Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 360. SOLID WASTE MANAGEMENT FACILITIES
SUBPART 360-3. SOLID WASTE INCINERATORS OR REFUSE-DERI
Date:
08/31/2009
Document:
ยง 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 run-off 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 subdivision 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 subdivision 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 regulated hazardous 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.
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