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Subpart 219-1: Incineration - General Provisions

(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 9/30/02. Effective 30 days after filing. Filed 4/12/12. 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.

§219-1.1 Definitions

(a) For the purpose of this Part and each of the Subparts of this Part, the general definitions of Part 200 of this Title apply.

(b) For the purpose of this Part, the following definitions also apply to Subpart 219-2 through 219-6:

(1) Commercial waste. Solid waste generated by stores, offices, institutions, restaurants, warehouses, and nonmanufacturing activities at industrial facilities.

(2) Dioxin equivalent. Any combination or mix of polychlorinated dibenzo-para-dioxins and polychlorinated dibenzo furans containing from four to eight chlorine atoms which are expressed as 2,3,7,8 tetrachlorinated dibenzo-para-dioxin equivalents using the toxic equivalency factors listed below. Standard conditions upon which these data are referenced are an absolute pressure of 760 mm mercury and 20°C at 7 percent oxygen.

Compound Factor
monochlorinated dibenzo-para-dioxins (all) 0
trichlorinated dibenzo-para-dioxins (all) 0
dichlorinated dibenzo-para-dioxins (all) 0
2,3,7,8 tetrachlorinated dibenzo-para-dioxin 1
other tetrachlorinated dibenzo-para-dioxins 0.01
2,3,7,8 tetrachlorinated dibenzo-para-dioxin 1
other pentachlorinated dibenzo-para-dioxins 0.01
2,3,7,8 hexachlorinated dibenzo-para-dioxin 0.03
other hexachlorinated dibenzo-para-dioxins 0.0003
2,3,7,8 heptachlorinated dibenzo-para-dioxin 0.001
other heptachlorinated dibenzo-para-dioxins 0.00001
octachlorinated dibenzo furans 0
2,3,7,8 tetrachlorinated dibenzo furan 0.33
other tetrachlorinated dibenzo furans 0.003
2,3,7,8 pentachlorinated dibenzo furan 0.33
other pentachlorinated dibenzo furans 0.003
2,3,7,8 hexachlorinated dibenzo furan 0.01
other hexachlorinated dibenzo furans 0.0001
2,3,7,8 heptachlorinated dibenzo furan 0.001
other heptachlorinated dibenzo furans 0.00001
octachlorinated dibenzo furans 0

(3) Hospital. Any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

(4) Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit. Any device that combusts any amount of hospital waste and/or medical/infectious waste.

(5) Hospital/medical/infectious waste incinerator operator or HMIWI operator. Any person who operates, controls or supervises the day-to-day operation of an HMIWI.

(6) Hospital waste. Discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

(7) Incinerator.Any structure or furnace in which combustion takes place and type 0, 1, 2, 3, or 4 refuse is used as fuel, alone or in conjunction with fossil fuel.

(8) Medical/infectious waste. Any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed below:

(i) Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live, attenuated vaccines; and culture of dishes and devices to transfer, inoculate, and mix cultures.

(ii) Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

(iii) Human blood and blood products including:

(a) liquid waste human blood;

(b) products of blood;

(c) items saturated and/or dripping with human blood; or

(d) items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also include in this category.

(iv) Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

(v) Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

(vi) Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

(vii) Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in Part 373 of this Title; household waste, as defined in Part 360 of this Title; ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials.

(9) Municipal solid waste. All materials or substances discarded from single and multiple family dwellings, and other residential sources; similar types of materials from institutional, commercial and industrial sources; concurrently incinerated sewage sludge but not hazardous waste as defined in Part 371 of this Title.

(10) Municipal solid waste incineration facility. 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.

Note: A municipal solid waste incineration facility may also be an infectious waste incineration facility.

(11) Private solid waste incineration facility. Any facility, other than a municipal solid waste facility, that burns municipal solid waste, or any fuels derived from municipal solid waste using thermal destruction technologies, with or without energy recovery.

(12) Refuse. All waste material, including but not limited to garbage, rubbish, incinerator residue, street cleanings, dead animals, and offal. Refuse is classified in accordance with Table 1, Appendix 2.

(13) Smoke. An air contaminant consisting of small gas-borne particles emitted by an air contamination source in sufficient number to be observable.

(14) Solid waste.

(i) Solid waste means all putrescible and nonputrescible materials or substances except as described in subparagraph (iv) of this paragraph that are discarded or rejected as being spent, useless, worthless or in excess of the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.

(ii) A material is discarded if it is abandoned by being:

(a) disposed of;

(b) burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or

(c) accumulated, stored, or physically, chemically, or biologically treated (other than burned or incinerated) instead of or before being disposed of.

(iii) A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked, or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into ground water or surface water.

