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Subpart 219-4: Incinerators, Crematories

(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.



§219-4.1 Definitions

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

§219-4.2 Applicability

This Subpart applies to all new and modified (after the effective date of this Subpart [30 days after December 1, 1988]) facilities used for the cremation of human and animal bodies and body parts and for the incineration of associated animal bedding.

§219-4.3 Particulate emissions

No person may cause or allow emissions of particulates into the outdoor atmosphere from any emission source located in a crematory facility in excess of 0.08 grains per dry standard cubic foot of flue gas, corrected to seven percent oxygen.

§219-4.4 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.

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

(c) Mechanically fed crematories must incorporate an air lock system to prevent opening the crematory to the room environment. The volume of the loading system must be designed so as to prevent overcharging to assure complete combustion of the charge.

§219-4.5 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 operate a crematory facility unless the temperatures described in section 219-4.4 of this Subpart are maintained at all times that waste is being burned.

(c) The commissioner must be notified in writing at least 10 days prior to the commencement of operation of the crematory.

§219-4.6 Other wastes

(a) Municipal solid waste may not be burned in a crematory.

(b) Infectious waste (other than pathological waste and animal bedding) in excess of five percent of the total permitted hourly charging rate may not be burned in a crematory.

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

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

§219-4.7 Continuous emission monitoring

(a) Any person who owns or operates a crematory facility 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.

§219-4.8 Stack testing

(a) Each incinerator to be installed in a crematory facility must demonstrate compliance with the standards in this Subpart by either (1) onsite testing, or (2) submittal of a test report for an identical incinerator tested in New York and approved by 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.

§219-4.9 Data and calculations

Each application for a permit to construct a source of air contamination for a crematory facility must include:

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

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

§219-4.10 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 in writing 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 for that facility.

§219-4.11 Inspection and reporting

Each owner or operator of a permitted crematory facility 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.


Available DEC Guidance: