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Subpart 219-3: Infectious Waste Incineration Facilities

(Statutory authority: Public Health Law, §§1271, 1276; Environmental Conservation Law, §§ 1-0101, 3-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 19-0319, 20-0109)

[Filed 12/1/88. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§219-3.1 Definitions

For the purpose of this Subpart, the definitions of Subpart 219-1 and Part 200 of this Title apply.

§219-3.2 Applicability and compliance dates

This Subpart applies to all new, modified and existing infectious waste incineration facilities whose total permitted charging rate is less than 50 tons per day. Except for municipal waste incineration facilities existing as of the effective date of this Subpart [30 days after December 1, 1988], these requirements shall be effective and shall apply to all infectious waste incineration facilities for which a certificate to operate has been issued 90 days after such operating requirements have been formally promulgated pursuant to the State Administrative Procedure Act; provided, however, that where infectious waste incineration facilities are owned by health care facilities licensed pursuant to article 28 of the Public Health Law and in operation by permit of the department on or before September 1, 1987, then such standards shall become effective as to such facilities on January 1, 1992. Any new or modified infectious waste incineration facility whose total permitted charging rate is 50 tons per day or more or which accepts offsite municipal solid waste from a non-generator of infectious waste must also meet the requirements of Subpart 219-2 of this Part.

Note: This Subpart alone does not require the incineration of any infectious waste. It only establishes the standards to be met if incineration is the chosen method of waste treatment. The requirement for incineration of infectious waste (as one treatment option) is found in PHL § 1389-dd (for treatment at hospitals, residential health care facilities and clinical laboratories), in ECL § 15-1507 (for other treatment facilities), in the solid waste regulations (Subpart 360-10 of this Title) and in Department of Health regulations (10 NYCRR Chapter V).

§219-3.3 Particulate emissions

No person may cause or allow emissions of particulates into the outdoor atmosphere from any incinerator subject to this Subpart in excess of:

(a) 0.030 grains per dry standard cubic foot of flue gas, corrected to seven percent oxygen for (1) any incinerator, existing as of the effective date of this Subpart, and which is used to burn infectious waste at the site of waste generation, and (2) any incinerator modification or replacement, occurring after the effective date of this Subpart, and which is used to burn infectious waste at the site of waste generation and whose hourly charging rate does not exceed the hourly charging rate of the original unit; and

(b) 0.015 grains per dry standard cubic foot of flue gas, corrected to seven percent oxygen for (1) any incinerator located at a facility not generating infectious waste, and (2) any incinerator for which an application for permit to construct is received after the effective date of this Subpart and which does not meet the conditions of paragraph (a)(2) of this section.

§219-3.4 Hydrogen chloride emissions

No person may cause or allow a running three-hour average emission of hydrogen chloride from any incinerator at a facility subject to this Subpart in excess of 10 percent by weight of the uncontrolled emissions (90 percent reduction) unless it is demonstrated that the stack concentration is less than 50 parts per million by volume, dry basis, corrected to seven percent oxygen; or the uncontrolled emission rate is less than four pounds per hour and the total charging rate is less than 500 pounds per hour.

§219-3.5 Design requirements

(a) Furnace design must provide for a residence time for combustion gas of at least one second at no less than 1,800°F. For a multichamber incinerator, these parameters must be met after the primary combustion chamber and the primary combustion chamber temperature must be maintained at no less than 1,400°F, or

(b) Furnace design must provide a residence time for combustion gas and a temperature which, in combination, are shown to be equivalent to subdivision (a) of this section.

(c) Auxiliary burners must be designed to provide combustion chamber temperatures as described in subdivision (a) of this section by means of automatic modulating controls.

(d) Mechanically fed incinerators must incorporate an air lock system to prevent opening the incinerator to the room environment. The volume of the loading system must be designed so as to prevent overcharging to assure complete combustion of the waste.

(e) The facility must be designed such that the flue gas temperature at the outlet of the final control device does not exceed 300°F unless a demonstration is made that an equivalent collection of condensible heavy metals and toxic organics can be achieved at a higher temperature or through the use of alternate technologies.

§219-3.6 Operating requirements

(a) No person may cause or allow emissions to the outdoor atmosphere having a six-minute average opacity of 10 percent or greater from any emission source subject to these requirements.

(b) No person may cause or allow emissions of carbon monoxide to the outdoor atmosphere having an hourly average concentration in the flue gas exceeding 150 parts per million by volume, dry basis, corrected to seven percent oxygen.

(c) No person may operate a facility subject to this Subpart unless the temperatures described in section 219-3.5 of this Subpart are maintained at all times that waste is being burned.

(d) The commissioner must be notified in writing at least 10 days prior to the commencement of operation of a new or modified incinerator subject to this Subpart.

§219.3.7 Other wastes

(a) The quantity of human and animal body parts that may be burned in an incinerator subject to this Subpart, will be limited by the certificate to operate a source of air contamination to the amount tested and found acceptable.

(b) Radioactive waste, may not be burned in an incinerator subject to this Subpart unless that incinerator is exempt from or has been issued a permit pursuant to Part 380 of this Title.

(c) Hazardous waste may not be burned in an incinerator subject to this Subpart unless that incinerator is exempt from or has been issued a permit pursuant to Part 373 of this Title.

§219.3.8 Continuous emission monitoring

(a) Any person who owns or operates a facility subject to this Subpart must install, operate and maintain in accordance with manufacturer's instructions, instruments meeting specifications acceptable to the commissioner for continuously monitoring and recording the following emission and operating parameters:

(1) primary combustion chamber exit temperature;

(2) secondary (or last) combustion chamber exit temperature;

(3) temperature leaving the final air pollution control device;

(4) carbon monoxide; and

(5) opacity. If an opacity monitor cannot be applied satisfactorily, alternate apparatus may be employed, with the approval of the commissioner, to demonstrate acceptable operation of the particulate removal device. Monitoring instruments for continuously measuring opacity will be subject to performance specification 1 set forth in title 40 CFR part 60, Appendix B (see section 200.9 of this Title).

§219.3.9 Stack testing

(a) Each facility subject to this Subpart must be tested while burning the normal waste to be incinerated in that facility, to demonstrate compliance with the standards in this Subpart. At a minimum, each incinerator must be tested at startup and annually thereafter for particulates, hydrogen chloride, oxygen and carbon monoxide emissions. Additional testing will be at the discretion of the commissioner.

(b) A test protocol, including the configuration of breeching, stack and test port locations and test methods must be submitted for the commissioner's approval at least 30 days prior to stack testing.

(c) Witnessing of all stack tests by the commissioner's representative is required. Results of any stack test done in the absence of an approved protocol, or which is not witnessed, will not be accepted.

(d) Three copies of the stack test report must be submitted by the permittee to the commissioner within 60 days after completion of the tests, in accordance with section 202.3 of this Title.

§219-3.10 Data and calculations

Each application for a permit to construct a source of air contamination for a facility subject to this Subpart must include:

(a) basic engineering data relative to the waste to be burned, incinerator design, combustion air, control devices and air cleaning devices; and

(b) an impact analysis using procedures acceptable to the commissioner.

§219-3.11 Operator training and certification

(a) No facility subject to this Subpart will be permitted to operate unless under the onsite direction of a person possessing an appropriate incinerator operator certification issued by the commissioner.

(b) No person may operate a facility subject to this Subpart unless certified by the holder of an incinerator operator certification, relative to:

(1) proper operation and maintenance of equipment at that facility; and

(2) knowledge of environmental permit conditions and the impact of plant operation on emissions from that facility.

§219-3.12 Inspection and reporting

Each owner or operator of a permitted facility subject to these requirements must annually inspect that facility and submit a report to the commissioner, certifying that the condition and operation of that facility, including the calibration of all instrumentation, meet manufacturer's specifications.

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