(iv) The following materials are not solid waste for the purposes of this Part:

(a) domestic sewage;

(b) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment except for any material that is introduced into such system in order to avoid the provisions of Part 360 of this Title;

(c) industrial wastewater discharges that are actual point source discharges subject to permit under ECL article 17. Industrial wastewaters while they are being collected, stored, or treated before discharge, and sludges that are generated by industrial wastewater treatment are solid wastes and are regulated by Part 360 of this Title;

(d) irrigation return flows;

(e) radioactive materials which are source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (see section 360-1.3[a] of this Title);

(f) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process; and

(g) materials that the department has determined are being beneficially used, including the following:

(1) materials that are incorporated into a manufacturing process to produce a marketable product;

(2) compost that meets the criteria for Class I public distribution and agricultural usage identified in Subpart 360-5 of this Title;

(3) wood chips used for mulch, landscaping, or erosion control purposes;

(4) ash generated from the combustion of coal if the ash has been tested for toxicity pursuant to a testing protocol approved by the department and certified to be nontoxic and used as follows:

(i) coal combustion bottom ash used as a traction agent on roadways, parking lots, and other driving surfaces;

(ii) coal combustion bottom ash or fly ash used as a cement substitute or aggregate in cement or concrete products; or

(iii) coal combustion bottom ash or fly ash used in situations where the ash is contained and leachate will not be generated, such as structural fill within building foundations.

§219-1.2 Summary of applicability

(a) Subpart 219-2, Municipal and Private Solid Waste Incineration Facilities.

(1) Subpart 219-2 of this Part applies to all new municipal or private solid waste incineration facilities, or modifications of such sources, for which a permit to construct is issued pursuant to Part 201 of this Title, 120 days or more after the effective date of this Part [30 days after December 1, 1988].

(2) Subpart 219-2 of this Part applies statewide.

(3) Any incineration facility subject to Subpart 219-2 of this Part is exempt from the requirements of Subparts 219-5 and 219-6 of this Part;

(4) Any incineration facility subject to Subpart 219-2 of this Part must also comply with the appropriate provisions of Subpart 219-3 of this Part when burning infectious waste.

(b) Subpart 219-3, Hospital/Medical/Infectious Waste Incineration Facilities.

(1) Subpart 219-3 of this Part applies to all incinerators used for the incineration of hospital/medical/infectious waste if the total charging rate, as limited by a permit to construct or certificate to operate issued pursuant to Part 201 of this Title, is less than 50 tons per day.

(2) Subpart 219-3 of this Part applies statewide.

(3) Any incineration facility subject to Subpart 219-3 of this Part must also comply with all other applicable State and Federal requirements.

(4) The term infectious waste in Subpart 219-3 should be read to mean hospital/medical/infectious waste.

(c) Subpart 219-4, Incinerators, Crematories.

(1) Subpart 219-4 of this Part applies to all facilities constructed or installed or for which an application for a permit to construct was received by the commissioner after the effective date of this Part [30 days after December 1, 1988], used for the cremation of human and animal bodies, body parts and for the incineration of associated animal bedding.

(2) Subpart 219-4 of this Part applies statewide.

(d) Subpart 219-5, Existing Incinerators.

(1) Subpart 219-5 of this Part applies to incinerators constructed or installed or which had been issued a permit to construct prior to the applicability date of Subpart 219-2 of this Part.

(2) Subpart 219-5 of this Part applies statewide except in New York City or Westchester and Nassau Counties.

(e) Subpart 219-6, Existing Incinerators-New York City, Nassau and Westchester Counties.

(1) Subpart 219-6 of this Part applies to incinerators constructed or installed or which had been issued a permit to construct prior to the applicability date of Subpart 219-2 of this Part.

(2) Subpart 219-6 of this Part only applies in New York City and Westchester and Nassau Counties.

(f) Subpart 219-7, Mercury Emission Limitations for Large Municipal Waste Combustors Constructed on or before September 20, 1994.

(1) Subpart 219-7 of this Part applies to existing municipal waste combustor plants which have individual unit capacities greater than 250 tons per day.

(2) Subpart 219-7 of this Part applies statewide.

(g) Subpart 219-8, Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or before August 30, 1999.

(1) Subpart 219-8 of this Part applies to existing municipal waste combustor plants which have individual unit capacities between 35 tons per day (tpd) and 250 tpd.

(2) Subpart 219-8 of this Part applies statewide.

(h) Subpart 219-9, Emission Guidelines and Compliance Schedules for Existing Sewage Sludge Incineration Units.

(1) Subpart 219-9 of this Part applies to existing sewage sludge incineration units located at wastewater treatment facilities.

(2) Subpart 219-9 of this Part applies statewide.

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