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Subpart 360-3:Solid Waste Incinerators Or Refuse-Derived Fuel Processing Facilities Or Solid Waste Pyrolysis Units

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2,
3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3,
4, 5, 9, 11, 14, and 16]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-3.1 Applicability.

(a) Applicability. Except as provided in subdivision (b) of this section, this Subpart regulates the construction and operation of solid waste incinerators, refuse-derived fuel processing facilities and solid waste pyrolysis units. In addition, those facilities managing regulated medical waste must comply with the applicable provisions of Subpart 360-17 of this Part. Regulations governing construction and operation of solid waste incinerators for the purposes of air pollution control are set forth in Parts 200, 201, 219, 222 and 257 of this Title.

(b) Exemptions.

(1) A solid waste incinerator described in section 360-17.1(c) of this Part is exempt from this Part.

(2) Solid waste incinerators existing on December 31, 1988 that have a total design capacity of less than 2,000 pounds of solid waste per hour are exempt from this Part, except that such a solid waste incinerator that combusts regulated medical waste, and is not described in section 360-17.1(c) of this Part, must have submitted an operation plan as described in section 360- 17.3(g) of this Part before July 29, 1989.

(c) Registration. An energy recovery incinerator or solid waste pyrolysis unit that accepts off-site generated solid waste as alternate fuels is subject to the registration provisions of section 360-1.8(h) of this Part, rather than the permit provisions of this Part, provided such waste is nonhazardous, nonputrescible, recognizable, unadulterated and uncontaminated and:

(1) the storage of solid waste prior to combustion or pyrolysis must be located on surfaces capable of minimizing leachate release into the groundwater underneath the site and surrounding land;

(2) all leachate must be collected and treated by a method approved by the department;

(3) an annual report must be prepared and submitted to the department in accordance with section 360-3.4(f)(3) of this Part; and

(4) representative samples must demonstrate that the alternate fuels have a minimum heating value of 4,000 Btu per pound as-received.

§360-3.2 Definitions.

The following terms have the following meanings when used in this Subpart:

a) Downtime waste means the amount of waste that cannot be processed due to breakdowns and scheduled or unscheduled maintenance and repairs.

(b) Nonprocessible waste means, for a solid waste incinerator, that portion of the municipal solid waste stream which cannot be incinerated due to legal, technical or environmental limitations. Nonprocessible wastes include but are not limited to: batteries, such as dry cell batteries, mercury batteries and vehicle batteries; refrigerators; stoves; freezers; washers; dryers; bedsprings; vehicle frame parts; crankcases; transmissions; engines; lawn mowers; snow blowers; bicycles; file cabinets; air conditioners; hot water heaters; water storage tanks; water softeners; furnaces; oil storage tanks; metal furniture; propane tanks; and yard waste.

(c) Processible waste means, for a solid waste incinerator, that portion of the municipal solid waste stream which after being subjected to the maximum feasible recycling requires disposal including, but not limited to: newspaper; junk mail; corrugated cardboard; office paper; magazines; books; kraft; paperboard; other paper; glass containers (non-deposit); steel cans (non- deposit); aluminum cans (non-deposit); other glass; ferrous and non-ferrous metals; plastics; rubber; textiles; and leather from residential, commercial, and institutional sources only; wood; food wastes; and other combustible portions of the municipal solid waste stream as approved by the department.

(d) Pyrolysis means a process using applied heat in an oxygen-deficient or oxygen-free environment for chemical decomposition of solid waste. For purposes of this Part, any by-products or residues of pyrolysis are not considered refuse-derived fuel. Residues remaining after pyrolysis must be managed pursuant to the provisions of section 360-3.5 of this Subpart.

§360-3.3 Application requirements for a permit to construct and operate.

In addition to the requirements set forth in Subpart 360-1 of this Part, an application for a permit to construct (which for the purposes of this Subpart includes start-up) and operate a solid waste incinerator or refuse-derived fuel processing facility or solid waste pyrolysis unit must contain the following:

(a) Engineering report. An engineering report that, in addition to the requirements of section 360-1.9(e) of this Part, must include the following:

(1) A general description of the overall process and functional description of all equipment to be used, with design criteria, anticipated performance, and process flow diagrams.

(2) Pertinent facts and calculations relating to the development of the material and energy balances.

(3) A description of the proposed service area.

(4) Identification of sufficient support equipment to maintain operation of equipment functions.

(5) A general description of the facility operation which includes:

(i) a sequential description of the major components used for the treatment of the solid waste, starting from its delivery at a weigh scale and continuing through the residue and ash residue treatment and loading operations;

(ii) procedures for facility start-up, scheduled and unscheduled shutdowns;

(iii) a description of how the operator will utilize the process and instrumentation controls for start-up and shutdown operation;

(iv) a description of the internal communications system;

(v) a description of potential safety hazards and methods of control, including but not limited to, arrangements to detect explosion potential and equipment installed to minimize the impact of explosion;

(vi) a description of methods which will be used to minimize vectors, noise, dust, litter, blowing debris and odors;

(vii) a description of the ash residue system and ash residue removal procedures in case of a mechanical system breakdown (in the case of facilities utilizing a wet ash system, drag conveyors must be of sufficient length and incline to remove free liquid);

(viii) a description of the method of solid waste removal from the feed hopper or mechanism in case of mechanical system breakdown; and

(ix) a description of the methods and equipment to recover materials, if provided.

