CHAPTER IV QUALITY SERVICES 

### § 373-3.1



## SUBPART 

## 373-3

INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES

Sec.**373~3.1** General 373-3.2 General facility standards 373-3.3 Preparedness and prevention 373-3.4 Contingency plan and emergency procedures 373-3.5 Manifest system, recordkeeping and reporting 373-3.6**Ground~water** monitoring 373-3.7 Oosure and post-closure 373-3.8 Financial requirements 373-3.9 Use and managementofcontainers 373-3.10 Tank systems 373-3.11 Surface impoundments 373-3.12 Waste piles 373-3.13 Land treatment 373-3.14 Landfills 373-3.15 Incinerators 373-3.16 Thennal treatment 373-3.17 Chemical, physical andbiological treatment 373-3.18 Underground injection 373-3.19-373-3.22 [Reserved] 373-3.23 Drippads 373-3.24-373-3.26 [Reserved] 373-3.27 Air emission standards for process vents**373~** 3,28 Air emission standards for equipmentleaks 373-3.29 Air emission standards for tanks, surface impoundments, and containers 373-3.30 Containmentbuildings**373~3.31** Hazardous waste munitions and explosives storage

Historical Note Subpart (§§ 373-3.1**~373-3.18)** filed May 14, 1985 eff. 60 days after filing. 

### § 

### 373-3.1 General.

(a) Purpose, scope and applicability. (1) 

### The purpose of this Subpart is to 

### establish minimum statewide standards that define the acceptable management of hazardous waste during the period ofinterim status and until certification of final closure or, ifthe facility is subject to post-closurerequirements, until**post~closure** 

### responsibilities are fulfilled.

(2) Except as provided in section 373-3.29(a)(2) of this Subpart, the standards in this Subpart, and ofsection 373-2.19(a), (b) and (c) ofthis Part, apply to 

### owners and operators of facilities which treat, store or dispose ofhazardous waste who have fully 

### complied with the requirements for interim status under section 373-1.3 ofthis Part, until final disposition oftheir permitapplicationis made, oruntil applicable Subpart**373~3** 

### closure andpost-closure**responsi~** 

### bilities are fulfilled, and to those owners and operators offacilities in 

### existence on November 19, 1980, who have failed to 

### provide timely notification as required by Subpart**373~** 

### 1 ofthis Part and/orfailed to file part A ofthe permit application as required by section 373-1.3(b), (d), (e) and (i) ofthis Part. These standards apply to all treatment, storage ordisposal ofhazardous waste at these facilities after November 19, 1980, except as specifically provided otherwise in Part 371 ofthis Title.

Note: Afterthe effective date ofNovember 19, 1980, and as stated in Subpart 373-1 ofthis Part, thetreatment, storage ormsposal ofhazardous waste

01-15-2002 6375 ConservationTITLE 6 ENVIRONMENTAL CONSERVATION

at a new facility is prohibited except in accordance with a pennit or at those facilities which qualify for interim status after this date. (3) The requirements ofthis Subpart apply to a person disposing ofhazardous waste by

means ofoceandisposal, subjectto apennitissued underthe Marine Protection, Research, and Sanctuaries Act, only to the extent they arc requiredby the exemption granted to such aperson under section 373-1.1 (d) ofthis Part. 

### Nole: These Subpart373-3 regulations do apply to the treatmentor storage of hazardous waste before it is loaded onto an ocean vessel for incinera· tion ordisposal at sea. (4) {RS68P\

## 8sq (5) The requirements of this Subpart apply to a person whose facilities or portion of facilities are exemptedunder section 373-1.l(d) ofthis Partonly to the extentthey are required by an exemption granted to such a person under section 373-1.1(d).

(6) The requirements of this Subpart apply to those portions 

### Of a facility managing the recyclablematerials describedin section 373-1.1 (g)(1 )(ii) and (iv) ofthis Partonlytothe extent that requirements of this Subpart are referred to in sections 374-1.3, 374-1.6, 374-1.7 or

. 374-1.8ilr Sl'Iel'ftl't 371 

## r. eftollh Titlt. (7) The following hazardous wastes mustnotbe managed atfacilities subject to regulation underthis Subpart:

. (i) EPA hazardous waste numberF020, FOZI, F022, F023, F026 or F027 unless:



### (a) the wastewatertreatment sludge is generatedin a surfaceimpoundment as partof the facility's wastewater treatment system;

(b) the waste is stored in tanks orcontainers; (c) the waste is stored ortreated in waste piles that meet the requirements ofsection 373-2.12(a)(3) ofthis Part as well as all otherapplicable requirements ofsection 373-3.12**6f~S~~** _

(d) the waste is burned in incinerators that are certified pursuantto the standards and procedures in section 373-3.15(1) ofthis Subpart; or

(e) the wasteisburnedinfacilities thatthennally treatthewastein adevice otherthan

an incinerator and that are certified pursuant to the standards and procedures in section 373-3.16(g) ofthis Subpart. (8) The requirements ofthis Part apply to owners oroperators ofall facilities which treat, store or dispose of hazardous waste referred to 

### in Part 376 of this Title, and the Part 376 standards are considered material conditions orrequirements ofthis Subpart.

(9) Universal waste handlers andtransporters (as defined in section 370.2[b] ofthis Title)

are subject to regulation under Subpart 374-3 of this Title, when handling the below-listed universal wastes: (i) batteries as described in section 374-3.l(b) ofthis Title; (ii) pesticides as described in section 374-3.l(c) ofthis Title; (iii) thennostats as describedin section 374-3.1 (d) ofthis Title; and (iv) lamps as described in section 374-3.I(e) ofthis Title. (10) Section 374-1.13(1) of this Title identifies when the requirements of this Subpart applyto the storage ofmilitary munitions classified as solidwaste under section 374-1.13(c) of this Title. The treatment and disposal ofhazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Parts 370 through Subpart 374-1 and Part 376 ofthis Title. (b) 

### Imminenl hazard 

### action. Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuantto section 71-0301 ofthe EeL or section 7003 of ReRA (see section 370.1[e] ofthis Title).

Historical Note Sec. fued May 14, 1985; amds. filed: May 2,1986; Dec. 2,1991; Nov. 15, 1994; Sept. 20, 1996; Sept. 29,1998; Jan. 14,2002 eff. 60 days afterfiling. Amended (a)(2), (9).

6376 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.2



### § 373-3.2 General facility standards.

(a) Applicability. (l) The regulations in this section apply to owners and operators ofall hazardous waste facilities, except as section 373-3.1 provides otherwise. (b) Identification number. Every facility owner or operator must apply to EPA for an EPA identification numberin accordance with the EPA notification procedures (45 ,FR 12746, etseq.) (see section 370.1 [eJ ofthis Title).

(c) Requirednotices. (1) The owner or operator ofa facility that has arranged to receive hazardous waste from a source outside of the United States must notify the Department in writing atleastfour weeks in advance ofthe date on which the first shipmentofa given waste is expected to arrive atthe facility. The owneroroperatorofa facility thathas arranged to receive hazardous waste from an DEeD country, as defined in section 372.5(h)(l) ofthis Title must also notify the EPA regional administerin writing at leastfour weeks in advance ofthe date on which the first shipment of a given waste is expected to arrive at the facility. Notice of subsequent shipments ofthe same waste from the same foreign source is notrequired.

(2) Before transferring ownership oroperation ofa facility during its operating life, orofa disposal facility during the post-closure care period, the owneroroperatormust notify the new
owner or operator, in writing, ofthe requirements of this Subpart and Subpart 373-1 ofthis Part.

Note: An owner's oroperator's failure to notify the new owneroroperator of the requirements ofthis Subpart in no way relieves the new owner or operatorofthis obligation to comply with all applicable requirements. (d) Generalwaste analysis.

(1) (i) Before an owner or operatortreats, stores or disposes ofany hazardous waste, or nonhazardous waste ifapplicable under section 373-3.7(d)(4) ofthis Subpart, the owner or operator mustobtain a detailed chemical and physical analysis ofarepresentative sample or" the wastes. At a minimum, this analysis must contain all the information which must be known to treat, store or dispose ofthe waste in accordance with the requirements of this Subpart and Part 376 ofthis Title.

(ii) The analysis may include data developed under Part 371 ofthis Title and existing published ordocumented data onthe hazardous waste oron hazardous waste generatedfrom similar processes.

Note: For example, the facility's records ofanalyses performed on the waste before the effective date ofthese regulations, or studies conducted on hazardous waste generated from processes similarto that which generated the waste tobe managed atthe facility, maybe includedinthedata base required to comply with subparagraph (i) ofthis paragraph. The

owneror operatorofan offsite facility may arrange forthe generatorof the hazardous waste to supply part or all ofthe information requiredby subparagraph (i) of this paragraph, except as othenvise specified in section 376.1(g)(2) and (3) of this Title. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operatoris responsible for obtainingthe information required to comply with this subdivision. (iii) The analysis must be repeated as necessary to ensure that it is accurate and**up~to** date. At a minimum, the analysis mustbe repeated: (a) when the owneroroperatoris notified, orhas reason tobelieve, thatthe process or operation generating the hazardous waste or nonhazardous waste, if applicable, under section 373-3.7(d)(4) ofthis Subpart has changed; and

(b) for offsite facilities, when the results of the inspection required in subparagraph (iv) ofthis paragraph indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

10·31·98 6377 Conservation

### § 373-3.2 TI1LE 6 ENVIRONMENTAL CONSERVATION

(iv) The owner or operator ofan offsile facility must inspect and, ifnecessary, analyze each hazardous waste movement received at the facility to determine whetherit matches the identity ofthe waste specified on the accompanying manifest or shipping paper. (2) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which 

### will be carried out to comply with paragraph (1) of this subdivision. This plan must be kept at the facility. At a minimum, the plan must specify: (i) 

### theparameters for which eachhazardous waste, ornonhazardous waste, 

### ifapplicable, under section 373-3.7(d)(4) of Ibis Subpart will be analyzed and the rationale for the selection ofthese parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply withparagraph [1] oftrus subdivision);

(ii) the test methods which will be used to test for these parameters; (iii) the sampling method which will be used to obtain a representative sample ofthe waste to be analyzed. A representative sample may be obtained using either: (a) one ofthe sampling methods described in Appendix 19 ofthis Title; or (b) an equivalent sampling method;

Note: See section 371.3(a) ofthis Title forrelated discussion. (iv) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date;

(v) for offsite facilities, the waste analyses that hazardous waste generators have agreed 10 supply;

(vi) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 373-3.1O(k), 373-3.1l(d), 373-3.12(c), 373-3.13(c), 373-3.14(g), 373-3.15(b), 373-3.16(c), 373-3.17(c), 373-3.27(e)(4), 373-3.28(n)(4), 373-3.29(e) and 376.1 (g) ofthis Title; and

(vii) for surface impoundments exempted from land disposal restrictions under 376.1 (d)(1) ofIbis Title, tbe procedures and schedule for: (a) the sampling ofimpoundment contents; (b) the analysis oftest data; and (c) the annual removal ofresidues which are not delisted under 40 CPR 260.22 and 370.3(c) ofthis Title and do exhibit a characteristic ofhazardous waste or which do not meet the treatment standards ofsection 376.4 ofthis Title; (viii) for owners and operators seeking an exemption to the air emission standards of section 373-3.29 ofthis Subpart in accordance with section 373-3.29(d) ofthis Subpart: (a) if direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results ofthe analysis oftest data to verify the exemption; and

(b) ifknowledge ofthe waste is used for the waste detennination, any infonnation prepared by the facility owner or operator or by the generator ofthe hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge ofthe waste. (3) For offsite facilities, the waste analysis plan required in paragraph (2) ofthis subdivision must also specify the procedures which will be used to inspect and, ifnecessary, analyze each movementofhazardous waste received atthe facility to ensure thatitmatches the identity ofthe waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe: (i) the procedures which will be used to detennine the identity ofeach movement of waste managed at the facility;

(ii) the sampling method which will be used to obtain a representative sample of the waste to be identified, ifthe identification method includes sampling; and

6378 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-3.2

(iii) the procedures thatthe owneror operatorofan off*site landfill receiving containerized hazardous waste will use to detennine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container. (e) Security. (1) The owneror operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion ofa facility, unless: (i) physical contact with the waste, structures or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion ofa facility; and

(ii) disturbance ofthe waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation ofthe requirements ofthis Subpart. (2) Unless the owner or operator has made a successful demonstration under**subpara~** graphs O)(i) and (ii) ofthis subdivision, a facility must have: (i) a**24~hour** surveillance system (e.g., television monitoring or surveillance by guards

orfacility personnel) which continuously monitors and controls entry onto the active portion ofthe facility; or

(ii) (a) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion ofthe facility; and

(b) a means to control entry, at all times, through the gates or other entrances to the active portion ofthe facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

Note: Therequirements ofparagraph (2) ofthis subdivision are satisfiedifthe facility or "plant within which the active portion is located itselfhas a surveillanCe system, or a barrier and a means to control entry, which complies with the requirements of subparagraph (i) or (ii) of this paragraph. (3) Unless exempt under subparagraphs (1)(i) and (ii) ofthis subdivision, a sign with the legend, "Danger-Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion ofa facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility (e.g., facilities in counties bordering the Canadian Province of Quebec must post signs in French), and must be legible from a distance ofat least 25 feet. Existing signs with a legend other than "Danger-Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enterthe active portion, and that entry onto the active portion can be dangerous.

Note: See section 373-3.7(g) of this Subpart for discussion of security**re~** quirements at disposal facilities during the post-closure care period. (D 

### General inspection requirements. (1) The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to: (1) release ofhazardous waste constituents to the environment; or (ii) a threat to human health. The owner oroperator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment. (2) (i) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, responding to environmental or human health hazards.

(ii) This schedule must be kept at the facility.

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### § 373-3.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) 

### The schedule must identify the types ofproblems (e.g., 

### malfunctions or deterioration) which are to 

### be looked for during the inspection (e.g., 

### inoperative sump pump, leaking fitting, eroding dike, etc.).

(iv) The frequency ofinspection may vary for the items on the schedule. However, the frequency should be based on the rate ofdeterioration ofthe equipment and the probability of an environmental or human health incident if 

### the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily 

### when in usc. At a minimum, the inspection 

### schedule must include the items and frequencies called for in sections 373-3.9(e), 373-3.IO(d) and (f), 

### 373-3.11(e), 373-3.12(k), 373-3.13(e), 373-3.14(1), 373-3.15(d), 373-3.16(d), 373-3.17(d), 373-3.27(d), 373-3.28(c), (d) and (i), 

### and 373-3.29(e) through (k) ofthis Subpart, where applicable.

Note: See sections**373~3.7(i),** 373-3.13(f) and 373-3.14(c) ofthis Subpartfor relatedrequirements. 

### (3) The owner or operator mustremedy any deterioration or malfunction ofequipment or structures which the inspectionreveals, on a schedule which ensures thatthe problem does not 

### lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(4) The owner or operator must record inspection in an inspection log or summary. The

owner or operatormust keep these records for at least three years from the date ofinspection. At 

### a minimum, these records must include the date and time ofthe inspection, the name ofthe 

### inspector, a notation ofthe observations made, and the date and nature ofany repairs or other remedial actions. (g) 

### Personnel training.

(1) 

### (i) Facility personnel must successfully complete aprogram ofclassroom instruction

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 Subpart. The owner or operator must

ensure thatthis program includes all the elements described inthe documentrequired under subparagraph (4)(iii) ofthis subdivision.

(ii) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(iii) 

### At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including where applicable: (a) 

### procedures for using, inspecting, repairing and replacing facility emergency and

monitoring equipment; (b) 

### key parameters for automatic waste feed cutoffsystems; (c) 

### communication or alarm systems; (d) 

### response to fires or explosions; (e) 

### response to 

### ground-watercontamination incidents; and if) 

### shutdown ofoperations. (2) Facility personnel must successfully completethe programrequired inparagraph (1) 

### of this subdivision within six months after the date of their employment or an assignment to a facility, or to 

### a new position at a facility. Employees must not work in unsupervised positions until they have completed the training requirements ofparagraph (I) ofthis subdivision. (3) Facility personnel must take part in an annual review ofthe initial training required in paragraph (I) ofthis subdivision.

6380 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.2

(4) The owner or operator must maintain the following documents and records at the facility: 

### 0) thejob for each position at the facility related to hazardous waste management, and the name ofthe employee filling eachjob;

(ii) 

### a written job description for each position listed under subparagraph 0) of this paragraph. This description may be consistent in its degree ofspecificity with descriptions for other similarpositions in the same company location orbargaining unit, butmustinclude 

### the requisite skill, education or other qualifications, and duties of employees assigned to each position;

(iii) 

### a written description of the type and amount ofboth introductory and continuing training that 

### will be given to each person filing a position listed under subparagraph (i) of this paragraph;

(iv) records that documentthat the training orjob experience required under paragraphs (1), (2) and (3) ofthis subdivision has been given to, and completedby facility personneL (5) 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. Personnel training records may accompany personnel transferred within the same company. (h) 

### General requirementsfor ignitable, reactive, or incompatible wastes. (l) 

### The owner
or operator must take precautions to 

### prevent accidental ignition or reaction of ignitable or reactive waste. This waste mustbe separated andprotected from sources ofignition orreaction, including butnotlimited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition 

### (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the

owneroroperatormustconfine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(2) Where specifically required by other sections ofthis Subpart, the treatment, storage or disposal ofignitableorreactive waste, andthe mixture orcommingling ofincompatible wastes,

or incompatible wastes and materials, must be conducted so thatit does not: 

### (i) generate extreme heat or pressure, fire orexplosions, or violentreactions; (ii) produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health;

(iii) 

### produce uncontrolled flammable fumes or gases in sufficient quantities to pose a riskoffire or explosions;

(1v) damage the structural integrity ofthe device orfacility containing the waste; or (v) through otherlike means threaten human health orthe environment. (1) 

### Location standards. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited.



### (j) 

### Construction quality assuranceprogram. (1) CQA program. (1) 

### A construction quality assurance (CQA) program is required forall surface**impound~** 

### ment, waste pile, and landfill units that are required to comply with sections 373-3.11 (1)(1), 

### 373-3.12(h), and 373-3.14(j)(1) of this Suhpart. The program must ensure that Ihe constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction ofa CQA officerwho is a professional engineerregistered in New York State.

(ii) The CQA programmust address the following physical components, where**applica~** 

### hie: (a) 

### foundations; (h) 

### dikes:

01-15·2002 6381 Conservation

### § 373-3.2 TITLE6 ENVIRONMENTAL CONSERVATION

(c) 

### low-penneability soi1liners; (d) 

### geomembranes (flexible membrane liners); (e) 

### leachate collection and removal systems and leak detection systems; and (j) 

### final cover systems. 

### (2) Written CQA plan. Before construction begins on a unit subject to the CQA program under paragraph (1) 

### of this subdivision, the owner or operator must develop a written CQA plan. The plan must identify steps that will 

### be used to 

### monitor and document the quality of materials and the condition and manner oftheirinstallation. The CQA plan 

### mllst include: (i) 

### identification ofapplicable units, and a description ofhow they 

### will be constructed; (ii) 

### identification ofkey personnel in the development and implementation ofthe CQA plan, and CQA officer qualifications; and

(iii) 

### adescription ofinspection and sampling activities for all unitcomponents identified in subparagraph (1)(ii) ofthis subdivision, including observations and tests that will be used before, during, and after construction to 

### ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: sampling size and locations; frequency of testing; data evaluation procedures; acceptance andrejection criteriaforconstruction materials; plans for implementing corrective measures; and data or other infonnation to be recorded and retained in the operating record under section 373-3.5(c) 

### ofthis Subpart. (3) Contents of program. (i) 

### The CQA program must include observations, inspec* tions, tests, and measurements sufficient to ensure: (a) 

### structural stability and integrity ofall components ofthe unitidentifiedin subparagraph (l)(ii) ofthis subdivision;

(b) 

### proper construction of all components of the liners, leachate collection and removal system, leakdetection system, and final cover**sysf~m,** 

### according to pennit specifications and good engineering practices, and proper installation of all components (e.g., 

### pipes) according to design specifications; (c) 

### confonnity of all materials used with design and other material specifications under sections 373-2.12(b), and 373-2.14(c) ofthis Part. (H) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as inthe full-scale unit, to ensurethatthe liners are constructedto meet the hydraulic conductivityrequirements ofsections 373-2.11(b)(3)(i), 373-2.12(b)(3)(i). and 373-2.14(c)(3)(i) of this Part in the field. Compliance with the hydraulic conductivity requirements mustbe verifiedby using in situ testing on the constructedtest fill. 

### Thetest fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivityrequirements ofsections 373-2.11(b)(3)(i), 373-2.12(b)(3)(i), and 373-2.14(c)(3)(i) ofthis Part in the field. (4) Certification. The owner oroperatorofunits subjectto this subdivision must submit to the commissioner, by certifiedmail orhand delivery, atleast 30 days priorto receiving waste, a certification signedby the CQA officerthatthe CQAplan has been successfully carriedoutand thatthe unit meets therequirements ofsection 373-3.11(i)(1), 373-3.12(h). or373-3.14UJ(l) of this Subpart The owner or operator may receive waste in the unit after 30 days from the commissioner's receiptofthe CQAcertificationunless the commissionerdetennines in writing that the construction is not acceptable, orextends the review period for a maximum of30 more days, or seeks additional information from the owneroroperatorduring this period. Documen* tation supporting the CQA officer's certification must be furnished to the commissioner upon request.

Historical Note Sec. filed May 14, 1985; amds. filed: Aug. 13, 1985; May 2,1986, OcL 26, 1988; Dec. 2, 1991; Nov. 15, 1994; Sept 29, 1998; Nov. 4, 1999; Jan. 14,2002 efr. 60 days after filing. 

### Amended (1)(21. Ul(4).

6382 Conservation 

### 01-15-2002CHAPTER IV QUALITY SERV]CES 

### § 373-3.3



### § 373-3.3 Preparedness and prevention.

(a) Applicability. 

### The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-3.1(a) provides otherwise.

(b) Maintenance and operation offacility. 

### Facilities must be 

### maintained and operated to minimize the possibility ofa fIre, explosion, or any unplanned sudden or non:·sudden release of hazardous waste orhazardous waste constituents to air, sailor surface water which couldthreaten human health or the environment.

(c) Requiredequipment. All facilities mustbe equipped with the following, unless none of 

### the hazards posed by waste handled at the facility could require a particular kind ofequipment specified below: (1) 

### an internal communications or alarm system capable of providing immediate**emer~** 

### gency instruction (voice or signal) to facility personnel;

(2) 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, or State orlocal emergency response teams;

(3) portable fire extinguishers, fire control equipment (including special extinguishing equipment such as that using foam, inert gas or dry 

### chemicals), spill control equipment and decontamination equipment; and

(4) water at adequate volume and pressure to supply water hose streams, foam-producing equipment, automatic sprinklers, orwater spray systems. (d) Testing andmaintenance of equipment. 

### All facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(e) Access to 

### communications oralarm system. (1) 

### Whenever hazardous waste is being poured, mixed, spread or otherwisehandled, all personnel involved in the operation musthave

6382.] ConservationCHAPTER IV QUALITY SERVICES 

### § 373-3.4

immediate access to an internal alarm or emergency communication device either directly or through visual or voice contact with another employee, unless such a device is not required under subdivision (c) ofthis section.

(2) If there is everjust one employee on the premises while the facility is operating, that employee must have immediate access to adevice, such as a telephone (immediately available at the scene of operation) or a**hand~held** two-way radio, capable of summoning external emergency assistance, unless such adevice is notrequired under subdivision (c) ofthis section. (f) 

### Required aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipmentto any area offacility operationin an emergency, unless aisle spaceis not needed for any ofthese purposes.

(g) 

### Arrangements with localauthorities. (1) The owner oroperator must attempt to make the following arrangements as appropriate for the type of waste handled at the owner or operator's facility and the potential need for the services ofthese organizations: 0) arrangements to familiarize police, fire departments and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would nonnally be working, entrances 10 and roads inside the facility, and possible evacuation**routes~**

(ii) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authOrity;

(iii) agreements with State emergency response teams, emergency response contractors and equipment suppliers: and

(iv) arrangements to familiarize local hospitals with the properties ofhazardous waste handled at the facility and the types ofinjuries or illnesses which could result from fires, explosions or releases at the facility. (2) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

Historical Note Sec. filed May 14, 1985; arnd. filed Nov. IS, 1994eff. 60days afterfiling. Amended (e), (g). 

### § 

### 373

..3.4 Contingency plan and emergency procedures.

(a) 

### Applicability. The regulations in this section apply to owners and operators of ail hazardous waste facilities, except as section 373-3.1 (a) ofthis Subpart provides otherwise.

(b) 

### Purpose and implementation ofcontingencyplan. (1) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health orthe environmentfrom fires, explosions, orany unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil or surface water.

(2) The provisions ofthe plan must be carried out immediately whenever there is a fire, explosion, orrelease ofhazardous waste orhazardous waste constituents which could threaten human health or the environment. (c) 

### Content ofcontingency plan. (1) The contingency plan must describe the actions facility personnel must take to comply with subdivisions (b) and (g) ofthis section in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil or surface water at the facility.

(2) Ifthe owner or operatorhas already prepared a Spill Prevention, Control and Countermeasure (SPCC) plan as defined in section 610.2(j) of this Title and 40 CFR part 300 (see section 370.1[e] of this Title), or some other emergency or contingency plan, that plan need only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements ofthis Subpart.

(Reissued 7/95) 6383 Conservation

### § 373-3.4 TITLE6 ENVIRONMENTAL CONSERVATION



### (3) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordi

### nate emergency services, pursuant to section 373-3.3(g) ofthis Subpart.

(4) The plan must list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinawf(see subdivision 

### [fl ofthis section), and this 

### list must be kept up-la-date. Where more than one person is listed, one must be named as primary emergency coordinatorand others must be listed in the orderin which they 

### will assume responsibility as alternates.



### (5) The plan must include a list of all emergency equipment at the facility (such as fireextinguishing systems, spill control equipment. communications and alann systems [internal andexternal] and decontamination equipment), where this equipmentis required. This list must be kept up-to-date. In addition, the plan must include the location and aphysical description of each item on the list, and abriefoutline ofits capabilities.

(6) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal(s) to 

### be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases ofhazardous waste or fires). (d) Copies of contingencyplan. 

### Acopy ofthe contingency plan and all revisions to 

### the plan must be: (1) 

### maintained at the facility; and (2) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services. (e) Amendmentof contingencyplan. 

### The contingency plan must be reviewed, and immediately amended, ifnecessary, whenever:
(J) 

### applicable regulations are revised; (2) the plan fails in an emergency; (3) the facility changes-in its design, construction, operation, maintenance or other circumstances-in a way that materially increases the potential for fires, explosions, or releases ofhazardous waste orhazardous waste constituents, orchanges theresponse necessary in an emergency;

(4) the list ofemergency coordinators changes; or (5) the list ofemergency equipment changes. (f) 

### Emergency coordinator. 

### At all times, there must be at least one employee either on the facility premises or on call (i.e., 

### available to respond to an emergency by reaching the facility within a short period oftime), with the responsibility for coordinating all emergency response
measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and**character~** 

### istics of waste handled, the location ofall records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

(g) Emergency procedures. (1) 

### Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) must immediately: (i) 

### activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(ii) notify appropriate Stateorlocal agencies with designated responseroles iftheirhelp is needed. (2) Whenever there is a release, fire or explosion, the emergency coordinator must**imme~** 

### diarely identify the character, exact source, amount, and areal extent ofany released materials. This may be doneby observationorreview offacility records ormanifests and, ifnecessary, by chemical analysis.

6384 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373·3.4

(3) Concurrently. the emergency coordinatormust assess possible hazards to human health

or the environment that may result from the release, fire or explosion. This assessment must considerboth direct and indirecteffects ofthe release. fire orexplosion (e.g., the effects ofany toxic, irritating orasphyxiating gases that are generated. orthe effects ofany hazardous surface water runofffrom water or chemical agents used to control fire and heat-induced explosions).

(4) 

### If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health, or the environment. outside the facility, the emergency coordinator's findings must be reported as follows: (i) ifthe assessment indicates that evacuation oflocal areas may be advisable, appropriate local authorities must be notified immediately. The emergency coordinator must be available to help appropriate officials decide whetherlocal areas should 

### be evacuated; and

(it) both the department (using the New York State 24-hour oil and hazardous material spill notification number, 518/457-7362), and either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR part 300) (see 6 NYCRR 370.1 [e]). or the National Response Center (using their 24-hour toll free number, 800/424-8802) must be notified immediately. The report must include: (a) name and telephone numberofreporter; (b) name and address offacility; (c) time and type ofincident (e.g., release, fire); (d) name and quantity ofmaterial(s) involved, to the extent known; (e) the extent ofinjuries, ifany; and if) the possible hazards to human health, or the environment, outside the facility. (5) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations. collecting and containing released waste, and removing or isolating containers.

(6) 

### Ifthe facility stops operations in response to a fire, explosion orrelease, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.

(7) Immediately after an emergency, the emergency coordinator must provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire orexplosion at the facility.

Note: Unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.I(d)(3) or (4). that the recovered material is not a hazardous waste. the owner or operator becomes a generator of hazardous
waste and must manage it in accordance with all applicable requirements of6 NYCRR Part 372 and Subpart 373-2. (8) The emergency coordinator must ensure that, in the affected area(s) ofthe facility:

(i) no waste that may be incompatible with the released material is treated, stored or disposed ofuntil cleanup procedures are completed; and

(ii) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. (9) The owner or operator must notify the commissioner, and appropriate State and local authorities. that the facility is in compliance with paragraph (8) of this subdivision before operations are resumed in the affected area(s) ofthe facility.

(l0) The owner or operator must note in the operating record the time, date and details of any incident that requires implementing the contingency pian. Within 15 days after the

07-15-2006 6385 Conservation

### § 373-3.4 TITLE 6 ENVIRONMENTAL CONSERVATION

incident, a written report on the incident must be submitted to the commissioner. The report 

### must include: (i) name, address and telephone number ofthe owner or operator; (ii) name, address and telephone number ofthe facility; (iii) date, time and type ofincident (e.g., fire. explosion); (iv) name and quantity ofmaterial(s) involved; (v) the extent ofinjuries, 

### ifany; (vi) an a%cssment of actual or potential hazards to human health or the environment. where this is applicable; and

(vii) estimated quantity and disposition of recovered material that resulted from the incident.

Historical Note Sec. filed May 14, 1985; arnd. filed Nov. 15, 1994eff. 60days after filing. Amended (b). (c), (g). 

### § 373-3.5 Manifest system, recordkeeping and reporting.

(a) 

### Applicability. The regulations in this section apply to owners and operators of both onsite and offsite facilities, except that subdivisions (b) and (0 do not apply to owners and operators ofonsite facilities that do not receive any hazardous waste from offsite sources.

(b) 

### Manifest requiremerus. A treatment, storage or disposal facility shipping hazardous wastes off-site or offering hazardous wastes for shipment off-site must comply with all generator standards as specified in section 372.2 of this Title. 

### If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his or her agent. must comply with the requirements ofthis subdivision. (l) Use ofmanifest system.

(i) (a) 

### If a facility receives hazardous waste accompanied by a manifest, the owner, operator orhislher agent must: (1) complete line 19 ofthe manifest, hazardous waste report management method codes, for each waste received and accepted, using the codes established in the annual report instructions and forms referenced in subdivision (e) ofthis section; and (2) sign and date the manifest as indicated in clause (b) of this subparagraph to certify that the hazardous waste covered by the manifest was received. that the hazardous waste was received except as noted in the discrepancy space ofthe manifest, orthat the hazardous waste was rejected as noted in the manifest discrepancy space. (b) Ifa facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator orhis/her agent must: (1) determine that all portions ofthe manifest, except that portion filled out by the

owneroroperatorofthe facility, have beencompleted. Forexample. ifthe facility is not providing a hazardous waste management code in item 19 that reflects the ultimate disposal method for the waste, the State code in box 13 designating the ultimate disposal method for the hazardous waste is completed. A completed form includes signatures and all certifications required from the generator and the initial and delivering transporters. In those cases where the owner or operator completes any of the generator's portions ofthe manifest (items 1·14), the owner or operator assumesjoint responsibility with the generator for the accuracy and completeness ofthose portions he

or she completed;

(2) sign and date, by hand, each copy ofthe manifest; (3) note any discrepancies (as defined in clause [d] ofthis subparagraph) on each copy ofthe manifest;

(4) immediately give the transporter at least one copy ofthe manifest;

6386 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### §373-3.5

(5) within 10 calendar days ofdelivery, mail acopy ofthe manifest to the generator, the generator state and the destination state (ifdifferent from the generator state), making legible photocopies as necessary. Mail the departmentcopy to New York State DepartmentofEnvironmemal Conservation, Division ofSolid & Hazardous Materials, Manifest Section, 625 Broadway, Albany, NY 12233-7252. Facilities do not need to distribute manifest copies to states other than New York, ifthose states do not require such acopy be submitted to them; and

(6) retain atthe facility acopy ofeach manifest for aleast three years from the date ofdelivery.

ing facility must also mail a copy ofthe manifest to the following**add!!re~~rnnn** _0 days ofdelivery:

International Compliance**Assuranc~e"""",--.,~~~,,,,** OFS/OECA (2254A) lmnmental Protection Agency Ariel Ri

. ng

(d) Manifest discrepancies are:

(1) significant differences between the quantity (as defined by clause [e] of this subparagraph) or type (as defined by clause [f] of this subparagraph) of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives;

(2) rejected wastes, which may be aful1 orpartial shipment ofhazardous waste that the facility cannot accept; or

(3) container residues, which are residues that exceed the quantity limits for "empty" containers set forth in section 371.1 (h)(2) ofthis Title. (e) Significant differences in quantity are:

(1) for bulk waste, variations greaterthan 10 percent in weight; and (2) for batch waste, any variation inpiece count, such as adiscrepancy ofone drum in a truckload. (j) Significantdifferences in type are obvious differences which canbe discovered by inspections or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper. (ii) The facility owneror operatormustperformorobtain an analysis ofarepresentative sample ofeach hazardous waste shipmentas specified in the waste analysis planrequiredby section 373-2.2(e)(2) ofthis Part. The purpose ofthis analysis is to identify discrepancies between the actual composition ofthe waste and its description on the manifest.

(iii) Upon discovering a significant difference in quantity or type, the owneroroperator ofthe facility must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). Ifthe discrepancy is not resolved within 15 days after receiving the waste, the owner or operators must immediately submit a letter to the generator state and the disposer state describing the discrepancy and attempts to reconcile it, and acopy ofthe manifest or shipperpaperat issue.

(iv) (a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in section 371.1(h)(2) of this Title, the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days ofthe rejection orthe container residue identification.

(b) While the facility is making arrangements forwarding rejected wastes orresidues to another facility under this subparagraph, it must ensure that either the delivering transporter retains custody ofthe waste, orthe facility mustprovide for secure, temporary

07-15-2006 6387 Conservation

### § 

### 373-3.5 TITLE 6 ENVIRGNMENTAL CONSERVATION

custody ofthe waste, pending delivery ofthe waste to the first transporter designated on 

### the manifest prepared under subparagraph (v) or (vi) ofthis paragraph. 

### (v) Except as provided in clause (g) 

### of this subparagraph, for full or partial load rejections and residues that are to be sent**off~site** 

### to an alternate facility, the facility is required to prepare a new manifest in accordance with section 372.2(b) ofthis Title and the following instructions: (a) Write the generator's U.S. EPA ID number in item 1 ofthe new manifest. Write the generator's name and mailing address in item 5 of the new manifest. Ifthe mailing address is different from the generator's site address. then write the generator's site address in the designated space for item 5.

(b) Write the name ofthe alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (item 8) ofthe new manifest. (c) Copy the manifest tracking number found in item 4 of the old manifest to the special handling and additional information block of the new manifest (item 14), and indicate that the shipment is a residue or reject waste from the previous shipment.

(d) Copy the manifest tracking number found in item 4 of the new manifest to the manifest reference numberline in the discrepancy block ofthe old manifest (item 18a).

(e) Write the DOTdescription for the rejected load orthe residue initem 9(U.S. DOT description) ofthe new manifest and write the container types, quantity and volume(s) of waste.



## if> Sign the generator's!offeror's certification to certify, as the offeror of the shipment, that the waste 

### has been property packaged, marked and labeled and is in proper condition for transportation.

(g) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing item 18bofthe original manifest and supplying the information onthe nextdestination facility in the alternate facility space. The facility must retain acopy ofthis manifest for its records, and then give the remaining copies ofthe manifest to the transporter to accompany this shipment. 

### Ifthe original manifest is not used, then the facility must use a new 

### manifest and comply with clauses (a), (b), (e), (d), (e) 

### and (j) 

### ofthis subparagraph. (vi) Except as provided in clause (g) of this subparagraph, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 372.2(b) ofthis Title and the following instructions: (a) Write the facility's U.S. EPA ID number in item I ofthe new manifest. Write the generator's name and mailing address in item 5 ofthe neW manifest. Ifthe mailing address is different from the generator's site address, then write the generator's site address in the designated space for item 5. (b) Write the name ofthe initial generatorand the generator's U.S. EPA ID numberin the designated facility block (item 8) ofthe new manifest. (c) Copy the manifest tracking number found in item4 ofthe old manifest to the item 14 special handling and additional information block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(d) Copy the manifest tracking number found in item 4 of the new manifest to the manifest reference number line in the discrepancy block ofthe old manifest (item 18a).

(e) Write the DOT description for the rejected load or the reside in item 9 (U.S. DOT description) ofthe new manifest and write the container types. quantity and volume(s) of waste.



### (f) Sign the generator's!offeror's certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

6388 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 373-3.5

(g) For full load rejections that are made while the transporter remains at the facility. 

### the facility may return the shipment to the generator with the original manifest by 

### completing item 18b of the manifest and supplying the generator's information in the alternate facility space. The facility must retain a copy for its records, and then give the remaining copies of the manifest to the transporter to accompany this shipment. If the original manifest is not used, then the facility must use a new manifest and comply with clauses (a), (b), (e), (d), (e) and (j) ofthis suhparagraph, (vii) 

### Ifa facility rejects a waste oridentifies a containerresidue that exceeds the quantity limits for "empty" containers set forth in section 371.1 (h)(2) ofthis Title after it has signed. dated. and returned a copy of the manifest to the delivering transporter, the generator. the generator state, or the destination state, the facility must amend its copy ofthe manifest to indicate the rejected wastes or residues in the discrepancy space ofthe amended manifest. The facility must also copy the manifest tracking numberfrom item 

### 4 ofthe new manifest to the discrepancy space (item 18a) of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 

### 10 calendar days ofthe amendment, send a copy ofthe amended manifest to the transporter, generator, generator state and destination state that received copies prior to their being amended. The facility must retain a copy of the new manifest for at least three years from the date of shipment, and must within 10 calendar days, send a copy ofthe new manifest to their state, the generator. generator state and destination state.

.

(viii) The requirements ofthis subdivision do not apply to hazardous waste produced by generators ofgreater than 100 kilograms but less than 1,000kilograms in a calendar month where: (a) the waste is being transported pursuant to a reclamation agreement as provided in section 373,2(b)(7) ofthis Title, provided that: (1) the owner or operator records the following information for each shipment:

(i) the name, address and 

### US. E.P.A. identification number ofthe generator of the waste;

(ii) the hazardous waste number and quantity ofwaste accepted; and (iii) the date the waste is accepted; (2) the owner or operator retains these records for a period ofat least three years after termination or expiration ofthe agreement; and

(3) quarterly summaries (unless otherwise specified by the department) of these records must be submitted to the department. These summaries must include the waste types and quantities received from each generator. (ix) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies ofthe manifest to these states. (2) Unmanifested shipments. Upon receipt of an unmanifested shipment of hazardous waste, the owneror operator ofthe facility must: (i) where possible determine the reason why the shipment is not accompanied by a manifest (e.g., small generator exemption, rail transportation);

(ij) accept the waste for treatment, storage or disposal if:

(a) the reason the shipment is unmanifested is that it originated from a conditionally exempt small quantity generator (see section 371.1[f] ofthis Title); or

(b) the shipment is transported in whole or in part by a rail or water (bulk) transporter and the requirements ofsection 372.7 ofthis Title are satisfied: (iii) (a) accept the waste for treatment, storage and disposal and file an unmanifested waste report with the department in accordance with subparagraph (3)(1) ofthis subdivi6389 Conservation

### § 373-3.5 TITLE 6 ENVIRONMENTAL CONSERVATION

sion within 15 calendardays ofreceipt ofthe shipment ifthe shipment was transported in whole orinpart by a rail orwater (bulk) transporterand the manifestis notreceived by the facility within 

### 15 calendardays ofreceipt ofthe shipment; or

(b) accept the waste for treatment. storage and disposal and file an unmanifested waste report with the department in accordance with subparagraph (3)(ii) ofthis subdivision within 10 calendardays ofreceipt ofthe shipment ifthe situation is not specitically set forth in subparagraph (ii) and clause'(iii)(a) ofthis paragraph and the conditions of paragraph (5) ofthis subdivision are met; (iv) reject the shipment of hazardous waste. and instruct the transporter to return the hazardous waste to the generator. and file an unmanifested waste report in accordance with subparagraph (3)(ii) ofthis subdivision. (3) Recordkeeping and reporting requirements. (i) Manifest discrepancy reports. The facility owner or operator must report to the disposer state and generator state concerning any manifestdiscrepancies in accordance with subparagraph (l)(iii) ofthis subdivision.

(ii) Unmanifested waste report. In those situations requiring submission ofan unmanifested waste report, as identified inparagraph (2) ofthis subdivision, the report mustinclude the following information: (a) the EPA identification number. name. and address ofthe facility; (b) the date the facility received the waste; (e) the EPA identification number. name. and address of the generator and of the transporter. ifavailable;

(&9 Hie tf'flft8f'SFfef's !i@8ftSe 

### plate Jltl

### ,.,her; (8) tA@ lfElR5j!1eAer'S Pa£{ 384 I'lel'fflft IUllfteef

### ifa¥l!iltoelElol if) adescription ofand the quantity ofeachunmanifested hazardous waste the facility received including EPA waste type;

(g) the method of treatment. storage. or disposal for each hazardous waste (if accepted);

(h) a briefexplanation ofwhy the waste was unmanifested, ifknown; and (i) certification signed by the owner or operator ofthe facility or his/her authorized represent.ative. (iii) Availability, retention and disposition ofrecords.

(a) Reports and records required by this subdivision must be retained for aperiod of three years from the date ofsubmittal.

(b) All records required under this subdivision must be fUrnished to the department upon request and must be postmarked within five business days of receipt of a written request. These records must be made available at all reasonable times for inspection by any officer. employee, or representative ofthe department who is duly designated by the commissioner.

(c) The three-year retention period for all records required under this subdivision is ex.tended automatically for the duration of any unresolved enforcement action regarding the facility or as requested by the commissioner.

. (4) Special conditions. Rail and water (bulk) shipments. Facilitieswhichreceive shipments ofhazardous waste transported in whole orin part by rail or water (bulk) mustcomply with the treatment, storage, ordisposal facility requirements in section 372.7 ofthis Title.

(5) Prohibitions. No facility shall:

(i) accept a particularhazardous waste unless itis authorized to accept such waste; or (ii) accept a hazardous waste for which it does not have adequate treatment. storage or disposal capacity available.

6390 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 373-3.5

(c) 

### Operating record. (1) 

### The owner or operator must keep a written operating record at the facility.

(2) The following information must be recorded. as 

### it becomes available, and maintained in the operating record until closure ofthe facility: (i) 

### a description and the quantity ofeach hazardous waste received. and the 

### methodes) and date(s) ofits treatment. storage or disposal at the facility as required by 

### Appendix 25, infra:

(ii) 

### the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities. the location and quantity ofeach hazardous waste must be recorded on amap ordiagram ofeach cell ordisposal area. Forall facilities, this information must include**cross~references** 

### to specific manifest document numbers. if the waste was accompanied by a manifest;

Nole: See sections 373-3.7(i). 373-3.13(f) and 373-3.14(c) ofthis Subpart for related requirements. 

### (iii) records andresults ofwaste analyses. waste determinations and trial tests performed

as specified in sections 373-3.2(d), 373-3.10(k), 373-3.1l(d), 373-3.12(c). 373-3.13(c), 373-3.14(g), 373-3.15(b), 373-3.16(c). 373-3.17(c). 373-3.27(e), 373-3.28(n) and 373-3.29(e) ofthis Subpart, and section 376.1 (d)(I) and (g) ofthis Title;

(iv) summary reports and details ofall incidents that require implementing the contingency plan as specified in section 373-3.4(g) ofthis Subpart;

(v) records and results ofinspections as required by section 373-3.2(t) ofthis Subpart (except these data need be kept only three years);

(vi) monitoring, testing, or analytical data, and corrective action where required by sections 

### 373-3.20), 373-3.6, 373-3.6(a) and (e). 373-3.10(b), (d) and (I), 

### 373-3.11(b), (e) and 

## GJ. 373-3.12(i)-(k). 373-3.I3(d), (e) and (g)(4)(i), 373-3.14(b), (k) and (1), 

### 373-3.15(d), 373-3.16(d). 373-3.27(e)(3) through (6) and (I), 

### 373-3.28(n)(4) through (9) and (0). 

### 373-3.29(d) through (k) ofthis Subpart;

Note.' ,As required by section 373-3.6(e) of this Subpart, monitoring data at disposal facilities must be kept throughout the post-closure period. 

### (vii) all closure cost estimates under section 373-3.8(c) ofthis Subpart and, for disposal facilities, all post-Closure cost estimates under section 373-3.8(e). (viii) records ofthe quantities (and date ofplacement) for each Shipment ofhazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 376.1(e) of this Title monitoring data required pursuant to a petition under section 376.1 (t), and the applicable notice required by a generatorunder section 376.1 (g)(l); (ix) for an off-site treatment facility, a copy of the notice, and the certification and demonstration ifapplicable, required by the generatororthe owneroroperatorunder section 376.1 (g) ofthis Title;

(x) for an on-site treatment facility. the information contained in the riotice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owneror operatorunder section 376.1 (g) ofthis Title;

(xi) for an off-site land disposal facility, a copy ofthe notice, and the certification and demonstration ifapplicable, required by the generatororthe owneroroperatorofatreatment facility under section 376.1(g) ofthis Title;

(xii) for an on-site land disposal facility, the infonnation contained in the notice (except the manifest number), and the certification and demonstration ifapplicable, required by the generatororthe owneroroperatorofatreatment facility under section 376.1(g) ofthis Title;

(xiii) for an**off~site** 

### storage facility, a copy of the notice, .and the certification and demonstration ifapplicable, required by the generatororthe owneroroperatorunder section 376.1(g) ofthis Title; and

07-15-2006 6391 Conservation

### § 373-3.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### (xiv) for an on-site storage facility. the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by 

### the generatororthe owneroroperatorofatreatmentfacility under section 376.1 (g) ofthisTitle. 

### (d) 

### Availability, retention and disposition ofrecords. (1) 

### All records. including plans. required under this Part must be kept at the facility and furnished upon request. and made available at all reasonable times for inspection, by 

### any officer, employee or representative of the department who is dUly designated by the commissioner.

(2) The retention period for all records required under this Part is extended automatically during the course ofany unresolved enforcement action regarding the facility or as requested by the commissioner.

