6 CRR-NY 361-3.3NY-CRR
6 CRR-NY 361-3.3
6 CRR-NY 361-3.3
361-3.3 Anaerobic digestion facilities.
(a) Exempt facilities.
The following facilities are exempt from this Subpart when operated in a manner that does not produce vectors, dust or odors that unreasonably impact neighbors of the facility, as determined by the department. The digestate must be stored and used in a manner that is protective of the environment.
(1) An anaerobic digestion facility located at a site controlled by the waste generator, in accordance with section 360.14(c)(1) of this Title.
(2) An anaerobic digestion facility that accepts only animal manure and bedding.
(3) An anaerobic digestion facility that accepts no more than 1,000 pounds or 1 cubic yard, whichever is greater, of SSO per week on a monthly average. No more than 2,000 pounds can be accepted in any week.
(4) An anaerobic digestion facility located on a CAFO or a farm with an approved CNMP provided that the waste accepted is limited to manure, food processing waste, fats, oil, grease, and other organic wastes without sanitary content. The non-manure waste received must not exceed 50 percent, by volume, of waste placed in the anaerobic digester on an annual basis. Anaerobic digestion facilities that are not owned by the farm must be covered by the farm’s CAFO approvals. Digestate is managed as follows:
(i) land application of the digestate, provided the nutrient loading is addressed in a CNMP is exempt. Otherwise, registration under section 361-2.3(b) of this Part is required;
(ii) use of dewatered solids for animal bedding is exempt;
(iii) use of blended dewatered solids as a topsoil (no more than 50 percent digestate in the mix), provided the material does not cause odors when stored or used is exempt;
(iv) a composting facility for the dewatered solids located on a farm is exempt. Otherwise, registration under section 361-3.2(b)(4) of this Subpart is required; and
(v) storage of liquid digestate, other than at a CAFO or a farm that otherwise has an approved CNMP, must be in compliance with National Resource Conservation Service (NRCS) code NY313.
(b) Registered facilities.
Facilities of the following types are subject to the registration provisions of section 360.15 of this Title unless otherwise exempt. Each facility must comply with the criteria in section 360.19 of this Title and the operational criteria in subdivision (c) of this section.
(1) An anaerobic digestion facility that accepts less than 50 tons of waste per day or is located on a CAFO or a farm with an approved CNMP. The waste must not contain sanitary content. Incoming waste must be stored in a vessel or other enclosed device and odors must be controlled. Digestate must be managed as follows:
(i) land application of the digestate, provided the nutrient loading is addressed in a CNMP is exempt. Otherwise, registration under section 361-2.3(b) of this Part is required;
(ii) use of the dewatered solids for animal bedding is exempt;
(iii) use of the blended dewatered solids as a topsoil (no more than 50 percent digestate in the mix) is exempt, provided they do not cause odors when stored or used;
(iv) a composting facility for the dewatered solids located on a farm is exempt. Otherwise, registration under section 361-3.2(b)(4) of this Subpart is required; and
(v) storage of liquid digestate, other than at a CAFO or a farm that otherwise has an approved CNMP, must be in compliance with National Resource Conservation Service (NRCS) code NY313.
(c) Operating criteria for registered facilities.
A registered facility must be operated in compliance with section 360.19 of this Title and the following conditions:
(1) Material accepted cannot remain at the facility for more than 24 months.
(2) The facility must be constructed to minimize any ponding, and run-off must be effectively controlled.
(3) Waste accepted must be stored in a vessel or in an enclosed area.
(4) The facility must be at least 200 feet from the nearest surface water body, potable water well and State-regulated wetland, unless other means to protect water resources are approved by the department.
(5) The facility must be at least 200 feet from the nearest residence or place of business. This exclusion does not apply to the waste generating business or any residence or place of business built after the facility began operation. The buffer area can be reduced by the department if means acceptable to the department are used to reduce the potential for odor transmission.
(6) The facility must keep written records of all materials entering and leaving the facility and the corresponding dates.
