NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 219-2: Municipal and Private Solid 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 4/21/05. Effective 5/21/05.]

[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.

§219-2.1 Applicability

This Subpart applies to any new or modified municipal solid waste incineration facility or any new or modified private solid waste incineration facility in the State of New York for which an initial permit to construct a source of air contamination is issued 120 days or more after the effective date of this Subpart [30 days after December 1, 1988]. Any facility subject to this Subpart is exempt from the requirements of Subpart 219-5 or 219-6 of this Part. Any facility subject to this Subpart, when burning infectious waste, must also comply with the appropriate provisions of Subpart 219-3 of this Part.

Note: After promulgation of this regulation, the department will identify and implement necessary steps for retrofit of recently permitted municipal solid waste incineration facilities, and phasing out and elimination of older, uncontrolled incinerators, including onsite incinerators such as those in apartment houses.

§219-2.2 Emission limitations

(a) Particulate emissions. No person may cause or allow an emission into the outdoor atmosphere of particulates from any incinerator at a facility subject to this Subpart in excess of 0.010 grains per dry standard cubic foot of exhaust gas, corrected to seven percent oxygen.

(b) Hydrogen chloride emissions. No person may cause or allow a running eight-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 corrected to seven percent oxygen).

(c) Nitrogen oxides (NOx) emissions. (1) Except as provided by paragraphs (2) and (3) of this subdivision, any facility subject to this Subpart must apply best available control technology (BACT) to limit emissions of oxides of nitrogen (NOx).

(2) If the facility is in a nonattainment area for nitrogen dioxide, or causes an increase in the ambient concentration in any nonattainment area for nitrogen dioxide which exceeds 1.0 microgram per cubic meter on an annual basis, it must comply with Part 231 of this Title and the applicable State implementation plan.

(3) If the facility is in a nonattainment area for ozone, it must apply lowest achievable emission rate technology (LAER) to limit NOx emissions as may be required by either the applicable State implementation plan or a cumulative impact assessment of the proposed facility in combination with all existing and proposed NOx sources. The cumulative impact assessment will be conducted to evaluate the impact of NOx emissions on the ambient ozone levels in accordance with the State Environmental Quality Review Act or article 3 of the ECL.

(d) Dioxin emissions. (1) Any person who owns or operates a facility subject to this Subpart must submit, as part of an application for a permit to construct a new facility and for each application to renew a certificate to operate, a plan demonstrating to the satisfaction of the commissioner that all reasonable efforts and best management practices have been implemented to achieve reasonable progress toward minimization of dioxin equivalent emissions to a target value of 0.2 nanograms per dry standard cubic meter (ng/dscm), corrected to seven percent oxygen. This plan will be used as part of the evaluation by the commissioner to establish the dioxin equivalent emission limit in the initial permit to construct and certificate to operate.

(2) Upon completion of the emission tests required by section 219-2.6 of this Subpart, and following review and acceptance of this test data, the commissioner will establish a facility specific dioxin equivalent emission limit for the affected facility.

(i) This limit will reflect the upper boundary of a 95 percent confidence interval derived from the emission test data.

(ii) This derivation will be based on a minimum of 12 separate stack samples.

(iii) The upper boundary value of the 95 percent confidence interval will be included as a dioxin equivalent emission limit for the affected facility as a special condition in a modified certificate to operate.

(3) No person may cause or allow a dioxin equivalent emission concentration in excess of 2 ng/dscm, corrected to seven percent oxygen, to be emitted from any affected emission source at a facility subject to this Subpart based on emission testing.

(4) In addition to the above, the certificate to operate any emission source subject to these requirements will be conditioned to limit emissions of dioxin equivalents in accordance with section 200.6 of this Title.

(e) Mercury emission limitations. In addition to the mercury requirements contained in 40 CFR Part 60, Subpart Eb, incorporated by reference in Part 200 of this Title (see Table 2, section 200.10), the emission limitation for mercury is 28 µg/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent.