(6) A description of the processible waste proposed to be treated, processed or disposed of for the initial year and annually for the projected life of the facility, including estimates of the quantity and composition of the current waste stream, demographic projections and future per capita waste generation rates, facility downtime, the need to account for seasonal variations, the success of waste reduction and recycling programs, and the Btu value of the waste stream that will be incinerated.

(7) A description of the storage methods to be used at the facility, including:

(i) Solid waste or refuse-derived fuel must be stored inside an enclosed structure or building which provides a minimum of three days storage capacity of solid waste and/or refuse-derived fuel, considering both volume (cubic yards) and weight (tons), at the installed design capacity of the facility.

(ii) Except for solid waste incinerators which combust only nonputrescible solid waste, the solid waste storage area and tipping area must be designed to contain a negative air pressure, compared to atmospheric conditions, when the facility is in operation.

(iii) The solid waste storage area and tipping area must include fire- detection and protection equipment, and must be separated from the solid waste combustion or pyrolysis equipment by a wall.

(8) A summary of the utility requirements, including:

(i) an estimate of the type, quantity, and on-site storage of fuels needed for the facility;

(ii) estimates of steam generated and used on-site in terms of pressure, temperature and pounds per hour;

(iii) estimates of the total electric power consumed and generated on-site in kilowatts; and

(iv) estimates of water used for cooling, quench, sanitary and processing, including that which is, or may be, recycled or treated.

(9) Estimates of stormwater runoff and drainage and construction dewatering, and a description of its use or disposal, including point of discharge.

(10) A list and description of all authorizations, permits and approvals that may be required for this facility, including but not limited to, those from the department, other State agencies, federal agencies, local governments, the Adirondack Park Agency, agricultural districts, and those from the fire equipment insurance underwriter (e.g., Insurance Service Organization, Factory Mutual) and electric utility.

(11) A description of the facility's equipment. A solid waste incinerator facility must have at least three separate solid waste process trains capable of being operated independently of each other. However, an alternative number of process trains may be approved if it can be demonstrated to the department's satisfaction that, there would be a significant increase in capital and operating costs that would outweigh the benefits associated with the installation of three process trains, and that other provisions are made to minimize downtime and bypass waste, and to ensure that the facility does not create economic incentives for diverting solid wastes from recycling.

(12) A description of the auxiliary power to be provided and sized to enable emergency shutdown of the facility to occur.

(13) A description of the pertinent economic information, including:

(i) an estimate of annual tipping fees over the projected life of the facility, considering the economic impacts for achieving the goals of the recyclables recovery program under section 360-1.9(f) of this Part; and

(ii) this economic analysis must project, for each year of the anticipated life of the project, the minimum solid waste that must be treated at the facility.

(b) Engineering plans and specifications. The following are required in addition to the requirements of section 360-1.9(e) of this Part:

(1) An identification of the vendor and supplier of the combustion equipment.

(2) Engineering plans that contain information on known site conditions and projected site utilization. The engineering plans must show general dimensions of the proposed structures and identify the overall process.

(i) the site plan must show the facility's property boundaries; site acreage; distances from adjacent residences, property owners and population centers; off-site utilities such as electric, gas, water, storm, and sanitary sewer systems; a north arrow; site topography; the location of screening provided, regulated wetlands, rights-of-way, surface water conditions, floodplains, buildings, appurtenances, fences, gates, roads, staging areas, parking areas, drainage culverts and signs; location of soil borings, if available; transportation systems in the vicinity of the facility including, but not limited to, airports, railways, and ports; the location and identification of special waste handling and storage areas; and a wind rose;

(ii) general plan and cross-sectional views of the facility, which must include: the storage area for the solid waste, equipment locations and configurations, air supply ductwork locations, ash residue collection, handling, and storage systems; and

(iii) plans that contain a process flow diagram or diagrams to illustrate the complete material and process sequence. They must depict all major equipment associated with the processing, heating, cooling, transportation, and storage of all material flow streams that can be anticipated for the facility and must include air, water, solids and energy balances. The material flow streams must show all inputs and outputs and be characterized by the following process variables:

(a) average flow rates, including temperature and pressure, as measured by weight or volume per unit of time; and

(b) energy balances, which must include the maximum, average, and minimum heat content (measured in Btu's per pound) for all input and output material for any equipment that changes the heat content of these streams. Energy converted, transferred or released as heat must be indicated in Btu's per hour. All major sources of heat input and loss must be noted. Electrical energy either generated or used must be shown in kilowatt hours, with average use and peak demands shown.

(3) Performance specifications for all major equipment.

(4) Proposed project construction schedules. Schedules must incorporate specific information essential for monitoring a project's progress. Time requirements must be shown for design and engineering, construction milestone dates, equipment deliveries, and the start and completion dates of construction. Following issuance of a permit, progress reports must be submitted quarterly to the department indicating the percentage of work completed.

(c) Comprehensive recycling analysis. A comprehensive recycling analysis as required by, and prepared in accordance with, section 360-1.9(f) of this Part.

(d) Landfill. Ninety days prior to the anticipated facility start-up date, the applicant must identify each landfill that the applicant plans to use for the disposal of the ash residue, downtime waste, and bypass waste. Such landfill or landfills must, in the aggregate, have capacity sufficient to receive all ash residue, downtime waste and bypass waste from the proposed facility for five years from the anticipated facility start-up date.

