Sec. 219-2.6. Emission testing

(a) The commissioner must be notified in writing at least 10 days prior to the commencement of initial municipal solid waste firing.

(b) Scheduling intervals for emission tests required by the commissioner are as follows:

(1) once within 60 days after achieving the maximum production rate at which the affected unit will be operated, but not later than 180 days after first receipt of municipal solid waste at the affected facility;

(2) once after 12 months, but within 18 months of such receipt;

(3) once after 30 months, but within 36 months of such receipt;

(4) once after 48 months, but within 54 months of such receipt; and

(5) subsequently as determined necessary by the commissioner on the basis of operating history; significant changes to facility equipment or operation; any permit exceedances pertaining to emissions; or any new information determined to be significant by the commissioner. In no event will the interval between such subsequent tests exceed five years, with the first of such tests occurring no more than five years from the date of the test indicated in paragraph (4) of this subdivision.

(c) A preliminary emission test protocol must be submitted to the commissioner at least 180 days prior to emission testing, and a final emission test protocol must be submitted at least 90 days prior to such testing. The configuration of breeching, stack and test port locations, and access to the test port locations must be acceptable to the commissioner.

(d) Witnessing by a department representative of all emission tests is required. Results of any emission test done either in the absence of an approved protocol, or which is not witnessed, will not be accepted.

(e) Copies of emission test results and a report summarizing the results of emission testing and associated ambient air impacts must be submitted to the commissioner and other agencies as set forth in subdivision (f) of this section within 120 days after completion of the tests.

(f) Protocols, reports and notifications.

Protocols, reports and notifications required to be submitted to the commissioner under provisions of this Subpart shall be sent as follows:

(1) one copy to the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233;

(2) one copy to the regional air pollution control engineer at the appropriate regional office of the department; and

(3) copies to the appropriate county health department, county environmental quality agency, and other governmental agencies as required by the commissioner.

(g) Air emission tests are required for particulates; carbon monoxide; carbon dioxide; oxygen; sulfur dioxide; nitrogen dioxide; hydrogen chloride and trace contaminants, including but not limited to heavy metals (arsenic, beryllium, cadmium, total chromium, hexavalent chromium, copper, lead, mercury, nickel, zinc), polychlorinated dibenzo-p-dioxins, polychlorinated dibenzo furans, total polycyclic aromatic hydrocarbons (PAH), formaldehyde, and polychlorinated biphenyls (PCB's). Testing of congeners of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo furans is required, as specified by the commissioner. The commissioner may require testing for additional contaminants or delete contaminants from this list for good cause.