(f) Compliance with mercury emission limitations. Annual compliance is based on the average of the annual stack tests on each incinerator at the facility using the stack test procedures contained in 40 CFR 60.58b(d)(2), incorporated by reference in 6 NYCRR Part 200 (See Table 1, section 200.9 of this Title). This average of all the facility's incinerators must be in compliance with the emission limit of 28 µg/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. However, the average of annual stack tests on each incinerator at the facility must be in compliance with the federal limit of 80 µg/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. Four years after the effective date of this Subpart the averaging of the annual stack tests across all incinerators at the facility will end and each of the facility's incinerators must be in compliance with the emission limit of 28 µg/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. Emission control devices must be kept in a satisfactory state of maintenance and repair in accordance with ordinary and necessary practices, standards and procedures, inclusive of manufacturer's specifications, required to operate such devices effectively.

(g) Other emissions. In the absence of a contaminant specific emission limitation or ambient air quality standard, the certificate to operate for any source subject to these requirements will be conditioned to limit emissions in accordance with section 200.6 of this Title.

Note: The environmental impacts of any proposed facility subject to this Subpart must be identified and evaluated in accordance with section 617.14(f)(3) of this Title with respect to the reasonably related short and long term effects, cumulative effects, and other associated environmental effects.

§219-2.3 Design requirements

(a) Furnace design must provide for:

(1) a residence time for combustion gas of at least one second at no less than 1,800°F; or

(2) a residence time for combustion gas and a temperature which, in combination, are shown to be equivalent to paragraph (1) of this subdivision.

(b) Furnace design must include auxiliary burners capable of meeting the requirements of section 219-2.4(b) of this Subpart.

(c) Control equipment for reducing emissions of hydrogen chloride must be designed such that the flue gas temperature at the outlet from the 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 outlet temperature or through the use of alternate technologies.

§219-2.4 Operating requirements

(a) Combustion index.

(1) a combustion index of 99.9 percent based on a running eight-hour average of readings, and 99.95 percent, based on a running seven-day average of readings, must be maintained except as approved under paragraph (2) of this subdivision, or section 219-2.5 of this Subpart. The combustion index is determined by:

Equation for combustion index

where

CI = combustion index

CO = carbon monoxide in the exhaust gas, parts per million by volume (dry)

CO2 = carbon dioxide in the exhaust gas, parts per million by volume (dry)

(2) on a case-by-case basis, alternative combustion index criteria may be established for any source subject to the requirements of this Subpart which is demonstrated to be unable to meet the combustion index criteria of paragraph (1) of this subdivision. Such alternative combustion index criteria will only be allowed in instances where the source is in compliance with the provisions of section 219-2.2 of this Subpart. In no case may such alternative combustion index criteria be less than 99.80 percent, based on a running eight-hour average of readings.

(b) It must be demonstrated by a method specific to the proposed facility and acceptable to the commissioner, that actual measurements indicate a temperature and residence time of at least 1,800o F for one second in the combustion zone on a continuous basis, or equivalent. The demonstration must be based on a continuous 30-minute average of temperature measurements.

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

(d) Auxiliary burners must be operated as necessary to comply with the requirements of subdivision (b) of this section at the following times:

(1) furnace startup prior to introduction of municipal solid waste;

(2) furnace shutdown when municipal solid waste feed has been discontinued until complete burnout in the furnace has occurred;

(3) when processing marginally combustible waste, during periods of malfunction, or any other time when the requirements of subdivision (b) of this section cannot otherwise be met, unless such operation is approved in accordance with section 219-2.5 of this Subpart; and

(4) at such other times as determined to be appropriate by the commissioner.

(e) Control equipment for reducing emissions of hydrogen chloride must be operated such that the flue gas temperature at the outlet from the 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 outlet temperature or through the use of alternate technologies.

§219-2.5 Startup, shutdown and upset conditions

Any person who owns or operates a facility subject to this Subpart must submit, 90 days or more prior to applying for a certificate to operate, an operating plan to provide for proper maintenance, and avoid careless operation or other preventable conditions during startup, shutdown and other upset condition periods. Such a plan must include provisions for equipment which automatically maintains proper operating parameters. Such plan must be found acceptable to the commissioner and approved prior to issuance of a certificate to operate pursuant to Part 201 of this Title. Such plan will not exempt the source owner from any enforcement action taken by the department.