(1) Each such landfill must be either:

(i) owned by the applicant, be in operation, and be authorized by the department or other appropriate regulatory agency to operate, and have the capacity to accept ash residue, downtime waste, or bypass waste from the solid waste incinerator or refuse-derived fuel processing facility or solid waste pyrolysis unit for five years after the anticipated operation start date; or

(ii) owned by another person, be in operation, be authorized by the department or other appropriate regulatory agency to operate, and have the capacity to accept the ash residue, downtime waste, or bypass waste from the solid waste incinerator or refuse-derived fuel processing facility for five years after the anticipated operation start date. A commitment for the use of this landfill must be submitted in the form of a contract for a term of five years from the anticipated operation start date.

(2) The requirements for landfill capacity to accept the downtime waste and/or bypass waste may be waived if contractual arrangements can be executed with one or more existing solid waste management facilities for the acceptance of such waste, provided such facilities have the capacity to accept such waste from the solid waste incinerator or refuse-derived fuel processing facility or solid waste pyrolysis unit for a period of five years from the anticipated operation start-up date. The committed use of solid waste management facilities must be in the form of a contract for a term of five years.

(3) Transition. The landfill identification requirements of this subdivision shall apply to: permits to construct and operate solid waste incinerators, refuse-derived fuel processing facilities or solid waste pyrolysis units that were issued before the effective date of this Part;, applications for permits to construct and operate such facilities that were pending before the department on the effective date of this Part; and new applications to construct and operate such facilities that are submitted to the department on or after the effective date of this Part.

(e) Final disposition of refuse-derived fuel. Prior to the issuance of the permit to construct and operate, the applicant must inform the department of the market arrangement for the final disposition of the refuse-derived fuel. This arrangement must be in the form of a contract with a facility for a minimum period of two years from the anticipated facility start-up date. Such facility must be authorized by the department or other appropriate regulatory agency to operate and must have the capacity to combust the refuse-derived fuel.

(f) Facility operation and maintenance manual. In addition to the requirements set forth in Subpart 360-1 of this Part, an application for a permit to construct and operate a solid waste incinerator or refuse-derived fuel processing facility or solid waste pyrolysis unit must include a draft operation and maintenance manual containing the following:

(1) Facility operation manual. This manual must establish operating parameters that will enable the facility to achieve a goal of at least 85 percent equipment availability and minimize downtime and bypass solid waste. The facility operation manual must include the following:

(i) a description of the proposed operation procedures for each major facility component;

(ii) procedures to be followed during start-up and scheduled and unscheduled shutdown of operations;

(iii) identification of the operating variables for the process and any control devices used to detect a malfunction or failure, the normal range of these variables, and a description of the method of monitoring; and the sequence of responsible action in the event that the equipment and instruments exceed normal operating ranges;

(iv) methods and schedules to check operation of control equipment and instrumentation, exclusive of emission monitoring equipment, including a list of all equipment and instruments requiring calibration and a schedule of proposed calibration intervals. All process instruments must be calibrated at least once per year. Process control instruments must be maintained in an operable condition;

(v) a description of the proposed measures to control dust, noise, litter, odor, rodents and insects at the facility;

(vi) a description of the proposed measures to handle incoming solid waste flow during periods of emergencies, equipment breakdown, or facility shutdown;

(vii) an inventory and location of all facility records and as-built drawings;

(viii) other items, as identified by the department, that are specific to the individual facility due to its location, technology, or delivered solid waste (such as processing and handling of regulated medical waste or other waste not authorized by the department to be received at the facility); and

(ix) schedules for anticipated repairs; major equipment replacement; and list of equipment dealers to supply standby or emergency equipment.

(2) Operation and maintenance manual submission review.

(i) The operation and maintenance manual must be submitted to the department for review and approval not less than 90 days before any solid waste is received by the facility.

(ii) A final operation and maintenance manual must be approved by the department before any solid waste is received by the facility.

(iii) An updated manual must be submitted to the department for review and approval with each application for a renewal of the permit under this Part.

(iv) Any substantial changes made to the department-approved operation and maintenance manual must be forwarded to the department.

(g) Personnel training plan.

(1) This plan must describe how all facility personnel will complete a program of classroom instruction and/or on-the-job-training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Part, and for processing and handling of nonprocessible waste, regulated medical waste, and solid waste not authorized by the department to be received at the facility.

(2) This plan must identify the personnel who will be trained in the procedures, equipment, and processes at the facility. The training must include instruction that teaches facility personnel solid waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(3) The plan must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency and safety equipment, emergency procedures and emergency systems. The plan must include, where applicable:

(i) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(ii) key parameters for automatic waste feed cutoff systems;

(iii) communication or alarm systems;

(iv) response to fires or explosions;

(v) response to groundwater contamination incidents;

(vi) start-up and shutdown of operations; and

(vii) identifying nonprocessible solid waste or solid waste not authorized by the department to be received at the facility.

(4) Facility personnel must successfully complete the personnel training requirements of this Subpart within six months after the date of their employment or assignment to a facility. Employees hired after the effective date of this Part must not work in unsupervised positions until they have completed the training requirements of subdivision 360-3.3(g) of this Part.

(5) Facility personnel must take part in an annual review of the training required in subdivision 360-3.3(g) of this Part.

(6) The following records must be maintained at the facility.

(i) the title for each position related to solid waste management, the name of the employee filling each position, and a written job description for each title. This description must include the requisite skill, education, qualifications, and duties of employees assigned to each position;

(ii) a written description of the type and amount of both introductory and continuing training that will be given to each person who fills a position listed under subparagraph (i) of this paragraph; and

(iii) documentation that the training or job experience required under subdivision 360-3.3(g) of this Part has been given to, and completed by, facility personnel.

