

(3) For the purposes of allowing operation of a new hazardous waste incinerator, following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the commissioner may establish permit conditions, including, but not limited to, allowable waste feeds and operating conditions sufficient to meet the requirements of section 373-2.15(f) of this Part, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, date computation and submission of the trial burn results by the applicant, and modification of the facility permit by the commissioner.

(i) Applicants must submit a statement with the permit application, identifying the conditions necessary to operate in compliance with the performance standards of section 373-2.15(d) of this Part, during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters in section 373-2.15(f).

(ii) The commissioner will review this statement and any other relevant information submitted with the permit application, and specify those requirements for this period most likely to meet the performance standards of section 373-2.15(d) of this Part.

(4) For the purposes of determining feasibility of compliance with the performance standards of section 373-2.15(d) of this Part, and of determining adequate operating conditions under section 373-2.15(f) of this Part, the applicant for a permit for an existing hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance with section 373-1.5(f)(2) of this Subpart and subparagraphs (2)(ii) through (v) and (vii) through (x) of this subdivision or, instead, submit other information as specified in section 373-1.5(f)(3) of this Subpart. The commissioner must announce an intention to approve the trial burn plan in accordance with the timing and distribution requirements of subparagraph (2)(vi) of this subdivision. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under section 373-1.5(f)(1) of this Subpart are exempt from compliance with section 373-2.15(d) and (f) of this Part and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and submit the results, specified in subparagraph (2)(vii) of this subdivision, with the permit application. If the completion of this process conflicts with the date set for submission of the permit application, the applicant must contact the commissioner to establish a later date for submission of the application or the trial burn results. Trial burn results must be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with the permit application, the commissioner will specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted.

(5)

(i) The department may request additional information related to the hazardous waste incineration unit in accordance with section 373-1.4(h) and (i) of this Subpart, and impose permit conditions as necessary to protect human health and the environment in accordance with section 373-1.6(c)(2) of this Subpart.

(ii) If the owner or operator of the hazardous waste incineration unit elects to comply with section 373-1.12(a)(1)(i) (a) of this Subpart to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, then the owner or operator must comply with those provisions that the department determines are necessary to ensure compliance with section 373-2.15(f)(1) and (3) of this Part.

(b)Permits for land treatment demonstrations using field test or laboratory analyses.

(1) To allow an owner or operator to meet the treatment demonstration requirements of section 373-2.13(c) of this Part, the commissioner may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in section 373-2.13(c)(3). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction, operation and maintenance of the land treatment unit.

(i) The commissioner may issue a two-phase facility permit if the commissioner finds that, based on information submitted in the application although incomplete or inconclusive, substantial information already exists upon which to base the issuance of a facility permit.

(ii) If the commissioner finds that not enough information exists upon which the commissioner can establish permit conditions to attempt to provide for compliance with all of the requirements of section 373-2.13 of this Part, a treatment demonstration permit must be issued covering only the field test or laboratory analyses.

(2) If the commissioner finds that a phased permit may be issued, the first phase of the facility permit must contain conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration cleanup activities, and any other conditions the commissioner finds necessary under section 373-2.13(c)(3) of this Part. The commissioner will include conditions in the second phase of the facility permit in an attempt to meet all section 373-2.13 requirements pertaining to unit design, construction, operation and maintenance. The commissioner will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the permit application.

(3) When the owner or operator of a facility with a two-phase permit has completed the treatment demonstration, the owner or operator must submit to the commissioner a certification, signed by a person authorized to sign a permit application or report under section 373-1.4(a)(5) of this Subpart, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in the permit for conducting such tests or analyses. The owner or operator must also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses, unless the commissioner approves a later date.

(4) If the commissioner determines that the results of the field tests or laboratory analyses meet the requirements of section 373-2.13(c) of this Part, the second phase of the permit will be modified to incorporate any requirements necessary for operation of the facility in compliance with section 373-2.13, based upon the results of the field tests or laboratory analyses.

(i) This permit modification may proceed as a minor modification under section 373-1.7(c) of this Subpart, provided any such change is minor, or otherwise must proceed as a modification under section 373-1.7.

(ii) If no modifications of the second phase of the permit are necessary, or if only minor modifications are necessary and have been made, the commissioner will give notice of his or her final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision of the second phase of the permit.

(iii) If modifications under section 373-1.7(b) of this Subpart are necessary, the second phase of the permit shall become effective only after those modifications have been made.

(c)Research, development, and demonstration permits.

(1) The commissioner may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under Part 373 or Part 374. This permit must include terms and conditions to assure protection of human health and the environment. The permits:

(i) must provide for the construction of facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in paragraph (4) of this subdivision;

(ii) must provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the commissioner deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and

(iii) must include such requirements as the commissioner deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action), and such requirements as the commissioner deems necessary regarding testing and providing of information to the commissioner with respect to the operation of the facility.

(2) For the purpose of expediting review and issuance of permits under this section, the commissioner may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in this Subpart and Parts 621 and 624 of this Title except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation.

(3) The commissioner may order an immediate termination of all operations at the facility at any time the commissioner determines that termination is necessary to protect human health and the environment, provided that nothing in this Part shall preclude or affect the commissioner's authority to issue summary abatement orders under section 71-0301 of the Environmental Conservation Law, or to take emergency actions summarily suspending a permit under subdivision 3 of section 401 of the State Administrative Procedure Act.

(4) Permits issued under this subdivision may be renewed not more than three times. Each renewal period will not exceed one year.

(d)Permits for boilers and industrial furnaces burning hazardous waste.

Except as set forth in paragraph (8) of this subdivision, the standards of this Subpart do not apply to a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that becomes subject to this Part permit requirements after October 12, 2005, or no longer apply to a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace when the owner or operator of the cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207 [j] and 63.1210[d] of subpart EEE, documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE as incorporated by reference and implemented by section 200.10[a] and [d] of this Title).

(1) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of section 374-1.8[d] of this Title) are subject to paragraphs (2) through (6) of this subdivision. Boilers and industrial furnaces operating under the interim status standards of section 374-1.8(d) of this Title are subject to paragraph (7) of this subdivision.

(2) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

(i) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the commissioner must establish permit conditions for the pretrial burn period, including but not limited to, allowable hazardous waste feed rates and operating conditions. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 373-1.7 of this Subpart.

(a) Applicants must submit a statement, with the Part 373 permit application, that proposes conditions necessary to operate in compliance with the standards of section 374-1.8(e) through (h) of this Title during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in section 374-1.8(c)(5) of this Subpart.

(b) The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet the performance standards of section 374-1.8(e) through(h) of this Title based on his/her engineering judgment.

(ii) Trial burn period. For the duration of the trial burn, the commissioner must establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of section 374-1.8(e) through (h) of this Title, and determining adequate operating conditions under section 374-1.8(e) through (h) of this Title, and determining adequate operating conditions under section 374-1.8(c)(5) of this Title. Applicants must propose a trial burn plan, prepared under paragraph (3) of this subdivision, to be submitted with the Part 373 permit application.

(iii) Post-trial burn period.

(a) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the commissioner to reflect the trail burn results, the commissioner will establish the operating requirements most likely to ensure compliance with the performance standards of section 374-1.8(e) through (h) of this Subpart based on his/her engineering judgment.

(b) Applicants must submit a statement, with the Part 373 application, that identifies the conditions necessary to operate during this period in compliance with the performance standards of section 374-1.8(e) through (h) of this Subpart. This statement should include, at a minimum, restrictions on the operating requirements provided by section 374-1.8(c)(5) of this Subpart.

(c) The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet the performance standards of section 374-1.8(e) through (h) of this Subpart based on his/her engineering judgement.

(iv) Final permit period. For the final period of operation, the commissioner will develop operating requirements in conformance with section 374-1.8(c)(5) of this Subpart that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of section 374-1.8(e) through (h) of this Subpart. Based on the trial burn results, the commissioner shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to section 373-1.7 of this Subpart.

(3) Requirements for trial burn plans. The trial burn plan must include the following information. The commissioner, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided, and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:

(i) an analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:

(a) heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;

(b) viscosity or description of the physical form of the feed stream;

(ii) an analysis of each hazardous waste, as fired, including:

(a) an identification of any hazardous organic constituents listed in Appendix 23 of this Title, that are present in the feed stream, except that the applicant need not analyze for constituents listed in Appendix 23 that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with appropriate analytical techniques that are ELAP-certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives;

(b) an approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by appropriate analytical methods that are ELAP-certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives;

(c) a description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios;

(iii) a detailed engineering description of the boiler or industrial furnace, including:

(a) manufacturer's name and model number of the boiler or industrial furnace;

(b) type of boiler or industrial furnace;

(c) maximum design capacity in appropriate units;

(d) description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;

(e) capacity of hazardous waste feed system;

(f) description of automatic hazardous waste feed cutoff system(s);

(g) description of any air pollution control system; and

(h) description of stack gas monitoring and any pollution control monitoring systems;

(iv) a detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;

(v) a detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the commissioner's decision under subparagraph (2)(ii) of this subdivision;

(vi) a detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in section 374-1.8(e) through (h) of this Subpart;

(vii) a description of, and planned operating conditions for, any emission control equipment that will be used;

(viii) procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction;

(ix) such other information as the commissioner reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in subparagraph (2)(ii) of this subdivision.

(4) Trial burn procedures.

(i) A trial burn must be conducted to demonstrate conformance with the standards of section 374-1.8(e) through (h) of this Subpart under an approved trial burn plan.

(ii) The commissioner shall approve a trial burn plan if he/she finds that:

(a) the trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of section 374-1.8(e) through (h) of this Subpart;

(b) the trial burn itself will not present an imminent hazard to human health and the environment;

(c) the trial burn will help the commissioner to determine operating requirements to be specified under section 374-1.8(c)(5) of this Title; and

(d) the information sought in the trial burn cannot reasonably be developed through other means.

(iii) The commissioner must send a notice to all persons on the facility mailing list as set forth in section 621.7 of this Title and to the appropriate units of local government as set forth in section 621.7 of this Title announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the commissioner has issued such notice.

(a) This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.

(b) This notice must contain:

(1) the name and telephone number of applicant's contact person;

(2) the name and telephone number of the permitting agency contact office;

(3) the location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

(4) an expected time period for commencement and completion of the trial burn.

(iv) The applicant must submit to the commissioner a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and must submit the results of all the determinations required in paragraph (3) of this subdivision. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the commissioner.

(v) All data collected during any trial burn must be submitted to the commissioner following completion of the trial burn.

(vi) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 373-1.4(a)(5) of this Subpart.

(5) Special procedures for DRE trial burns. When a DRE trial burn is required under section 374-1.8(e)(1) of this Subpart, the commissioner will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial principal organic hazardous constituents (POHC's) those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHC's will be specified by the commissioner based on information including an estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in section 371.4 of this Title, the hazardous waste organic constituent(s) identified in Appendix 22, infra, as the basis for listing.

(6) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(i) a quantitative analysis of the levels of antimony, arsenic, barium, beryllium. cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);

(ii) when a DRE trial burn is required under section 374-1.8(e)(1) of this Title:

(a) a quantitative analysis of the trial POHC's in the hazardous waste feed;

(b) a quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHC's; and

(c) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 374-1.8(e)(1) of this Title;

(iii) when a trial burn for chlorinated dioxins and furans is required under section 374-1.8(e)(5) of this Subpart, a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa cogeners of chlorinated dibenzo- p-dioxins and furans, and a computation showing conformance with the emission standard;

(iv) when a trial burn for particulate matter, metals, or HCl/Cl2 is required under section 374-1.8(f), (g)(3), (4), (h)(2)(ii) or (h)(3) of this Subpart, a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (Hcl) and chlorine (Cl2), and computations showing conformance with the applicable emission performance standards;

(v) when a trial burn for DRE, metals, or HCl/Cl2 is required under section 374-1.8(e)(1), (g)(3) or (4), (h)(2)(ii) or (h)(3) of this Subpart, a quantitative analysis of the scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate of the trial POHC's, metals, and chlorine/chloride;

(vi) an identification of sources of fugitive emissions and their means of control;

(vii) a continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas; and

(viii) such other information as the commissioner may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in section 374-1.8(e) through (h) of this Title and to establish the operating conditions required by section 374-1.8(c)(5) of this Title as necessary to meet those performance standards.

(7) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of section 374-1.8(e) through (h) of this Title and of determining adequate operating conditions under section 374-1.8(d) of this Title, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of section 374-1.8(d) of this Title must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this subdivision or submit other information as specified in section 373-1.5(i)(1)(vi) of this Subpart. The commissioner must announce an intention to approve the trial burn plan in accordance with the timing and distribution requirements of subparagraph (4)(iii) of this subdivision. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the Part 373 permit application must complete the trial burn and submit the results specified in paragraph (6) of this subdivision with the Part 373 permit application. If completion of this process conflicts with the date set for submission of the Part 373 application, the applicant must contact the commissioner to establish a later date for submission of the Part 373 application or the trial burn results. If the applicant submits a trial burn plan with the Part 373 permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the commissioner.

(8) The requirements of this subdivision continue to apply as follows:

(i) The department may request additional information related to the cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace in accordance with section 373-1.4(h) and (i) of this Subart, and impose permit conditions as necessary to protect human health and the environment in accordance with section 373-1.6(c)(2) of this Subpart.

(ii) If the owner or operator elects to comply with section 373-1.12(a)(1)(i) (a) of this Subpart to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, then the owner or operator must comply with those provisions that the department determines are necessary to ensure compliance with section 374-1.8(c)(5)(i) and (ii) (c) of this Subpart.

(iii) If the boiler or industrial furnace is an area source and the owner or operator elects to comply with the section 374-1.8(f), (g) and (h) standards of this Subpart and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals.

(e)Remedial action plans (RAPs).

Remedial action plans (RAPs) are special forms of permits that are regulated under section 373-1.11 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.9

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020