§219-2.6 Emission testing

(a) The commissioner must be notified in writing at least 10 days prior to the commencement of initial municipal solid waste firing.

(b) Scheduling intervals for emission tests required by the commissioner are as follows:

(1) once within 60 days after achieving the maximum production rate at which the affected unit will be operated, but not later than 180 days after first receipt of municipal solid waste at the affected facility;

(2) once after 12 months, but within 18 months of such receipt;

(3) once after 30 months, but within 36 months of such receipt;

(4) once after 48 months, but within 54 months of such receipt; and

(5) subsequently as determined necessary by the commissioner on the basis of operating history; significant changes to facility equipment or operation; any permit exceedances pertaining to emissions; or any new information determined to be significant by the commissioner. In no event will the interval between such subsequent tests exceed five years, with the first of such tests occurring no more than five years from the date of the test indicated in paragraph (4) of this subdivision.

(c) A preliminary emission test protocol must be submitted to the commissioner at least 180 days prior to emission testing, and a final emission test protocol must be submitted at least 90 days prior to such testing. The configuration of breeching, stack and test port locations, and access to the test port locations must be acceptable to the commissioner.

(d) Witnessing by a department representative of all emission tests is required. Results of any emission test done either in the absence of an approved protocol, or which is not witnessed, will not be accepted.

(e) Copies of emission test results and a report summarizing the results of emission testing and associated ambient air impacts must be submitted to the commissioner and other agencies as set forth in subdivision (f) of this section within 120 days after completion of the tests.

(f) Protocols, reports and notifications. Protocols, reports and notifications required to be submitted to the commissioner under provisions of this Subpart shall be sent as follows:

(1) one copy to the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233;

(2) one copy to the regional air pollution control engineer at the appropriate regional office of the department; and

(3) copies to the appropriate county health department, county environmental quality agency, and other governmental agencies as required by the commissioner.

(g) Air emission tests are required for particulates; carbon monoxide; carbon dioxide; oxygen; sulfur dioxide; nitrogen dioxide; hydrogen chloride and trace contaminants, including but not limited to heavy metals (arsenic, beryllium, cadmium, total chromium, hexavalent chromium, copper, lead, mercury, nickel, zinc), polychlorinated dibenzo-p-dioxins, polychlorinated dibenzo furans, total polycyclic aromatic hydrocarbons (PAH), formaldehyde, and polychlorinated biphenyls (PCB's). Testing of congeners of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo furans is required, as specified by the commissioner. The commissioner may require testing for additional contaminants or delete contaminants from this list for good cause.

§219-2.7 Continuous emission monitoring

(a) Any person who owns or operates a facility subject to these requirements must install and operate, prior to operation of the facility and in accordance with manufacturer's instructions, instruments acceptable to the commissioner for continuously monitoring the following emission and operating parameters:

(1) opacity;

(2) sulfur dioxide;

(3) hydrogen chloride;

(4) nitrogen oxides;

(5) carbon monoxide;

(6) carbon dioxide;

(7) oxygen;

(8) temperature; and

(9) combustion index.

Monitoring instruments for continuously measuring opacity and concentrations of sulfur dioxide, carbon dioxide, and oxygen will be subject to Performance Specifications 1 (opacity), 2 (SO2 and NOx) and 3 (O2 and CO2) set forth in title 40 CFR part 60, Appendix B (see section 200.9 of this Title).

(b) The requirement for hydrogen chloride (HC1) monitoring may be waived upon a satisfactory demonstration by the applicant that HC1 cannot be monitored reliably at the facility and provided that an alternative monitoring procedure acceptable to the commissioner is implemented. Final determination of reliability will be made by the commissioner. If hydrogen chloride monitors are not installed initially, the commissioner may require installation in the future should such monitoring subsequently be determined feasible and necessary.