(7) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. All records must be available for inspection by appropriate department personnel.

(8) The on-site operation of a solid waste incinerator which combusts mixed solid waste subject to the requirements of this Subpart must be directed by a person who is certified pursuant to American Society of Mechanical Engineers Qualification and Certification of Resource Recovery Facility Operators (ASME-QRO).

(h) Facility maintenance, monitoring and inspection plan. A facility maintenance, monitoring and inspection plan, which in addition to the matters identified in section 360-1.14(h) of this Part, includes:

(1) A description of the monitoring and inspection to be undertaken at the facility to discover and correct equipment malfunctions or deteriorations, operator errors, and discharges that may threaten the environment or human health.

(2) A schedule for inspecting all aspects of the facility necessary to ensure maximum facility availability. The frequency of inspection must be based on the projected rate of equipment deterioration or malfunction, and the probability of failure between inspections. Areas of the facility subject to spills and areas in which adverse environmental or health consequences may result if breakdown occurs, must be inspected daily when in use.

(3) A schedule for inspection of: safety and emergency equipment, security devices, operating process equipment and structural aspects of the facility. The plan must identify the types of problems to be looked for during the inspection; the frequency of inspections, and the minimum standards of acceptability where applicable.

(4) A list of chemicals, including quantities to be used at the facility, amounts to be stored, location of storage, and safety procedures for handling and storage.

(5) Schedules for anticipated repairs and major equipment replacement; and a list of equipment dealers to supply standby or emergency equipment.

(6) At least annually, a general facility inspection must be undertaken to determine the operating condition of the safety, emergency, security, process, and control equipment. This annual inspection must be performed under the direction of an individual licensed to practice engineering in the State of New York. This individual must prepare a summary report of the inspection which must be submitted to the department's central office and the office of the department administering the region within which the facility is located, as part of the annual facility report (see section 360-3.4[f][3] of this Subpart).

(i) Staffing plan. A written plan that will demonstrate adequate staffing of essential positions whenever the facility is operational.

(j) Waste control plan.

(1) A waste control plan that, in addition to addressing the matters contained in section 360-1.14(f) of this Part:

(i) Ensures that the facility receives and treats only household waste, nonhazardous commercial waste, nonhazardous industrial waste, and solid waste specifically authorized by the department to be treated at the facility.

(ii) Describes the contents of a solicitation letter and questionnaire that must be mailed to all known industries whose solid waste will be sent to the facility, requesting the name of their solid waste haulers, the name of the finished product, the names of chemicals used or wastes generated to produce such products and the wastes to be delivered to the proposed facility. The letter and questionnaire must be mailed at least three months before start- up of the facility and must be remailed no less frequently than every five years thereafter. This letter and questionnaire must also be mailed to commercial establishments and institutions that are reasonably expected to produce solid waste not authorized by the department to be treated at the facility.

(iii) Provides a program to identify, control, separate out, record, and prevent nonprocessible waste and solid waste not authorized by the department from being accepted and/or treated at the facility. The plan must include a description of how these wastes will be handled and disposed of if received at the facility and provisions to notify the department within the quarterly monitoring report of receipt and disposal of such wastes. The waste control plan must also identify the personnel trained for this purpose. No facility will be allowed to start-up unless a waste control plan has been submitted to the department.

(iv) Ensures a program, acceptable to the department, is developed and implemented to identify, control, separate, and dispose of nonprocessible waste. Such a program must include:

(a) a location at the facility for the separation and storage of nonprocessible waste;

(b) contractual requirements or other appropriate notification and inspection procedures to minimize the quantity of nonprocessible waste received at the facility;

(c) provide that a sign must be conspicuously posted at the entrance to the facility which states that nonprocessible waste must be separated from solid waste and placed at a designated storage area.

(v) Ensures a program, acceptable to the department, is developed and implemented for detecting and preventing the disposal of regulated hazardous wastes at the facility. This program must include, but not be limited to:

(a) random inspections of incoming loads;

(b) inspections of suspicious loads;

(c) records of inspections;

(d) training of facility personnel to recognize regulatedhazardous waste;

(e) procedures for notifying the proper authorities if a regulated hazardous waste is discovered at the facility; and

(f) a minimum of one random inspection of a solid waste delivery vehicle per day.

(2) Other nonhazardous solid waste (which may include regulated medical waste that may be processed in a solid waste incinerator in accordance with the Certificate to Operate issued pursuant to Part 219 of this Title, industrial waste, and sewage sludges) may be accepted at a solid waste incinerator, refuse-derived fuel processing facility, or solid waste pyrolysis unit. Such waste may be accepted if: specifically authorized by permit; transported to the facility in a manner acceptable to the department; and if appropriate personnel protection and solid waste handling procedures are employed. These procedures may include:

(i) separate handling of untreated regulated medical waste from other solid waste received, and special handling of treated regulated medical waste at the facility;

(ii) securely wrapping or containerizing such waste to prevent exposing personnel or the environment to the contents;

(iii) direct unloading of untreated regulated medical waste into the incinerator;

(iv) producing an ash residue that will comply with the provisions of section 360-3.5(c)(3) of this Subpart. A solid waste incinerator not producing ash residue meeting these requirements is prohibited from further combusting such waste until the operator can demonstrate to the department's satisfaction that such waste can be combusted producing an ash residue that will comply with the provisions of section 360-3.5(c)(2)(i)(c) of this Subpart;

(v) identification of safety procedures for employees that are required to work with such waste; and

(vi) regulated medical waste treatment, storage, transfer, destruction, and disposal must be in accordance with the requirements of Subparts 360-10 and 360-17 of this Part.