(7) All waste received must be source-separated. Material received in its original packaging (for example, off-spec drinks) that will be depackaged prior to digestion is allowed.
(8) Digestate must be used in a manner that does not cause negative animal health or environmental impacts. If used as a soil amendment, agronomic rates must be followed.
(9) The facility must not produce odors that unreasonably impact sensitive receptors, as determined by the department. The department can require a reduction in the amount of waste accepted, or other actions, to address odor issues.
(d) Permit application requirements.
An anaerobic digestion facility that does not qualify for an exemption or a registration under this Subpart must obtain a permit and must submit an application that includes the requirements identified in this section and section 360.16 of this Title. The application must include the following:
(1) A detailed description of the source, quality, and quantity of all waste to be digested, including the source, quality, and expected quantity of any seed material. The description must include the annual input and any seasonal variations in the waste type and quantity, and the appropriate quality data, as determined by the department. If SSO is accepted:
(i) A detailed description of the source-separation program at the point of generation, including how unacceptable wastes are separated from the SSO stream. For residential SSO, this must include a copy of all educational literature or other information provided to residents, and a description of the container(s) that will be used. For commercial and institutional SSO, this must include a copy of any agreements or information concerning what can be accepted from the generator and the collection containers that will be used.
(2) An operation plan that includes:
(i) a description of how the facility will comply with the operating requirements in Part 360 of this Title and subdivision (e) of this section;
(ii) a description and the capacity of the storage structures and the digesters;
(iii) a description of all preprocessing and post-processing methods and equipment used to identify and remove all nonprocessible materials and a copy of all agreements or educational activities that will be used to outline acceptable materials for the facility;
(iv) a description of the storage and disposal location for nonprocessible materials;
(v) a process flow diagram of the entire process, including all major equipment and flow streams. The flow streams must indicate the quantity of material on a wet weight, dry weight, and volumetric basis;
(vi) an outline of the processing duration, including the time period from acceptance of waste to completion of digestion and to distribution of the product;
(vii) a description of the air emission collection and control equipment, if used; and
(viii) a description of the method used to control surface water run-off and to manage leachate, including the method for treatment or disposal of leachate generated.
(3) An odor control and response plan. The plan must describe how odors will be monitored and how any odor problems will be addressed.
(4) A digestate use plan that includes:
(i) a description of the use(s) for the digestate (liquid, solids, or combined), including the approximate quantity of each type of user, the frequency of distribution, the expected use of the material, and the source of this information (such as contract or phone survey);
(ii) the method for removing digestate from the facility and any off-site storage;
(iii) a description of the proposed management of digestate that cannot be used in the expected manner due to poor quality or change in market conditions; and
(iv) a copy of the label or other information source for the digestate.
(5) A detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction including:
(i) the methods that will be used for pathogen reduction and vector attraction reduction; and
(ii) the monitoring and data gathering that will be used to demonstrate compliance including type, location, and frequency.
(6) Biosolids, septage, and other sludges. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, the application must include the following information. Wastewater and partially treated biosolids or septage that are generated at one wastewater treatment facility and treated at another wastewater treatment facility before digestion are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated for digestion are subject to this paragraph.
(i) A description of each proposed source of waste including the name of the generator, the annual quantity of waste produced, the amount of waste to be digested, and any seasonal variations in the quantity or quality during the year. Also, a description of the Federal or State pretreatment program, if required; and
(ii) A description of the quality of the waste, including analytical results, as outlined below:
(a) the required parameters for analysis are in Table 1 of section 361-3.9 of this Subpart;
(b) the minimum number of analyses for each waste source that must be submitted with the application is dependent upon the amount of waste that will be digested annually, outlined in Table 2 in section 361-3.9 of this Subpart;
(c) for each analysis, the sampling date, location, and protocol used to obtain representative samples must be indicated;
(d) a minimum of six months of waste production must be represented by the analytical results submitted. With the exception of pH and total solids, all results must be reported on a dry weight basis;
(e) analyses for other pollutants can be required by the department, on a case-specific basis, based on the characteristics of the waste and information from the pretreatment program and other sources;
(f) each analysis must be performed by a laboratory certified by the Department of Health for that type of analysis, using methods acceptable to the department, unless use of an alternate laboratory is authorized by the department. Copies of the original laboratory results must be included with the permit application;
(g) the analysis requirement can be satisfied in part or in whole by recent samples analyzed for and reported to the department;
(h) analyses performed more than one year before the date the permit application is submitted are not acceptable;
(i) all samples must be representative of the waste to be processed; and
(j) a table summarizing the analytical results must be provided, including the mean and range of results found.
(7) Municipal solid waste. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, the application must include:
(i) a description of the recyclables separation and reuse program, the management of household hazardous waste (HHW), and the radioactive waste detection program, including:
(a) the methods used for removing recyclables, at the point of generation and at the facility;
(b) the method and length of storage for recyclables;
(c) the markets for recyclables;
(d) the method used to remove HHW from the waste stream, at the point of generation and at the facility;
(e) the ultimate management method for HHW collected;
(ii) a radioactive waste detection plan that includes procedures for detecting prohibited radioactive material; operation and maintenance documents for radiation detectors including investigation alarm setpoint settings and calibration methods; and response procedures to be implemented when radioactive waste is detected.
(e) Design and operating requirements.
An anaerobic digestion facility required to obtain a permit must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria.
Facility criteria.
(1) Stormwater must be diverted away from the operating area.
(2) All leachate must be collected and disposed in a manner approved by the department. All leachate storage facilities must be completely emptied, cleaned, and inspected every 12 months.
(3) The waste storage area, processing area, leachate storage and liquid digestate storage area must be located in tanks or on surfaces that minimize leachate release into the groundwater under the facility and the surrounding land surface, such as asphalt (except for leachate storage), concrete, or drying beds that have underdrains for leachate collection. All leachate or liquid digestate storage structures, other than tanks, must be designed in accordance with Subpart 361-2 of this Part or code NRCS NY313, as incorporated by reference in section 360.3 of this Title. The following criteria also apply.
(i) If low permeability soils are used, the liner must be a minimum of two feet of compacted soil having a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second. The soil material particles must be able to pass through a one-inch screen. The applicable criteria in Part 363 of this Title must be met.
(ii) If a geomembrane is used, the liner system must be designed and built in accordance with the applicable criteria in Part 363 of this Title.
(iii) If a surface impoundment is used for leachate storage, a minimum of two feet of freeboard must be maintained. In addition, the bottom of the liner system must be a minimum of five feet above both seasonal high groundwater elevation and the top of bedrock.
(iv) Dewatered digestate solids must be stored in a manner that will minimize run-off. All run-off generated must be contained on-site.
(4) All incoming waste must be stored in a tank or in an enclosed storage area.
(5) The facility must be operated in a manner to control the generation and migration of odors to a level that is to be expected from a typical facility operated in compliance with the regulatory criteria of this Subpart, as determined by the department.
(6) The minimum horizontal separation distance as measured from the facility to the nearest residence, place of business or public contact area (except turf farms and plant nurseries) is 200 feet for SSO, and 500 feet for other wastes. In addition:
(i) the separation distance requirement from a public contact area can be reduced for totally enclosed facilities or other mitigating landscape features, as determined by the department;
(ii) the separation distance requirement applies at the time the permit application is submitted to the department. The facility is not required to comply with the separation requirement with respect to construction of nearby residences, places of business or public contact areas subsequent to the permit application; and
(iii) the separation distance requirement for a residence does not apply to the residence of the facility landowner or operator. For a municipal permittee, land owned by any agency or department of the municipality is considered to be owned by the municipality.
(7) The operation of the facility must follow acceptable methods of anaerobic digestion that results in the biochemical decomposition of the organic material received.
(8) If the facility accepts SSO, the generator must have active collection programs designed to collect organic waste separate from other recyclables and waste materials and to remove inorganic and nonprocessible materials from the SSO generated. The facility must also have provisions for inspection and removal of nonprocessible materials received.
(9) The facility is prohibited from accepting wastes that do not positively contribute to the digestion process or the quality of the product, as determined by the department. Prohibited waste includes, but is not limited to, C&D debris, and ash from the combustion of municipal solid waste.
(10) Storage of digestate at the facility must not exceed 12 months.
(11) Nonprocessible waste and unacceptable product must be disposed at least weekly.
(12) For facilities accepting municipal solid waste:
(i) a recyclables separation program and a HHW collection program must be in place in the generating community(ies) and at the facility;
(ii) recyclables must be removed from the waste stream before digestion;
(iii) a fixed radiation detection unit must be installed and operated at a location appropriate for the monitoring of all incoming waste. In addition:
(a) the investigation alarm setpoint of the radiation detector must be set at least two times but no greater than five times background radiation levels;
(b) the concentration of radium-226 in any waste digested at the facility can not exceed 25 pCi/g;
(c) background radiation readings at the facility must be measured and recorded at least daily;
(d) field checks of the radiation detector utilizing a known radiation source must be performed and recorded at least weekly;
(e) the radiation detector must be calibrated at least annually or more often as recommended by the manufacturer, and documentation describing the calibration must be maintained at the facility; and
(f) each instance in which the radiation detector is triggered by a waste load must be documented and reported to the department within 24 hours. Recorded information must include the date the waste was received, transporter name, origin of the waste, truck number or other identifying marking, detector reading, disposition of the waste, and date of disposition.
(13) The anaerobic digestion facility must comply with the pathogen and vector attraction reduction criteria outlined in section 361-3.7 of this Subpart unless the potential for pathogen content is very low compared to biosolids, as determined by the department, or a facility that accepts sanitary waste operates as Class B pathogen reduction in conjunction with a permit for land application under Subpart 361-2 of this Part.
(14) Digestate that does not meet the criteria in this section is considered a waste and must be disposed.
(15) Digestate can be distributed for use for food crops, feed crops, and fiber crops.
(16) Digestate must not contain pollutant levels greater than those found in Table 6 of section 361-3.9 of this Subpart. The addition of materials to the process or digestate for dilution purposes is not allowed.
(17) The digestate must not contain more than two percent total gross contaminants by weight (dry weight basis).
(18) The digestate must be able to pass through a one-inch screen.
(19) If distributed to the public, the material product must be mature and must be used in a legitimate manner as a soil amendment.
(20) Digestate derived from sanitary waste or other waste with pathogen content that has not met Class A pathogen reduction and vector attraction reduction standards can only be land applied in accordance with a permit under Subpart 361-2 of this Part or composted under a permit according to section 361-3.2 of this Subpart.
(21) Use of the digestate, other than the scenario outlined in (d)(20) of this section, is subject to the following criteria:
(i) land application of the solids and/or liquid produced by the anaerobic digestion facility is exempt, provided the nutrient loading is addressed in a CNMP. Otherwise, registration under section 361-2.3(b) of this Part is required;
(ii) use of the dewatered solids for animal bedding is exempt;
(iii) use of the blended dewatered solids as a topsoil (no more than 50 percent digestate in the mix) is exempt, provided they do not cause odors when stored or used; and
(iv) composting of the dewatered solids at an exempt composting facility is also exempt provided the solids do not exceed 25 percent (by volume) of the incoming waste annually. A composting facility for the dewatered solids with an amendment or bulking agent requires registration under section 361-3.2(b)(4) of this Subpart.
(22) An information label must be affixed to the packaging or, for bulk, an information sheet, sign, or brochure must be used, containing:
(i) the name and address of the generator of the material;
(ii) the type of waste from which the material was derived; and
(iii) recommended safe uses, application rates and storage practices.