(c) A report indicating continuous emission monitoring equipment locations, as well as specifications, and procedures for calibration, operation, maintenance, and data evaluation and reporting must be submitted to the commissioner at least 90 days prior to installation of such equipment. This report must be distributed as set forth in section 219-2.6(f) of this Subpart and must be approved by the commissioner prior to equipment installation.

(d) A file of the emission and operating parameter measurements required by this section and other operating parameters specified in paragraphs (1) through (5) of this subdivision, and any additional parameters required by the commissioner as a result of new technology or information, must be maintained. Each permittee for a source subject to this Subpart will, where applicable, following each calendar quarter, tabulate and summarize emission and operating parameter measurements, and the following operating parameters, recorded during the preceding three months. Such quarterly summaries must be submitted as set forth in section 219-2.6(f) of this Subpart within 30 days after the end of each calendar quarter in a format acceptable to the commissioner:

(1) steam temperature in degrees F, steam pressure in pounds per square inch absolute and steam flow in pounds per hour (hourly average);

(2) hourly auxiliary fuel use per furnace in gallons per hour for fuel oil and cubic feet per hour for gaseous fuel;

(3) for electrostatic precipitators:

(i) current flow per field in amperes;

(ii) applied voltage per field;

(iii) sparking rate per field;

(iv) hourly average temperature at both inlet and outlet of the device in degrees F; and

(v) frequency and duration of maintenance or cleaning periods when the precipitator is not fully operational;

(4) for fabric filters:

(i) hourly average pressure drop across each module and also across the inlet and outlet of the entire device in inches of water;

(ii) number of compartments in use, hourly;

(iii) hourly average temperature at both inlet and outlet of the device in degrees F; and

(iv) frequency and duration of maintenance or cleaning periods when the fabric filter is not fully operational;

(5) for gaseous contaminant emission control devices:

(i) hourly average pressure drop across device in inches of water;

(ii) hourly average temperature at both inlet and outlet of the device in degrees F;

(iii) reagent chemicals used in pounds per hour by chemical;

(iv) water use in gallons per hour; and

(v) frequency, duration, and description of periods when the device is not fully operational.

(e) Records and summaries of all measurements and operating parameters must be retained for at least three years, and made available upon request of the commissioner or his representative within 10 working days from receipt of the request.

(f) The quarterly summary of emissions and operating parameters required by this section will be forwarded to the department and other agencies identified in section 219-2.6(f) of this Subpart within 30 days of the end of each calendar quarter.

(g) Excess emissions and/or out of compliance operating parameters must be reported to the appropriate regional air pollution control engineer within one working day of occurrence, along with a program for immediate correction of these conditions.

(h) All reports required by this Subpart must include a section on data quality control and quality assurance. A plan for data quality control and quality assurance must be submitted 90 days prior to application for any certificate to operate and approved by the commissioner prior to issuance of the certificate to operate pursuant to Part 201 of this Title.

§219-2.8 Operator training and certification

(a) No facility subject to this Subpart will be permitted to operate until the applicant has submitted material that demonstrates to the satisfaction of the commissioner that the facility will, at all times be operated under the direction of properly trained individuals.

(b) With the application for a certificate to operate, the permittee must submit a description of an operator training program, including at least the following, along with a time schedule for accomplishing training of all plant personnel:

(1) proper operation and maintenance of equipment;

(2) knowledge of environmental permit conditions and the impact of plant operations on emissions; and

(3) interfacing with the public on the impact of plant operation on environmental concerns.

(c) The onsite operation of any facility subject to these requirements must be directed at all times by a person(s) possessing an appropriate current New York State municipal solid waste incinerator operator certification. This requirement is effective nine months after the date of the first qualifying examination approved by the commissioner.

(d) Operation includes, but is not limited to:

(1) fuel preparation, storage, charging combustion, heat extraction, combustion gas treatment; and

(2) proper functioning of all mechanical and/or environmental control and monitoring equipment.

(e) This requirement does not eliminate the need for any person(s) involved with the facility from having to obtain any other required certificate(s) or license(s) necessary for the performance of their specific duties.

_________________________________________

Available DEC Guidance: