§ 19-0304. Burning of hazardous wastes.

1. Any person applying for a permit to burn hazardous waste pursuant
to the department's rules and regulations shall be subject to the
requirements of this section.

For the purposes of this section, all burning of hazardous wastes
shall be subject to the provisions of this section, including combustion
for the recovery of the thermal value of such wastes.

As used in this section, the term "hazardous waste" shall have the
same meaning as provided in subdivision three of section 27-0901 of this
chapter except that it shall not include wastes classified as hazardous
wastes solely because they are ignitable.

2. Prior to the issuance of such permit the commissioner may require
the applicant to submit a trial burn plan. The trial burn plan shall
include but need not be limited to those items among the following which
the commissioner determines to be necessary:

a. An analysis of the waste or mixture of wastes to be burned;

b. An engineering description of the incinerator, process, or
combustion installation for which the permit is being sought;

c. A test protocol, including but not limited to the following for
each waste type:

(1) identification of waste type,

(2) waste feed rate,

(3) combustion air rate,

(4) combustion chamber temperature,

(5) gas residence time in combustion chamber,

(6) identification of actual and if used, surrogate principal organic
hazardous constituents (hereinafter referred to as "POHC") selected from
the list in appendix VIII of Part 261 of Title 40 code of Federal
Regulations,

(7) feed rate of actual POHC and if used, surrogate POHC,

(8) type and feed rate of auxiliary fuel,

(9) anticipated identification and flow rate of fuel products,

(10) estimated combustion efficiency and POHC destruction and removal
efficiency,

(11) methods of waste sampling and analysis,

(12) methods of stack sampling and analysis;

d. Procedures for rapidly stopping waste feed, shutting down the
incinerator, process, or combustion installation, and controlling the
emissions in the event of an equipment malfunction;

e. Such other information as the commissioner reasonably finds
necessary to determine whether approval of the trial burn plan will
ensure compliance with applicable performance standards.

3. The commissioner shall approve a trial burn plan if he finds that:

a. The trial burn will not present an imminent hazard to human health
or the environment;

b. The trial burn is likely to determine whether the incinerator,
process or combustion installation meet applicable performance
standards.

If the trial burn plan is not approved by the commissioner, he shall
state in writing the reasons for such disapproval to the applicant. If
the trial burn plan is approved by the commissioner, the owner/operator
shall only be required to perform a trial burn in accordance with the
approved trial burn plan. Notwithstanding the foregoing limitation, the
department may require a modification of the trial burn plan pursuant to
a written finding by the commissioner that such a modification is
required to protect the public health or the environment. Stack tests
shall be performed according to procedures established by the
commissioner to determine waste destruction and removal efficiency. The
commissioner may conduct tests to insure that trace levels of toxic air
contaminants are within acceptable limits.

4. After any approved trial burn, the applicant shall submit to the
commissioner a certification that the trial burn has been carried out in
accordance with the trial burn plan. This report shall be made within
sixty days of the trial burn. In addition, after each approved trial
burn, the applicant must furnish such information and data as required
by the commissioner pursuant to the approved trial burn plan.

5. The commissioner must either approve or disapprove the application
for an activity that includes the burning of hazardous wastes. If the
commissioner approves such application, the permit must specify the
operating conditions which must be met in burning such wastes. Such
permit must also specify the waste types described in the approved trial
burn plan. If it is necessary for the permittee to seek a modification
of the permit deemed significant by the department with respect to the
burning of hazardous waste or wastes, the commissioner may require a new
trial burn plan for the department's review.

6. If the commissioner disapproves such application he must notify the
applicant in writing of the reasons for such disapproval.

7. At a minimum, the owner or operator must continuously monitor the
combustion temperature, waste feed rate and combustion air rate when
burning hazardous wastes or use another system, subject to the approval
of the commissioner which provides at least equal assurance of on line
efficiency.

The commissioner shall require the owner or operator to periodically
inspect the incinerator, process, or combustion installation and
associated equipment to ensure that combustion efficiency is maintained.
The owner or operator must also inspect the alarm system and emergency
shut down controls at least every month, or as required by the
commissioner.

8. The commissioner, authorized officers or employees of the
department may enter any facility with an incinerator, process, or
combustion installation at any reasonable time, after proper
notification and identification, to conduct an inspection of the
installation and any records maintained pursuant to the permit.

9. The commissioner may accept a previously conducted stack test in
lieu of a trial burn plan and associated stack tests required under this
section.