(k) Contingency plan. In addition to the requirements set forth in section 360-1.9(h) of this Part, the plan must include, but not be limited to the following:

(1) Scope. The contingency plan must minimize hazards to human health and the environment resulting from fires, explosions, or releases into the air, onto the soil, or into groundwater or surface water.

(2) Contents. The contingency plan must describe the actions facility personnel must take in response to a fire, explosion, or releases which could threaten human health or the environment, and actions to be taken if the facility is shutdown for more than 24 hours.

(3) A copy of the contingency plan and all revisions to this plan must be maintained at the facility; and copies must be submitted to all local police departments, fire departments, hospitals, State and local emergency response teams that may be called upon to provide emergency services. The operator must assure that the provisions of this plan are carried out in the event of an incident covered by it.

(4) Any amendments to this plan must be submitted to the department. This plan must be immediately amended whenever:

(i) it fails to provide information to respond to an emergency situation;

(ii) the facility changes in its design, construction, operation, maintenance or other circumstance in a way that materially increases the potential for fires, explosions, or releases of pollutants or changes the response necessary in an emergency;

(iii) the list of emergency coordinators changes; or

(iv) the list of emergency equipment changes.

(l) Closure plan. In addition to the closure requirements of section 360- 1.14(w) of this Part, the closure plan must also identify the steps necessary to close the facility. The plan may be amended at any time during the active life of the facility with department approval. The plan must be amended whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure.

(1) The owner or operator must notify the department in writing at least 180 days before the date the facility is expected to begin closure. No solid waste may be received after the date of closure.

(2) Within 30 days after receiving the final quantity of solid waste, the owner or operator must remove from the site, or properly dispose of on-site, all solid waste and ash residue in accordance with the approved closure plan.

(3) The owner or operator must complete closure in accordance with the approved closure plan within 180 days after receiving the final quantity of solid waste.

(4) When closure is completed, the owner or operator must submit to the department, certification, by an individual licensed to practice engineering in the State of New York and retained by the operator or owner, that the facility has been closed in accordance with the approved closure plan.

(m) Additional requirements. In addition to the requirements of this section, an application for a permit to construct and operate a solid waste incinerator must comply with the ash residue requirements of section 360-3.5 of this Subpart.

(n) Operation and maintenance manual submission review.

(1) A draft operation and maintenance manual must be submitted to the department for review and approval with an application for a permit to construct and operate the facility.

(2) A final operation and maintenance manual must be submitted to, and approved by, the department before any solid waste is received by the facility.

(3) An updated operation and maintenance manual must be submitted to the department for review and approval with each application for renewal of the permit under this Part.

§360-3.4 Operational requirements.

All solid waste incinerators or refuse-derived fuel processing facilities or solid waste pyrolysis units subject to this Subpart must operate in compliance with the following:

(a) Operation and maintenance manual. All activities at the facility must be performed in accordance with a department-approved Operation and Maintenance Manual, which includes all plans and programs required by this Part. The operation and maintenance manual, and all plans and programs required by this Part must be maintained and be available for reference and inspection at the facility. The operation and maintenance manual must be updated no less frequently than the duration of the permit.

(b) Receipt and handling of solid waste.

(1) The facility shall not knowingly accept types of solid waste that are not authorized by the department. All solid waste received at the facility, and residues, ash residues, bypass waste, nonprocessible waste, and waste not authorized by the department, leaving the facility, must be weighed and recorded and the results must be incorporated into the quarterly report.

(2) All solid waste delivered to the facility must be processed and contained within a completely enclosed area to minimize the effects of weather, wind and precipitation. Unless specifically authorized by the department, solid waste stored on-site must be confined to the storage area designed in accordance with section 360-3.3(a)(7) of this Subpart. In no case shall the solid waste stored on-site exceed seven times the approved daily design capacity.

(3) External storage of putrescible solid waste is prohibited. Solid waste identified as nonputrescible recyclables or oversized, bulky, or nonprocessible solid waste may be temporarily stored outside the facility for a period not to exceed one week unless an extension is authorized by the department.

(4) All rejected, oversized, bulky, nonprocessible, and bypass waste that is not recyclable must be disposed of at a department-approved facility if located within the State, or an authorized facility if located out-of-state.

(c) Drainage. The site and facility must have adequate drainage and be free of standing water.

(d) Process changes. The department must be notified of all process changes before they are implemented. Permit modification procedures are discussed in sections 360-1.8(e) and 360-1.9(c) of this Part.

(e) Access. The operator must restrict the presence of, and must minimize the possibility for any unauthorized entry onto the facility. A description of the security measures must be provided and must include, but not be limited to, a means to control entry at all times through the gates or other entrances to the facility (as by a 24-hour surveillance system which continuously monitors and controls entry, or an artificial or natural barrier). Signs, legible from a distance of at least 25 feet, that read "VISITORS AND UNAUTHORIZED PERSONNEL MUST REPORT TO THE OFFICE" also must be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach to the facility.

(f) Reporting. In addition to the requirements of sections 360-1.4(c) and 360-1.14(j) of this Part, all facilities must:

(1) Immediately notify the department's solid waste engineer in the departmental region in which the facility is located, if an unscheduled total facility shutdown exceeds 24 hours. A written confirmation letter describing the incident that resulted in the unscheduled shutdown, and an assessment of any impacts of the shutdown, including the disposition of any solid waste that was diverted from the facility due to the shutdown, must be sent to the regional solid waste engineer within 15 days of the incident.

(2) Prepare and file a quarterly report, compiled for each month, in a form provided by or acceptable to the department. Copies of the report must be sent to the department's central office and the office of the department administering the region within which the facility is located, within 60 days after the end of each quarter.

(3) Prepare and file with the department's central office and the departmental region within which the facility is located, an annual report in a form provided by, or acceptable to, the department within 60 days after the last day of the calendar year for which the report is being prepared.

(g) Preparedness and prevention. In addition to the requirements, set forth in the contingency plan in section 360-3.3(k) of this Subpart, all facilities subject to this Subpart must, at a minimum:

(1) Be equipped with the following:

(i) an internal communications system capable of providing immediate emergency instruction to facility personnel, and an alarm system to notify facility personnel of an emergency condition;

(ii) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, and State or local emergency response teams;

(iii) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), and spill control equipment;

(iv) water available at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems; and

(2) Test and maintain as necessary to assure its proper operation, all facility emergency equipment, including, but not limited to communications or alarm systems, and fire protection, spill control, and personal safety equipment.

(3) Provide all personnel involved in the facility operation with immediate access to an internal alarm or emergency communication device.

(4) Provide for an emergency coordinator.

(i) At all times during facility operation, there must be at least one employee with the responsibility for coordinating all emergency response measures who is either on the facility premises or available to respond to an emergency by reaching the facility within a short period of time. This emergency coordinator must be thoroughly familiar with all aspects of the contingency plan, all operations and activities, the location and characteristics of the solid waste, the location of all records, and the facility layout. In addition, this employee must have the authority to commit the personnel, equipment, and financial resources needed to implement the contingency plan.

(ii) Whenever there is an emergency situation, the emergency coordinator must immediately ensure that internal facility alarms or communication systems are activated to notify all facility personnel and, if their help is needed, all appropriate State or local agencies with designated response roles.

(iii) If the emergency coordinator determines that the facility has had a fire or explosion which could threaten human health or the environment beyond the facility, must be reported by the emergency coordinator to the appropriate officials outlined in the contingency plan.

(iv) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires and explosions, do not occur, recur, or spread into other areas of the facility. These measures must include, where applicable, stopping equipment and operations, collecting and containing solid waste, and removing or isolating containers.

(v) If facility operations cease in response to a fire or explosion, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(vi) Immediately after an emergency, the emergency coordinator must provide or arrange for treatment, storage or disposal of solid waste, contaminated soil or water, and any other material at the facility.

(vii) The emergency coordinator must ensure that cleanup procedures are completed and emergency equipment, listed in the contingency plan, is cleaned and prepared for its intended use, if required. The owner or operator must notify the department and appropriate State and local officials when the facility is to resume operations in the affected areas.

(viii) The owner or operator must note in the operating record and the quarterly report, the time, date, and details of any incident that requires implementing the contingency plan and must submit a written report to the department's central office and the office of the department administering the region within which the facility is located within 15 days of the incident. The report must include:

(a) the name, address and telephone number of the operator and the facility;

(b) the date, time, and type of incident (e.g., fire, explosion, etc.);

(c) the type and quantity of materials involved;

(d) the extent of injuries, if any;

(e) an assessment of actual or potential hazards to human health or the environment, where this is applicable;

(f) the estimated quantity and disposition of solid waste, liquids, or material recovered that resulted from the incident; and

(g) the procedures or equipment available to prevent a recurrence of the reported event.

§360-3.5 Ash residue requirements.

(a) General. The following types of ash residue are subject to the requirements of this section:

(1) Ash residue generated by solid waste incinerators providing energy recovery from mass burning of solid waste and burning of refuse-derived fuel, are regulated by this Part provided that:

(i) the facility:

(a) receives and combusts only:

(1) household waste;

(2) solid waste from commercial or industrial sources that does not contain hazardous waste;

(3) other nonhazardous solid waste (including regulated medical waste); and

(b) does not accept hazardous waste;

(ii) the permittee has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous waste is not received at or combusted in such facility.

(2) That generated from the incineration of household waste only, without energy recovery.

(b) Additional requirements. Ash residue generated by solid waste incinerators that receive and combust solid waste other than identified in subclause (a)(1)(i)(a)(1) of this section and do not recover energy, are subject to the procedures for identifying the ash residue generated at the facility as hazardous waste under this Title. If this ash residue is not subject to regulation under Parts 370 through 373 of this Title, the ash residue must be managed in accordance with provisions of this section.

(c) Testing requirements.

(1) The permittee must separately test the bottom ash and the fly ash unless the fly ash and bottom ash are combined, in which case, the combined ash must be tested in accordance with procedures established by the department.

(2) The permittee must conduct testing of the ash residues as follows:

(i) A representative sample of ash residue must be tested for volatile matter on a weekly basis, or other such period authorized by the department:

(a) testing for volatile matter must begin within seven days after commencement of operation;

(b) testing must be performed in accordance with the test procedures for Total Fixed and Volatile Solids in Solid and Semisolid Samples as published in Methods or Chemical Analysis of Water and Wastes,USEP A-6 00/4 -79-020, March 1979, revised March 1983 (see section 360-1.3 of this Part).

(c) Ash residue must contain less than 10 percent volatile matter by weight.

(d) If the ash residue contains more than 10 percent volatile matter as measured by the test identified in clause 360-3.5(c)(2)(i)(b) of this Part, the permittee must prepare a plan identifying a schedule of actions to be undertaken to achieve less than 10 percent volatile matter in the ash residue. This plan must be submitted to the department central office and department regional office in which the facility is located within 30 days after the receipt of the sample test results.