(23) For anaerobic digestion facilities that accept biosolids, septage, or other sludges, each waste source must not exceed the pollutant concentrations found in Table 6 of section 361-3.9 of this Subpart, unless the waste source is a minor (less than 10 percent of the total dry weight of sludges accepted) component of the input to the facility and a program is developed to identify and reduce the pollutant(s) that exceed the limits for that waste source. This requirement does not apply to digestate that will be used outside New York State.
(i) If a waste input, other than a minor source, contains metals at concentrations greater than those set forth in Table 6 of section 361-3.9 of this Subpart, the waste cannot be accepted at the facility until the generator has implemented a pollutant identification and abatement program and compliance with the requirements of this paragraph has been demonstrated for waste representing a period of at least six continuous months. At least six analyses for total solids and the parameter of concern must be provided to demonstrate compliance. This requirement does not apply to products used outside New York State.
(ii) Wastewater and partially treated biosolids that are generated at one wastewater treatment facility and are further treated at another wastewater treatment facility before digestion are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated for digestion are subject to this paragraph.
(24) Any material added to the process must not contain pollutants in concentrations that exceed the levels found in Table 6 of section 361-3.9 of this Subpart.
(25) Analysis of the digestate is required for the parameters in Table 1 of section 361-3.9 of this Subpart. The frequency of sampling is specified in Tables 4 and 5 of section 360-3.9 of this Subpart. All samples must be representative of the material that will be distributed. With the exception of pH and total solids, all results must be reported on a dry weight basis. Copies of the original laboratory results must be included.
(i) Each sample must be a composite of at least five grab samples.
(ii) After the digestate has been monitored for two years at the frequency outlined in this paragraph, the department can reduce the annual number of analyses required if the material quality consistently meets the standards in Table 6 of section 361-3.9 of this Subpart.
(iii) For digestate derived from non-sanitary waste, the required analyses can be reduced depending on the use of the material, as determined by the department.
(26) Sufficient monitoring data must be obtained to demonstrate compliance with the pathogen and vector attraction reduction requirements, if applicable. The frequency and type of monitoring necessary, based on the methods employed to achieve pathogen and vector attraction reduction, will be determined by the department.
(27) The department can require analyses of the material for maturity before distribution. This can include, but is not limited to, organic matter reduction, plant growth impact, or oxygen consumption.
(28) Each biosolids, septage, and sludge source must be analyzed in accordance with the following:
(i) The required parameters for analysis are found in Table 1 of section 361-3.9 of this Subpart.
(ii) The minimum number of analyses required depends on the quantity of waste digested, as outlined in Table 3 of section 361-3.9 of this Subpart.
(iii) With the exception of pH and total solids, all results must be reported on a dry weight basis. After the waste has been monitored for two years at the frequency outlined in this paragraph, the department can reduce the annual number of analyses required if the waste quality consistently meets the quality standards.
(iv) Wastewater and partially treated biosolids or septage that are generated at one wastewater treatment facility and treated at another wastewater treatment facility before beneficial use are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated for beneficial use are subject to this paragraph.
(29) For other wastes, analyses of the input waste can be required, as determined by the department, based on the characteristics of the waste. The extent and frequency of sampling will be determined by the department.
(30) The annual report must include:
(i) all information and analyses required by this Subpart;
(ii) the type and quantity of the waste digested, including the source of the material;
(iii) process operational information including monitoring data and significant facility operational problems and any actions taken to correct problems;
(iv) for facilities that accept biosolids, the following certification statement must be signed by an authorized representative of the facility, with an indication of the name and title of the individual signing:
“I certify, under penalty of law, that the information that will be used to determine compliance with the requirements in Subpart 361-3 of 6 NYCRR Part 361 has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that false statements made herein are punishable pursuant to section 210.45 of the penal law.”
(v) the quantity, by weight and volume, of digestate generated at the facility and the quantity of material removed from the facility; and
(vi) a description of the use of the digestate.
6 CRR-NY 361-3.3
Current through March 15, 2022
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