(3) A copy of records of waste disposal locations and quantities under subparagraph (c)(2)(ii) ofthis section must be submitted to the commissioner and local land authority upon closure ofthe facility. (e) 

### Annual report. The owner or operator must prepare and submit a single copy of an annual report to the commissioner by March 1st of each year. The annual report must cover facility activities during the previous calendar year, and must at a minimum include:
(1) 

### the EPA identification number, name and address ofthe facility; (2) the calendar yearcovered by the report; (3) for offsite facilities, the EPA identification number ofeach hazardous waste generator from which the facility received ahazardous waste during the year; for imported shipments, the report must give the name and address ofthe foreign generator;

(4) a description and the quantity ofeach hazardous waste the facility received during the year. Foroffsite facilities, this infonnation mustbe listed by EPA identificationnumberofeach generator;

(5) the method oftreatment, storage or disposal for each hazardous waste; (6) monitOring data under sections 373-3.6(e)(1)(ii)(b)-(c) and 373-3.6(e)(2)(ii) of this Subpart, where required;

(7) 

### the most recent closure cost estimate under section 373-3.8(c) ofthis Subpart and, for disposal facilities, the most recent**post~closure** 

### cost estimate under section 373-3.8(e) of this Subpart;

(8) forgenerators who treat, store ordispose ofhazardous waste onsite, adescription ofthe efforts undertaken during the year to reduce the volume and toxicity ofwaste generated;

(9) for generators who treat, store ordispose ofhazardous waste onsite, adescription ofthe changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and

(10) the certification signed by the owner or operator of the facility or the owner or operator's authorized representative. 

### (0 Unmanifestedwaste report. The facility mustcomply withthe rcquirements for unmanifestcd wastes specified in paragraphs (b)(2) and (3) ofthis section.

(g) 

### Additional reports. In addition to submitting the annual report described in subdivision (e) ofthis section, the owneror operator must also report to the commissioner: (1) 

### releases, fires and explosions as specified in section 373-3.4(g)(lO) ofthis Subpart; (2) ground watercontamination and monitoring data as specified in section 373-3.6(d) and (e) ofthis Subpart;

(3) facility closure as specified in section 373-3.7(f) ofthis Subpart; and (4) as otherwise required by sections 373-3.27, 373-3.28 and 373-3.29 ofthis Subpart.

6392 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 373-3.6

Historical Note Sec, filed May 14, 1985; amds. filed: May 2,1986; Oct. 26,1988; Dec. 2,1991: Nov. 15, 1994: Sept. 20, 1996; Sept. 29, 1998; Nov. 4,1999; Jan. 14,2002; July 7, 2006 eff. Sept. 5, 2006. Amended (b)(l). (2). (3), (5). 

### § 373-3.6 Ground-water monitoring.

(a) 

### Applicability. (l) The owner or operator of a surface impoundment, landfill or land treatment facility which is used to manage hazardous waste must implement a**ground~water** monitoring programcapable ofdetermining the facility's impacton the quality ofground water in the uppermost aquifer underlying the facility, except as section 373-3,1 (a) ofthis Subpart and paragraph (3) ofthis subdivision provide otherwise.

(2) Except as paragraphs (3) and (4) of this subdivision provide otherwise. the owner or operator mustinstall, operate and maintain a**ground~water** monitoring system which meets the requirements ofsubdivision (b) ofthis section and must comply with subdivisions (cHe). This ground-water monitoring program must be carried out during the active life ofthe facility. and for disposal facilities. excluding thennal treatment. incineration and energy recovery facilities, during the post-closure care period as well.

(3) All or part ofthe ground-water monitoring requirements ofthis section may be waived ifthe owneroroperatorcan demonstrate thatthere is alow potential for migration ofhazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial or agricultural) or to surface water. This demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following: (i) the potential for migration ofhazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of: (a) a waterbalance ofprecipitation. evapotranspiration, runoffand infiltration; and (b) unsaturated zone characteristics (i.e., geologic materials, physical properties. and depth to ground water); and (ii) the potential for hazardous waste or hazardous waste constituents which enter the uppermost aquiferto migrate to a water supply well or surface water, by an evaluation of: (a) saturated zone characteristics (i.e., geologic materials, physical properties, and rate ofground-water flow); and

(b) the proximity ofthe facility to water supply wells or surface water. (4) 

### Ifan owner oroperator assumes (orknows) that ground-water monitoring ofindicator parameters in accordance with subdivisions (b) and (c) ofthis section would show statistically significant increases (or decreases, in the case ofpH) when evaluated under subdivision (d) of this section, an alternate**ground~water** monitoring system (other than the one described in subdivisions [b] and [cD may be installed. operated and maintained. 

### Ifthe owner or operator decides to use an alternate ground-water monitoring system, the owner or operator must: (i) submit to the commissioner a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of subparagraph (d)(4)(iii) ofthis section for an alternate ground-water monitoring system:

(ij) initiate the determinations specified in subparagraph (d)(4)(iv) ofthis section; (iii) prepare and submit a written report in accordance with subparagraph (d)(4)(v) of this section on aquarterly basis until final closure ofthe facility; and

(iv) continue to make the determinations specified in subparagraph (d)(4)(iv) of this section on a quarterly basis until final closure ofthe facility; and

(v) comply with the recordkeeping and reporting requirements in paragraph (e)(2) of this section. (5) The ground-watermonitoring requirements ofthis section may be waived with respect to any surface impoundment that:

07-15-2006 6392.1 Conservation

### § 373-3.6 TITLE 6 ENVIRONMENTAL CONSERVATlON

(i) 

### is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under section 371.3(c) of this Title or are listed as hazardous wastes in section 

### 371.4 ofthis Title only for this reason; and

(ii) contains no other hazardous wastes, 

### ifthe owner or operator can demonstrate that there is no potential for migration ofhazardous wastes from the impoundment. The dernonstnltion must establish, based upon consideration ofthe characteristics ofthe wastes and the impoundment, that the corrosive wastes 

### will be neutralized to the extent that they no longer 

### meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional. (6) The department may replace all 

### orpartofthe requirements ofthis Subpart applying to a regulated unit (as defined in section 373·2.6[a] of this Part), with alternative requirements developed for groundwatermonitoring set out in an approved closure orpost.closure plan orin

an enforceable document (as defined in section 373-1.2[e]{3] of this Part), where the depart. ment detennines that: (i) a regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unites) (or areas ofconcern) are likely to have contributed to the release; and

(ii) it is not necessary to apply the requirements ofthis section because the alternative requirements will protect human health and the environment The alternative standards for the regulated unit must meet the requirements ofsection 373-2.6(1)(I) ofthis Part. (b) 

### Ground-water monitoring system. (1) 

### A ground-water monitoring system must be capable ofyielding ground-water samples for analysis and must consist of: (i) monitoring wells (atleastone) installedhydraulically upgradient

### (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number. locations and depths must be sufficient to yield ground·water samples that are: (a) representative ofbackground ground-water quality in the uppermost aquifer near the facility; and

(b) not affected by the facility; and (ii) monitoring wells (at least three) installed hydraulically downgradient (Le., in the direction ofdecreasing static head) at the limitofthe waste management area. Theirnumber, locations and depths must ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppennost aquifer,

(iii) The facility owner or operator may demonstrate that an alternate hydraulically downgradientmonitoring well location will meetthe criteriaoutlinedbelow. The demonstration must be in writing and kept at the facility. The demonstration must be certified by a qualified ground-water scientist and establish that: (a) an existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit ofthe waste management area; and

(b) the selected alternate downgradient location is 

### as close to the limit of the waste management area 

### as practical; and

(c) the location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer; and

(d) lateral expansion, new or replacement units are not eligible for an alternate downgradient location under this paragraph. (2) Separate monitoring systems for each waste management component 

### ofa facility are not required, provided that provisions for sampling upgradient and downgradient waterquality 

### will detect any discharge from the waste management area. The commissioner may require separate monitoring systems for separate waste management components.

6392.2 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-3.6

(i) In the case ofa facility consisting ofonly one surface impoundment, landfill or land treatment area, the waste management area is described 

### by the waste boundary (perimeter).

(ii) In the case ofafacility consisting ofmore than one surface impoundment, landfill or land treatment area, the waste management area is described 

### by an imaginary boundary line which circumscribes the several waste management components. (3) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be screened or perforated, and packed with gravel

or sand where necessary, to enable sample collection at depths where appropriate aquifer flow

zones exist. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout orbentonite slurry) to prevent contamination ofsamples and the ground water.

07-15-2006 6392.3 ConservationCHAPTER IV QUALITY SERVICES 

### § 373-3.6

(c) 

### Sampling and analysis. (1) 

### The owner or operator must obtain and analyze samples from the installed ground-water monitoring system. The owner or operator must develop and follow a ground-water sampling and analysis plan. This plan must be kept at the facility. The plan mustinclude procedures and techniques for: 

### (i) sample collection; Oi) sample preservation and shipment; (iii) analytical procedures; and 

### (iv) chain ofcustody control.

Note: See "Procedures Manual For Groundwater Monitoring At Solid Waste Disposal Facilities," EPA-5301SW-611, August 1977, and "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979, for discussions ofsampling and analysis procedures (see 6 NYCRR 370. 1[e]). 

### (2) The owner or operator must determine the concentration or value of the following parameters in**ground~water** 

### samples in accordance withparagraphs (3) and (4) ofthis**subdivi~** 

### sion: (i) parameters characterizing the suitability of the ground water as a drinking water

supply, as specified in Appendix 27, 

### infra; and

(ii) parameters establishing**ground~water** 

### quality:

(a) 

### chloride; (b) 

### iron; (c) 

### manganese; (d) 

### phenols; (e) 

### sodium; and if) 

### sulfate; and (iii) 

### parameters used as indicators ofground-watercontamination:

(a) 

### pH; (b) 

### specific conductance; (c) 

### total organic carbon; and (d) total 

### organic halogen.

Note: Theseparameters areto be used as a basis for comparisonin the event a ground-water quality assessment is required under paragraph (d)(4) of this section. 

### (3) (i) For all monitoring wells, the owner or operator must establish initial background concentrations orvalues ofall parameters specifiedinparagraph (2) ofthis subdivision. This must be done quarterly for one year.

(ii) Foreach ofthe indicator parameters specified in subparagraph (2)(iii) ofthis subdivision, atleastfourreplicate measurements must be obtained for each sample, andthe initial background arithmetic mean and variance must be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year. (4) After the fIrst year, all monitoring wells must be sampled and the samples analyzed with the following frequencies: (i) Samples collected to establish**ground~water** 

### quality must be obtained and analyzed for the parameters specifiedin subparagraph (2)(ii) ofthis subdivision at least annually.

(ii) Samples collected to indicate**ground~water** 

### contamination must be obtained and analyzed for the parameters specifIed in subparagraph (2)(iii) of this subdivision at least semiannually.

11-15-99 6393 Conservation

### § 373-3.6 TITLE 6 ENVIRONMENTAL CONSERVATION



### (5) Elevation of the ground-water surface at each monitoring well must be determined each time a sample is obtained. 

### (d) 

### Preparation. evaluation, and response. (1) The owner or operator must prepare an outline of the groundwwater quality assessment program. The outline must describe a more comprehensive ground-water monitoring program (than that described in subdivisions [b] and [c] ofthis section), capable ofdetermining: (i) whether hazardous waste or hazardous waste constituents have entered the ground 

### water;

(ii) 

### the ratc and extentofmigration ofhazardous waste or hazardous waste constituents in the ground water; and

(iii) 

### the concentrations of hazardous waste or hazardous waste constituents in the ground water. (2) For each indicator parameter specified in subparagraph (c)(2)(iii) of this section, the

owner or operator must calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with subparagraph (c)(4)(ii), and compare these results with its initial background arithmetic mean. The comparison must consider individually each ofthe wells in the monitoring system, and must

use the student's Hest at the O.Ollevel of significance (see Appendix 28, infra) to detennine statistically significant increases (and decreases, in the case ofpH) overinitial background.



### (3) (i) If 

### the comparisons for the upgradient wells made under paragraph (2) of this subdivision show a significantincrease (orpH decrease), the owneroroperator must submit this information in accordance with clause (e)(l)(ii)(b) ofthis section.

(ii) lfthe comparisons fordowngradient wells made underparagraph (2) ofthis subdivision show a significantincrease (orpH decrease), the owner oroperator must then immediately obtain additional ground-water samples from those downgradient wells where a significantdifference was detected, splitthe samples in two, anddbtain analyses ofall additional samples to detennine whetherthe significantdifference was aresult oflaboratory error. 