(e) The test results of all such tests must be incorporated into the quarterly report. Records must be maintained in accordance with subdivision 360-1.14(i) of this Part.

(ii) Ash residue must be tested for leaching potential upon exposure to acid and nonacid conditions, and for compositional analysis. Testing must begin within one month following the commencement of operation, and must continue semiannually thereafter.

(d) Testing procedures.

(1) Semiannual testing must be performed in accordance with a department- approved sampling and analysis plan. This Plan shall identify both the sample collection and analytical protocols that must be used to obtain a representative sample of ash residue. This plan must reflect the appropriate scientific criteria for sampling and analysis; considering the heterogeneous characteristics of solid waste to be combusted and ash residue, including seasonal variations, in the constituents of such solid waste and ash residue.

(2) The sampling and analysis plan must include procedures and techniques for:

(i) sample collection;

(ii) sample preservation and shipment;

(iii) analytical procedures for determining leaching potential of arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver upon exposure to both acid and nonacid liquids;

(iv) analytical procedures for analysis of the total content of the following; arsenic, beryllium, barium, cadmium, chromium (total and hexavalent), copper, lead, mercury, nickel, silver, zinc, calcium, iron, silicon, tin, aluminum, chloride, sulfate, and any other parameters determined by the department to be necessary;

(v) chain of custody control;

(vi) means of assuring consistency and quality in laboratory procedures and results; and

(vii) results of the semiannual testing must be submitted to the department central office and departmental region within which the facility is located no later than 60 days after the last date of sample collection.

(e) Management requirement. The ash residue covered by this section is limited to bottom ash that is managed separately, fly ash which is managed separately, combined fly ash and bottom ash, fly ash treated in accordance with paragraph (g)(4) of this section, and ash residue disposed of with mixed solid waste.

(f) Ash residue management plan.

(1) All applications for permits to construct and operate solid waste incinerators must include an ash residue management plan.

(2) This plan must describe the methods, equipment, and structures necessary to prevent the uncontrolled dispersion of ash residue, considering potential pathways of human or environmental exposure, including but not limited to inhalation, direct contact, and potential for groundwater and surface water contamination.

(3) The ash residue management plan must address the generation, handling, storage, transportation, treatment, and disposal or use of ash residue as described in this Subpart.

(4) Generation. The plan must estimate the quantity of bottom ash, fly ash or combined ash generated from the facility on a daily basis. This estimate must identify and quantify those components of ash residue that can potentially be segregated for reuse/recycling before disposal.

(5) Handling. The permittee must design, construct, operate, and maintain ash handling systems that ensure ash residue (whether bottom ash, fly ash or combined ash) is properly wetted or contained to ensure that dust emissions are controlled during on-site and off-site storage, loading, transport, and unloading. The ash residue must be wet enough so that the surface of the ash remains damp after unloading at a landfill.

(6) Storage. The permittee must provide sufficient on-site ash residue storage capacity to ensure that facility operations continue during short term interruptions of ash residue transportation and/or disposal. The quantity of residue stored on-site must be limited to no more than seven times the daily design output. Residue stored on-site may be either:

(i) stored in watertight, leak resistant containers located inside a building or enclosed structure. All containers must allow free liquid to drain from the ash residue during the loading process. Liquid drained during this process must be collected and, if discharged, must meet appropriate discharge limits. Loaded containers may be stored outside of a building or enclosed structure if all free liquid has been drained and the container is sealed and covered to prevent rainwater infiltration or airborne emissions; or

(ii) stored on-site in a waste pile which is located in an enclosed structure. The residue must be placed on an impermeable base. A run-off management system must be provided to collect and control the free liquid that is allowed to drain from the ash residue.

(7) Ash residue transportation. Ash residue must be drained of free liquid before transport. Ash residue transportation containers or vehicles must be watertight and leak resistant, and must be designed and constructed such that any closures at or near the bottom are sealed to prevent leakage under normal transportation conditions. Closures must be fitted with gaskets or materials that will not be deteriorated by the ash. The transport vehicle must be enclosed or covered to prevent the top surface of the load from becoming dried, resulting in fugitive emissions during transport.

(g) Disposal.

(1) The residue management plan submitted pursuant to subdivision 360-3.5(f) of this Subpart must identify the landfill or landfills that will receive the ash residue from the facility.

(2) Fly ash must be disposed of in a monofill having a double composite liner system constructed in accordance with section 360-2.14(b)(2) of this Part.

(3) Except as provided in paragraph (5) of this subdivision, ash residue other than fly ash must be disposed of in any of the following disposal methods:

(i) Except in Nassau and Suffolk Counties, fly ash treated in a manner consistent with paragraph (4) of this subdivision (called, for purposes of this subdivision, "treated fly ash"), combined ash, or bottom ash may be co- disposed with solid waste in a landfill having a double composite liner system constructed in accordance with section 360-2.13 of this Part.

(ii) Except in Nassau and Suffolk Counties, treated fly ash, combined ash, bottom ash, or any combination of same, may be disposed of in a monofill having a single composite liner system constructed in accordance with section 360-2.14(b)(1) of this Part.