### (4) (i) Ifthe analyses performed under subparagraph (3)(il) ofthis subdivision confirm the significant increase (orpH decrease), the owner or operator mustprovide written notice to the commissioner, within seven days ofthe date ofsuch confirmation, thatthe facility may 

### be affecting ground-water quality,



### (il) Within 15 days after the notification under subparagraph (i) ofthis paragraph, the

owneroroperatormustdevelop and submitto the commissionera specific plan, basedon the outlinerequiredunderparagraph (1) ofthis subdivision and certifiedby aqualified geologist

or geotechnical engineer, for a ground-water quality assessment program at the facility.



### (iii) The plan to be suhmitted under subparagraph (a)(4)(i) ofthis section, or subparagraph (ii) ofthis paragraph, must specify: (a) the number, location and depth ofwells; (b) sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility;

(c) evaluation procedures, including any use of previously gathered ground-water quality information; and

(d) a schedule ofimplementation. (iv) The owner or operator must implement the ground-water quality assessment plan which satisfies the requirements ofsubparagraph (iii) ofthis paragraph and, at a minimum, determine: (a) the rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and (b) the concentrations ofthe hazardous waste or hazardous waste constituents 

### in the ground water.

6394 Conservation II-I5-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.6

(v) The owneror operator must make the first determination under subparagraph (iv) of this paragraph as soon as technically feasible. and, within 15 days after that determination. submit to the commissioner a written report containing an assessment ofthe ground-water quality.

(vi) Ifthe owner or operator determines, based on the results ofthe first determination 

### under subparagraph (iv) of this paragraph, that no hazardous waste or hazardous waste constituents from the facility have enteredthe ground water, then the owner oroperator may reinstate the indicator evaluation program described in subdivision (c) of this section and paragraph (2) ofthis subdivision; the owner oroperatormust so notify the commissioner in the report submitted under subparagraph (v) ofthis paragrapb.

(vii) 

### Ifthe owneroroperatordetermines, based on the first determination under subparagraph (iv) ofthis paragraph, thathazardous waste or hazardolls waste constituents from the facility have entered the ground water, then the owneror operator: (a) mustcontinue to make the determinations required under subparagraph (iv) afthis paragraph on aquarterly basis until final closure ofthe facility, 

### ifthe ground-waterquality assessment plan was implemented prior to final closure ofthe facility; or

(b) may cease to make the determinations required under subparagraph (iv) ofthis paragraph, ifthe**ground~water** quality assessment plan was implemented during the pastelosure care period. 

### (5) Notwithstanding any other provision ofthis section, any ground-water quality assessment to satisfy the requirements ofsubparagraph (4)(iv) ofthis subdivision which is initiated prior to final closure of the facility must be completed and reported in accordance with subparagraph (4)(v).



### (6) Unless the**ground,~water** 

### is monitored to satisfy the requirements of subparagraph (4)(iv) ofthis subdivision, at least annually the owner or operator must evaluate the data on ground-water surface elevations obtained under paragraph (c)(5) ofthis section to detennine whether the requirements under paragraph (b)(l) of this section for locating the monitoring we11s continue to be satisfied. If 

### the evaluation shows that paragraph (b)(1) is no longer satisfied, the owner or operator must immediately modify the number, location ordepth ofthe monitoring we11s to bring the ground-water monitoring system into compliance with this requirement (e) Recordkeeping and reporting. 

### (1) Unless the ground wateris monitored to satisfy the requirements ofsubparagraph (d)(4)(iv) ofthis section, the owner oroperatormust: (i) keep records ofthe analyses required in paragraphs (e)(3) and (4) ofthis section. the 

### associated**ground~water** 

### surface elevations required in paragraph (c)(5), and the evaluations required in paragraph (d)(2) throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as we11; and

(ii) reportthe fo11owing ground-water monitoring infonnation to the commissioner;

(a) 

### during the first yearwhen initial background concentrations are being established for the facility: concentrations or values ofthe parameters listed in subparagraph (c)(2)(i) of this section for each ground-water monitoring well within 15 days after completing each quarterly analysis. The owner or operator must separately identify for each monitoring well any parameters whose concentration or value has been found to exceed the maximum contaminantlevels listed in Appendix 27, infra;

(b) 

### annually: concentrations or values of the parameters listed in subparagraph (c)(2)(iiO ofthis section for each ground-water monitoring we11, along with the required evaluations for these parameters under paragraph (d)(2). The owner or operator must separately identify any significant differences from initial background found in the upgradient wells, in accordance with subparagraph (d)(3)(i). During the active life of the facility, this information must be submitted as part of the annual report required under section 373-3.5(e) ofthis Subpart; and

01-15-2002 6395 Conservation

### § 373-3.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(c) 

### as a part of the annual report required under section 373-3.5(e) of this Subpart: results ofthe evaluations of**ground~watcr** 

### surface elevations underparagraph (c)(5) ofthis section, and adescription ofthe response to 

### that evaluation, where applicable. (2) If

### the ground water is monitored to satisfy the requirements ofsubparagraph (d)(4)(iv) ofthis section, the owner or operator must: 0) keep records ofthe analyses and evaluations specified in the plan, which satisfy the requirements of subparagraph (d)(4)(iii) of this section, throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as well; and

(ii) 

### annually, until final closure of the facility, submit to the commissioner a report containing the results ofhis orherground waterquality assessmentprogram which includes, but is not limited to, the calculated (or measured) rate of migration ofhazardous waste or hazardous waste constituents in the ground waterduring the reponing period. This infonnation must be submittedno later than March 1st ofthe foHowing calendaryear.

Historical Note Sec. filed May 14, 1985; amds. filed: Aug. 13, 1985; May 2, 1986; Nov. 15, 1994; Nov. 4, 1999; Jan. 14,2002 efr. 60 days after filing. Added (a)(6). 

### § 373-3.7 Closure and post-closure.

(a) 

### Applicability. Except as section 373-3.1 ofthis Subpartprovides otherwise:

(1) 

### subdivision (b) through paragraph (f)(l) ofthis section (which concern closure) apply to the owners and operators ofall hazardous waste management facilities;

(2) paragraph (f)(2) through subdivision U) 

### of this section (which concern post-closure care) apply to the owners and operators of: (i) all hazardous waste disposal facilities; -A (ii) 

### waste piles and surface impoundments from which the owner or operatorintends to

remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 373-3.11(f) and 373-3.l2(g) ofthis Subpart;

(iii) 

### tank systems that are requiredunder section 373-3.10(h) ofthis Subpart to 

### meetthe requirements for landfills; and

(iv) start containment buildings that are required under section**373~3.30(c)** 

### of this Subpart to 

### meet the requirement for landfills; (3) subdivision (k) ofthis section applies to owners and operators ofunits that are subject to the requirements ofsection 373-1.2(e)(3) ofthis Partand are regulated under an enforceable document (as defined in section 373-L2[e][3] ofthis Part); and

(4) the department may replace all orpart ofthe requirements ofthis section (and the unitspecific standards inparagraph [b][3] ofthis section) applying to 

### aregulated unit (as definedin section 373-2.6[a] ofthis Part), with alternativerequirements for closure setout in an approved closure orpost-closure plan, orin an enforceable document (as definedin section 373-1.2[e][3] ofthis Part), where the department detennines that: (i) a regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unites) (or areas ofconcern) are likely to have contributed to the release; and

(ii) it is not necessary to 

### apply the closure requirements of this section (and/or those referenced herein) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard ofparagraphs (b)(1) and (2) ofthis section. (b) 

### Closure performance standard. The owner or operator must close the facility in a

manner that (1) minimizes the need for further maintenance;

6396 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.7

(2) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and

(3) complies with the closure requirements ofthis Subpart, including but notlimited to the requirements of sections 373-3.1O(h), 373-3.11(f), 373-3.12(g), 373-3.13(g), 373-3.14(d), 373-3.15(e), 373-3.16(e), 373-3.17(e) and 373-3.30(c). (c) 

### Closureplan; amendment of plan. (l) 

### Written plan. (i) 

### By May 19, 1981, or by six months after the effective date of the rule that first subjects a facility to provisions ofthis section, the owner or operator ofa hazardous waste management facility must have a written closure plan. Until final closure is completed and certified in accordance with paragraph (f}(l) ofthis section, a copy ofthe most currentplan mustbe fumished to the commissionerupon request, including requestby maiL In addition, for facilities without approved plans, it must also be providedduring site inspections, onthe day ofinspection, to 

### any officer, employee or representative ofthe department who is duly designated by the commissioner. (2) Content ofplan. The plan must identify steps necessary to perform partial and/orfinal closure ofthe facility at any pointduring its active life. The closure plan must include, atleast: (i) 

### a description ofhow each hazardous waste management unit at the facility 

### will be closed in accordance with subdivision (b) ofthis section;

(ii) 

### a description of how final closure ofthe facility will be conducted in accordance with subdivision (b) ofthis section. The description must identify the maximumextentofthe operations which will be unclosed during the active life ofthe facility;

(iii) 

### an estimate of**~the** 

### maximum inventory of hazardous wastes ever onsite over the active life ofthe facility'and a detailed description ofthe methods to be used during partial closures and final closure, including but not limited to 

### methods for removing, transporting, treating, storing or disposing ofall hazardous wastes, and identification ofand the types of the offsite hazardous waste managementunits to be used, ifapplicable;

(Iv) adetailed description ofthe steps needed to remove ordecontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure, including butnotlimitedtoprocedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to 

### satisfy the closure performance standard;

(v) adetailed description ofotheractivities necessary during the partial andfinal closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including butnotlimited to groundwatermonitoring, leachate collection, and mnon andrunoffcontrol;

(vi) a schedule for closure of each hazardous waste management unit and for final closure ofthe facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking ofthe progress ofpartial and final closure (forexample, inthe case ofalandfillunit, estimates ofthe time required to treatordispose ofall hazardous waste inventory and ofthe time required to place a final cover mustbe included);

(vii) an estimate ofthe expected year offinal closure for facilities that use trust funds to demonstrate financial assurance under section 373-3.8(d) or (f) 

### ofthis Subpart and whose remaining operating life is less than 20 years, and for facilities without approved closure plans; and

(viii) for facilities where the department has applied alternative requirements at a regulatedunitunder sections 373-3.6(a)(6), and/or 373-3.8(a)(4) ofthis Subpartand/orparagraph (a)(4) ofthis section, either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.

01,15-2002 6397 Conservation

### § 373-3.7 TITLE6 ENVIRONMENTAL CONSERVATION



### (3) Amendment ofplan. The owner or operator may amend the closure plan at any time priorto the notification ofpartial or final closure ofthe facility. An owner or operator with an approved closure plan must submit a written requestto the commissionerto authorize a change to the approved closure plan. The written request must include a copy ofthe amended closure plan for approval by the commissioner. (i) 

### The owner or operator must amend the closure plan whenever:

(a) changes in operating plans or facility design affectthe closure plan; (b) there is a change in the expected year ofclosure, ifapplicable; 

### (c) in conducting partial or final closure activities, unexpected events require a modification ofthe closure plan; or

(d) the owner oroperatorrequest the department to apply alternative requirements to

a regulated unit under sections 373-3.6(a)(6), and/or 373-3.8(a)(4) oftms Subpart and/or paragraph (a)(4) ofthis section. (ii) The owner or operator must amend the closure plan at least 60 days prior to the proposed change in facility design or operation, orno laterthan 60 days after an unexpected eventhas occurred which has affected the closure plan. Ifan unexpected eventoccurs during the partial orfinal closure period, the owneroroperatormust amend the closure plan no later than 30 days afterthe unexpected event. These provisions also apply to owners oroperators ofsurface impoundments or waste piles who intendto remove all hazardous waste atclosure but are required to close as landfills in accordance with section 373-3.14(d) ofthis Subpart.

(iii) An owneroroperatorwith an approved closure plan must submit the modified plan to the commissioner at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. 

### If an unexpected event has occurred during the partial or final closure period, the owner or operator must submit the modified plan no more than 30 days after the unexpected event. These provisions also apply to"owners or operators of surface impoundments and waste piles who intended to remove all hazardous waste at closure but

are required to close as landfills in accordance with section 373-3.14(d) ofthis Subpart. Ifthe amendmentto the plan is a major modification according to the criteria in Subpart 373-1 of this Part, the modification to the plan will be approved according to the procedures in paragraph (4) ofthis subdivision.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) of this paragraph. An owner or operator with an approved closure plan must submitthe modifiedplan within 60 days ofthe commissioner's request, or within 30 days ifthe unexpected event occurs during partial or final closure. 

### If the amendment is considered a major modification according to the criteria in Subpart 373-1 ofthis pan, the modification to the plan will be approved in accordance with the procedures in paragraph (4) ofthis subdivision. (4) Notification of partial closure and final closure. (i) The owner or operator must submit the closure plan to the commissioner at least 180 days prior to the date on which the

owneroroperatorexpects to begin closure ofthe first surface impoundment, waste pile, land treatment orlandfill unit, or final closure ifit involves such a unit, whicheveris earlier. The

owner oroperatormust submit the closure plan to the commissioner at least 45 days priorto the date on which the owneroroperatorexpects to begin partial orfinal closure ofaboileror industrial furnace. The owner or operator must submit the closure plan to the commissioner atleast45 days priorto the date on which the owneroroperatorexpects to beginfinal closure ofafacility with only tanks, container storage, orincineratorunits. Owners oroperators with approved closure plans must notify the commissioner in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, orland treatmentunit, orfinal closure ofa facility involving such a unit. Owners and operators with approved closure plans must notify the commissioner in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. Owners or operators with approved closure

6398 ConservationCHAPTER IV QUALITY SERVICES 

### § 373-3.7

plans must notify the commissioner in writing at leas145 days priorto the date on which the



### owner or operator expects to 

### begin final closure of a facility with only tanks, container storage, or incinerator units.

(ii) The date when the owner or operator "expects to begin closure" must be either:

(a) within 30 days after the date on which any hazardous waste management unit receives the known final volume ofhazardous wastes, or, 

### ifthere is areasonable possibility thatthe hazardous waste managementunit

### will receive additional hazardous wastes, no later than onc year after the date on which the unit received the most recent volume of 

### hazardous waste. If the owner or operator of a hazardolls waste management unit can demonstrate to the commissionerthatthe hazardous waste managementunit orfacility has the capacity to receive additional hazardous wastes and the owner or operator has taken, and will continue to take, all steps to preventthreats to human health andthe environment, including compliance with all interim status requirements, the commissionermay approve

an extension to this**one~** yearlimit; or

(b) forunits meeting the requirements ofparagraph (d)(4) ofthis section, no laterthan 30 days afterthe date on which the hazardous waste management unit receives the known final volume of nonhazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional nonhazardous wastes, no later than one year after the date on which the unit received the most recent volume of nonhazardous wastes. Ifthe owner or operator can demonstrate to the commissioner that the hazardous waste managementunithas the capacity to receive additional nonhazardous wastes and the owneror operatorhas taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with aU interim status requirements, the commissioner may approve an extension to this one-yearlimit. (iii) The owner or operator must submit the closure plan to the commissioner no later than 15 days after: (a) issuance of a judicial decree or final order, under article 71 of 

### EeL, to cease receiving hazardous wastes orto close; or (b) tennination ofinterim status except when a permit is issued simultaneously with tcnnination ofinterim status.

0I-I5-2002 6398.1 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-3.7

(iv) The commissioner will provide the owner or operator and the pubhe, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications of the plan within 30 days ofthe date of the notice. The commissioner will also, in response to a request or at his orher own discretion, hold a public hearing whenever such a hearing might clarify one ormore issues concerning a closure plan. The commissioner will 

### give public notice ofthe hearing at least 30 days before it occurs. (Public notice ofthe 

### hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The commissioner will approve, 

### modify or disapprove the plan within 90 days of its receipt. Ifthe commissioner does not approve the plan, the owneroroperator shall be provided with adetailed written statementof the reasons for refusal, and the owneroroperator must modify the plan or submit anew plan for approval within 30 days after receiving such written statement. The commissioner will approve ormodify this planin writing within 60 days. Ifthe commissionermodifies the plan, this modified plan becomes the approved closure plan. The commissioner must assure that the approved closure plan is consistent with subdivisions (b)-(f) of this section and the 

### applicable requirements of sections 373-3.6, 373-3.IO(h), 373-3.11(f), 373-3.12(g), 373-3.13(g), 373-3.14(d), 373-3.15(e), 373-3.16(e), 373-3.17(e) and 373-3.30(c) of this Subpart. A copy ofthis modified plan with a detailed statement ofreasons for the**modifica~** 

### tions must be mailed to the owneror operator. (5) Removal ofwastes and decontamination or dismantling ofequipment. Nothing in this subdivision shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before orafternotification ofpartial or final closure. (d) 

### Closure; time allowedforclosure. (1) 

### Within 90 days afterreceiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (4) and (5) of this subdivision, at a hazardous waste management unit or facility, or within 90 days after approval ofthe closure plan, whichever is later, the owner or operator must treat, remove from the unit or facility, or dispose of onsite, all hazardous wastes in accordance with the approved closure plan. The commissioner may approve a longer period ifthe owner or operator demonstrates that: (i) (a) 

### the activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or

(b) (1) 

### the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capaCity to 

### receive nonhazardous wastes ifthe facility owneroroperatorcomplies with paragraphs (4) and (5) ofthis subdivision; and

(2) there is areasonable likelihood that the owneroroperatororanotherperson will

recommence operation ofthe hazardous waste management unit or the facility within

one year; and

(3) closure ofthe hazardous waste management unitor facility would be incompatible with continued operation ofthe site; and (ij) 

### the owneror operatorhas taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim status requirements. (2) The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (4) and (5) ofthis subdivision, at the hazardous waste management unit or facility, or 180 days after approval ofthe closure plan, if that is later. The commissionermay approve an extension to the closure period ifthe owner or operator demonstrates that: (i) (a) 

### the partial orfinal closure activities will, ofnecessity, take longerthan 180days to complete; or

1-1-95 (Reissued 7/95) 

### 6399 Conservation

### § 

### 373-3.7 TITLE 6 ENVIRONMENTAL CONSERVATiON

(b) (1) the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or nonhazardous wastes ifthe facility owner or operator complies with paragraphs (4) and (5) ofthis subdivision; and

(2) there is reasonable likelihood that the owner or operator or another person 

### will

recommence operation ofthe hazardous waste management unit or the facility within



### one year: and

(3) closure ofthe hazardous waste managementunit or facility would be incompatible with continued operation ofthe site; and (ii) the owner oroperator has taken and 

### will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable interim status requirements. (3) The demonstrations referred to in subparagraphs (1 )(i) and (2)0) of this subdivision must be made as follows: (i) the demonstrations in subparagraph (1)0) must be made at least 30 days prior to the expiration ofthe**90~day** period in paragraph (1); and

(ij) the demonstration in subparagraph (2)(i) must be made at least 30 days prior to the expiration ofthe 180-day period in paragraph (2), unless the owner or operator is otherwise subject to the deadlines in paragraph (4). (4) The commissionermay allow an owneroroperatorto receive nonhazardous wastes in a landfill, land treatment, or surface impoundment unit afterthe final receipt ofhazardous wastes at that unit if: 0) the owner or operator submits an amended Part 373 application, or a Part 373 application, ifnot previously required, and demonstrates that: (a) the unit has the existing design capacity as indicated on the Part A application to receive nonhazardous wastes; and

(b) there is a reasonable likelihood that the owner or operator or another person will receive nonhazardous wastes in the unit within one year after the final receipt of**hazard~** ous wastes; and

(c) the nonhazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design and operating requirements ofthe unit or facility under this Part; and

(d) closure of the hazardous waste management unit would be incompatible with continued operation ofthe unit or facility; and

(e) the owneror operatoris operating and will continue to operate in compliance with all interim status requirements; and (ii) the Part 373 application includes an amended waste analysis plan, groundwater monitoring and response program, human exposure assessment required under section 373-1.5(d) and (h) of this Part, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate to reflect any changes due to the presence ofhazardous**constitu~** ents in the nonhazardous wastes, and changes in closure activities, including the expected year ofclosure if applicable under subparagraph (c)(2)(vij) ofthis section, as a result ofthe receipt ofnonhazardous wastes following the final receipt ofhazardous wastes; and

(iii) the Part 373 application is amended, as necessary and appropriate, to account for the receipt ofnonhazardous wastes following receipt ofthe final volume of hazardous wastes; and

(iv) the Part 373 application and the demonstrations referred to in subparagraphs (i) and (ii) ofthis paragraph are submitted to the commissioner no later than 180 days prior to the date on which the owner or operator of the facility receives the known final volume of

6400 Conservation (Reissued 7/95) 1·1·95CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.7

hazardous wastes, or no later than 90 days after the effective date ofthis rule in New York State, whichever is later.· (5) In addition to the requirements in paragraph (4) of this subdivision, an owner or operatorofahazardous waste surfaceimpoundmentthatis notin compliance with the linerand leachate collection system requirements in sections 373-2.11 and 373:-2.14 of this Part, or section 373-3.11 

### or 373-3.14 ofthis Subpart must: (i) submit with the Part 373 application:

(a) a contingent corrective measures plan: and (b) a plan for removing hazardous wastes in compliance with subparagraph (ii) ofthis paragraph; and Oi) remove all hazardous wastes from the unit by removing aU hazardous liquids and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), ifany;

(iii) removal ofhazardous wastes must be completed no laterthan 90 days afterthe final receipt ofhazardous wastes. The commissioner may approve an extension to this deadline if the owner or operator demonstrates that the removal ofhazardous wastes will, ofnecessity, take longerthan the allottedperiod to complete and that an extension will not pose a threat to human health and the environment;

(iv) ifa release thatis a statistically significantincrease (ordecrease in the case ofpH) in hazardous constituents over background levels is detected in accordance with the requirements in section 373-3.6 ofthis Subpart, the owner oroperator ofthe unit: (a) must implement corrective measures in accordance with the approved contingent corrective measures plan required by subparagraph 0) ofthis paragraph no later than one year afterdetection ofthe release, or approval ofthe contingent corrective measures plan, whichever is later;

(b) may receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and (c) may be required by the commissioner to implement corrective measures in less than one year or to cease receipt of wastes until corrective measures have been implemented ifnecessary to protect human health and the environment. (v) during the period of corrective action, the owner or operator shall provide semiannual repofts to the commissioner that describe the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect ofthe continued receipt ofnonhazardous wastes on the effectiveness ofthe corrective action;

(vi) the commissioner may require the owner or operator to commence closure ofthe unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subparagraph (iv) ofthis paragraph, or fails to make substantial progress in implementing corrective action and achieving the facility's background levels; and

(vii) if the owner or operator fails to implement corrective measures as required in subparagraph (Iv) of this paragraph, or if the commissioner determines that substantial progress has not been made pursuant to subparagraph (vi) ofthis paragraph the comissioner shall:(a) notify the owner or operator in writing that the department is tenninating interim

status, pursuant to Part 621 ofthis Title, to require the initiation ofclosure in accordance with the deadline in paragraphs (1) and (2) of this subdivision and provide a detailed statement ofreasons for this detennination. (e) 

### Disposal ordecontamination of equipment, structuresandsoils. During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in sections 373-3.10(h),**373~3.1l(f),** 373-3.l2(g),**373~3.13(g)** and 373-3.l4(d) ofthis Subpart. By removing any hazardous wastes or

(Reissued 7/95) 6401 Conservation

### § 373-3.7 TITLE 6 ENVIRONMENTAL CONSERVAnON



### hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements ofPart 372 ofthis Title.

(f) 

### Certification of closure andsurveyplat. (1) Certificationofclosure. Within 60 days of completion offinal closure ofa facility, or within 60 days ofpartial closure ofany hazardous waste management unit, the owner oroperator must submit to the commissioner, 

### by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by 

### the owner or operator and by an independent professional engineer registered in New York. Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for closure under section 373-3.8(d) ofthis SUbpart.