(iii) In Nassau and Suffolk Counties, ash residue (including treated fly ash), whether or not co-disposed with other ash residue or with other solid waste, must be disposed of in one or more of the following:

(a) In an existing landfill (as that term is defined in section 360-8.2 of this Part), provided that its construction must satisfy the requirements of section 360-8.3(e) or 360-2.14(b)(2) of this Part;

(b) In a landfill expansion (as that term is defined in section 360-8.2 of this Part). However, no such waste may be disposed of in an expansion in a deep-flow recharge area (as that term is defined in ECL 27-0704). In the case of an expansion constructed before December 31, 1988, the construction must satisfy the provisions of either section 360-8.3(e) or 360-2.14(b)(2) of this Part. In the case of an expansion constructed on or after the effective date of this Part, the construction must satisfy the provisions of section 360-2.14(b)(2) of this Part.

(c) In a new landfill (as that term is defined in section 360-8.2[d] of this Part) outside the deep-flow recharge area. In the case of a new landfill constructed before the effective date of this Part, the construction must satisfy the provisions of either section 360-8.3(e) or 360-2.14(b)(2) of this Part. In the case of a new landfill constructed on or after the effective date of this Part, the construction must satisfy the provisions of section 360-2.14(b)(2) of this Part.

(4) Treatment of fly ash. Treatment of fly ash may be provided if the permittee can demonstrate to the department's satisfaction that the proposed treatment process can physically or chemically alter the fly ash, such that the extract generated upon exposure to acidic and nonacidic conditions does not contain inorganic constituents at concentrations greater than 100 times the respective ground water quality standard set forth in Part 703 of this Title. The inorganic constituents to be analyzed will include, but not be limited to arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver, chloride, copper, iron, sulfate, and zinc. The permittee must establish performance standards and operational criteria for the treatment process and provide documentation, in the form of certified laboratory analyses, that the treatment process, as proposed, can be reliably operated to comply with the performance standard.

(5) Transition. Except in the case of a landfill in Nassau and Suffolk Counties any landfill located elsewhere in the State, that was under construction or operating on December 30, 1988, combined ash, or bottom ash, or fly ash treated in accordance with paragraph (4) of this subdivision may be disposed of in same, even if the landfill does not satisfy the requirements of paragraph (3) of this subdivision if the landfill has adequate leachate management and surface water run-off control, as determined by the department.

(h) Landfill applications. This subdivision applies to the use of ash on solid waste landfills for applications including, but not limited to landfill cover, temporary or permanent roads, part of the final cover or cap, final site grading, or for use as a building or construction material within the boundaries of the landfill.

(1) Bottom ash may be used as described in this subdivision on existing solid waste landfills which meet the requirements of paragraph 360-3.5(g)(5) of this Part, provided that:

(i) The ash to be used in any such application must, at a minimum, comply with the ash residue requirements outlined in subdivision 360-3.5(a) of this Part.

(ii) The ash, or blend of ash with other aggregate materials or reagents (ash product), can be shown to meet the specifications of the specific landfill application or be shown to exhibit performance characteristics required for its intended application.

(iii) The ash or ash product has been tested pursuant to a sampling and analysis protocol acceptable to the department. Samples shall be subjected to the procedures of the Toxicity Characteristic Leaching Procedure and Technical Resource Document SW-924 (see section 360-1.3 of this Part) leaching procedure (using distilled, deionized water as the leaching fluid). The TCLP and each extraction of the SW-924 are required to yield an extract containing less than 100 times the New York State Ground Water Quality Standard for arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver.

(iv) The permittee must submit the results of TCLP and SW-924 leaching tests for at least six representative samples to the department prior to the initiation of the utilization activity; and at least each calendar quarter thereafter to demonstrate that the material meets the leaching requirements as presented in subparagraph 360-3.5(h)(1)(iii) of this Subpart. The permittee shall be required to statistically exhibit 90 percent confidence that the referenced leaching requirements are not exceeded. (Test results generated pursuant to the semiannual testing requirements of subparagraph 360-3.5[c] [2][ii] of this Subpart can be considered to meet the requirements of this subparagraph.)

(v) The permittee submits an operation plan to ensure that potential fugitive dust emissions and run-off during on-site loading, transport, unloading and processing of the ash will be adequately controlled.

(vi) Any part of the ash stream not utilized shall be managed in accordance with subdivision 360-3.5(g) of this Subpart.

(2) Combined ash may be beneficially used on existing solid waste landfills that are in compliance with all the provisions of Subpart 360-2 of this Part, provided that the permittee complies with the requirements of subparagraphs 360-3.5(h)(1)(i)-(vi) of this Subpart for the combined ash or combined ash product.

(i) Ash residue beneficial use. This subdivision applies to ash residue in the form of bottom ash only, fly ash only, or combined ash that is proposed to be beneficially used as an ingredient or as a substitute for a raw material.

(1) The permittee must demonstrate to the department's satisfaction that the resulting material: is not a waste; has a known market or disposition; is not accumulated on speculation; and that contractual arrangements have been made with a second person for use as an ingredient in a production process and that this person has the necessary equipment to do so.

(2) In addition to the requirements in section 360-1.15 of this Part, the permittee also must:

(i) chemically and physically characterize the ash residue and each finished product or products, and identify the quantity and quality to be marketed;

(ii) describe the proposed method of application or use, potential markets and potential marketing agreements;

(iii) demonstrate that the intended use will not adversely affect the public health, safety, welfare or the environment; and

(iv) if the use of the ash residue includes mixing with different types of materials, a description of each mixture must be provided.

(3) The beneficial use of ash residue does not relieve the permittee from compliance with section 360-3.3(d) of this Subpart dealing with the identification of the ash residue and bypass waste landfill or landfills.