(2) Survey plat. No later than the submission of the certification of closure of each hazardous waste disposal unit, the owneroroperatormust submit to 

### the local zoning authority,

or the authority withjurisdiction over local land use, and to the county clerk in the county in which the facility is located, and to the commissioner, a survey plat indicating the location and dimensions oflandfill cells orotherhazardous waste disposal units with respectto pennanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor registered in New York. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the county clerk in the county in which the facility is located, must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance ofthe hazardous waste disposal unit in accordance with the applicable regulations ofthis section. (g) Post-closure care anduse of property. (I) 0) 

### Post-closure care for each hazardous waste management unit subject to the requirements ofsubdivisions (g) through (j) 

### ofthis section mustbegin aftercompletion ofclosure of the unit and continue for 30 years afterthat date, and must consist ofat least the following: (a) 

### monitoring and reporting in accordance with the requirements ofsections 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373·3.14 ofthis SUbpart; and

(b) 

### maintenance and monitoring ofwaste containment systems in accordance withthe requirements of sections 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 of this Subpart. (ii) Any time preceding closure ofa hazardous waste management unit subject to postclosure care requirements or fmal closure, or any time during the post-closure period for a particularhazardous waste disposal unit, the commissioner may: (a) 

### shorten the post-closure care period applicable to the hazardous waste managementunit, orfacility (ifall disposal units have been closed), ifthe commissionerfinds that the reduced period is sufficient to protect human health and the environment (e.g., 

### leachate or groundwater monitoring results, characteristics of the hazardous wastes, application ofadvanced technology, oralternative disposal, treatment orreuse techniques indicate that the hazardous waste management unit or facility is secure); or

(b) 

### extend the post-closure care period applicable to the hazardous waste management unit or facility if the commissioner finds that the extended period is necessary to 

### protect human health and the environment (e.g.,leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be hannful to human health and the environment). (2) The commissioner may require, at partial and final closure, continuation ofany ofthe security requirements ofsection 373-3.2(e) ofthis Subpartduring part or all ofthe post-closure period when: 0) 

### hazardous wastes may remain exposed aftercompletion ofpartial or final closure; or (ii) access by the public or domestic livestock may pose a hazard to human health.

6402 Conservation (Reissued 7/95)CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.7

(3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to 

### disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the facility's monitoring system, unless the commissioner finds that the disturbance: (0 is necessary to 

### the proposed use ofthe property, and will not increase the potential hazard to human health or the environment; or

(ii) 

### is necessary to reduce a threat to human health orthe environment. 

### (4) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as specified in subdivision (h) ofthis section. (h) 

### Post-closureplan; amendmentof plan. 0) Written plan. By May 19, 1981, the owner
oroperatorofahazardous waste disposal unitmust have a written post-closureplan. An owner
oroperatorofa surfaceimpoundmentorwaste pilefrom which the owneroroperatorintends to



### remove all hazardous wastes at closure must prepare a post-closure plan and submit it to the commissioner within 

### 90 days of the date that the owner or operator or commissioner**deter~** 

### mines thatthe hazardous waste managementunitorfacility mustbe closed as alandfill, subject to the requirements ofsubdivisions (g) through U) 

### ofthis section.

(2) Until final closure ofthe facility, a copy ofthe most current post-closure plan must be furnished to the commissioner upon request, including request by mail. In addition, for facilities without approved post-closure plans, it must also be provided during site inspections,

on the day ofinspection, to any officer, employee or representative ofthe department who is duly designatedby the commissioner. Afterfinal closurehas been certified, the person oroffice specified in paragraph (3) ofthis subdivision mustkeep the approved post-closure plan during the post-closure period.

(3) Foreachhazardous waste managementunit subjectto the requirements ofthis subdivision, the post-closure plan',IDust identify the activities that will be carried on after closure of each disposal unit and the frequency ofthese activities, and include at least: (0 a description ofthe planned monitoring activities and frequencies at which they will be performed to comply with sections 373-3.6, 373-3.11, 373-3.12. 373·3.13 and 373·3.14 ofthis Subpart during the**post~closure** 

### care period;

(ii) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure: (a) 

### the integrity ofthe cap andfinal coverorothercontainmentsystems in accordance with the requirements of sections 373-3.11, 373·3.12. 373-3.13 and 373-3.14 of this Subpart; and

(b) 

### the function ofthe monitoring equipment in accordance with the requirements of sections 373-3.6. 373·3.11, 373-3.12. 373-3.13 and 373-3.14 ofthis Subpart; (iii) the name, address and phone number ofthe person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period;

(iv) for facilities subject to subdivision (k) of this section, provisions that satisfy the requirements ofsubparagraphs (k)(l)(i) and (iii) ofthis section; and

(v) for facilities where the department has applied alternative requirements at a regulatedunitunder sections 373-3.6(a)(6). and/or 373-3.8(a)(4) ofthis Subpartand/orparagrapb (a)(4) ofthis section, either the alternative requirements that apply to the regulatedunit, or a reference to 

### the enforceable document containing those requirements. (4) Amendment ofplan. The owner or operator may amend the post-closure plan at any time during the active life ofthe facility or during the post-closure care period. An owner or operatorwith an approved**post~closure** 

### plan must submitawrittenrequestto the commissioner to authorize a change in the approved post-closure plan. The written request must include a copy ofthe amended post-closure plan for approval by the commissioner. (i) The owneroroperator must amend the post-closure plan whenever:

(a) 

### changes in operating plans or facility design affectthe**post~closure** 

### plan;

0l-J5-2002 6403 Conservation

### § 

### 373-3.7 TITLE6 ENVIRONMENTAL CONSERVATION

(b) events which occurdUring the active life ofthe facility, including partial and final closures, affect the post-closure plan; or (c) the owneror operatorrequests the department to apply alternative requirements to

a regulated unit under sections 373-3.6(a)(6), andlor 373-3.8(a)(4) ofthis Subpart andlor paragraph (a)(4) ofthis section. (ii) The owneror operatormust amend the post-closure plan at least 60 days priorto the proposed change in facility design oroperation, orno laterthan 60 days after an unexpected event has occurred which has affected the**post~closure** plan.

(iii) An owneror operator with an approved post-closure plan must submitthe modified plan to the commissioner at least 60 days prior to the proposed change in facility design or operation, orno laterthan 60 days after an unexpected eventhas occurred which has affected the post.closure plan. Ifan owner or operator ofa surface impoundment or waste pile who intended to remove all hazardous waste at closure in accordance with sections 373-3.11(f) and 373·3.12(g) ofthis Subpart is required to close as a landfill in accordance with section 373-3.14(d), the owner or operator must submit a post-closure plan to the commissioner within 

### 90 days ofthe determination by the owner or operator or commissionerthat the unit must be closed as a landfill. 

### Ifthe amendment to the post·closure plan is a major modification according to the criteriain Subpart 373-1 ofthis Part, the modification to the plan will be approved according to the procedures in paragraph (6) ofthis subdivision and Part 621 of this Title.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) ofthis paragraph. An owneroroperatorwith 

### an approved postclosure plan must submit the modified plan no later than 60 days after the commissioner's request. 

### If the amendment to the plan is considered a major modification according to the criteria in Subpart 373-1 of this Part, the modifications to the post-closure plan will be approved in accordance with the procedures in paragraph (6) of this subdivision. If the commissionerdetermines that an owner or operator ofa surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit a post-closure plan for approval to the commissioner within 90 days ofthe determination. (5) The owner or operator ofa facility with hazardous waste management units subject to these requirements must submit the post-closure plan to the commissioner at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owneroroperator "expects to begin closure" ofthe first hazardous waste disposal unit must be either within 30 days after the date on which the hazardous waste management unit receives the known final volume ofhazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no laterthan one year afterthe date on which the unitreceived the most recent volume ofhazardous wastes. The owner or operator must submit the post-closure plan to the commissionerno laterthan 15 days after: (i) termination ofinterim status (except when a permitis issued to the facility simultaneously with tennination ofinterim status); or

(ii) issuance of a judicial decree or final orders under article 71 of 

### EeL to cease receiving wastes orclose. (6) The commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the clate of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning 

### a post-closure plan. The commissioner will give public notice ofthe hearing at least 30 days before it occurs. (Public notice ofthe hearing may be given at the same time as notice ofthe opportunity for the public to submit written comments, and the two notices may be combined.) The commissioner will approve, modify or disapprove the plan within 90 days ofits receipt Ifthe commissioner does not approve the plan, the owner or operator shall be provided with 

### a detailed written

6404 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.7

statementofreasons forthe refusal, and the owneroroperator must modify the plan or submit a

new plan for approval within 30 days afterreceiving such written statement. The commissioner 

### will approve or modify this plan in writing within 60 days. Ifthe commissioner modifies the plan. this modified plan becomes the approved post-closure plan. The commissioner must

ensure thatthe approved post-closure plan is consistent with subdivisions (g)-U) ofthis section. A copy ofthe modified plan with a detailed statement ofreasons for the modifications must be mailed to the owner or operator.

(7) The post-closure plan and length ofthe post-closure care period may be modified any 

### time prior to the end ofthe post-closure care period in either ofthe following two ways: (i) The owneroroperatororany memberofthepublic may petitionthe commissionerto extend orreduce the post-closure care period applicable to 

### a hazardous waste management unitorfacility based on cause, oraltertherequirements ofthe post-closure careperiodbased

on cause. (a) 

### The petition must include evidence demonstrating that:

(1) 

### the secure nature ofthe hazardous waste management unit or facility makes the**post~closure** 

### care requirements unnecessary or supports reduction of the**post~closure** 

### care period specified in the current**post~closure** 

### plan (e.g., 

### leachate or groundwater monitoring results, characteristics ofthe wastes, application ofadvancedtechnology, or alternative disposal, treatmentorreuse techniques indicating thatthe facility is secure);



### or(2) the requested extension in the**post~closure** 

### care period or alteration ofpostclosure care requirements is necessary to prevent threats to human health and the environment (e.g., 

### leachate or groundwater monitoring results indicate a potential for migration ofhazardous wastes at levels which may be harmful to human health and the environment). (b) 

### These petitions will be considered by the commissioner only when they present

new and relevant information not previously considered by the commissioner. Whenever the commissioner is considering a petition, the commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The commissioner will also, in response to 

### a request or at his or her own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The commissioner will give the public notice ofthe hearing at least 30 days before it 

### occurs. (Public notice ofthe hearing maybe given atthe same time as notice ofthe opportunity for written public comments, and the two notices may be combined.) After considering the comments, the commissioner will issue afinal determination, based upon the criteria set forth in subparagraph (i) ofthis paragraph. (c) 

### lfthe commissioner denies the petition, the commissioner will send the petitioner

abriefwritten response giving areason for the deniaL (ii) The commissioner may tentatively decide to modify the post-closure plan if the commissioner deems it 

### necessary to prevent threats to human health and the environment. The commissioner may propose to 

### extend or reduce the post-closure care period applicable
to 

### ahazardous waste managementunitorfacility based oncause, oraltertherequirements of the**post~closure** 

### care period based on cause. (a) 

### The commissioner will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days ofthe date ofthe notice and the opportunity for apublic hearing as in clause (i)(b) 

### ofthis paragraph. After considering the comments, the commissioner will issue a final determination.

(b) 

### The commissioner will base the final determination upon the same criteria as required for petitions under clause (i)(a) 

### of this paragraph. A modification of the postclosureplan may include, where appropriate, the temporary suspensionratherthan**perma~** 

### nent deletion ofone or more post-closure care requirements. At the end of the specified

01-15-2002 6405 Conservation

### § 373-3.7 TITLE 6 ENVIRONMENTAL CONSERVATJON



### period of suspension, the commissioner would then determine whether the requirements should be permanently discontinued or reinstated to prevent threats to 

### human health and the environment. (i) Post+closure notices. (l) 

### No later than 60 days after certification of closure of each hazardous waste disposal unit, the owneroroperator must submit to 

### the local zoning authority,

or the authority withjurisdiction over local land lise, and to 

### the county clerk in the county in which the facility is located, and to 

### the commissioner, a record of the type, location and quantity ofhazardous wastes disposed ofwithin each cell or other disposal unit ofthe facility. For hazardous wastes disposed ofbeforeJanuary 12, 1981, the owneroroperatormustidentify the type, location and quantity ofthe hazardous wastes to the best ofhis orherknowledge and in accordance with any records the owner or operator has kept. (2) Within 60 days ofcertification ofclosure ofthe first hazardous waste disposal unit, and within 60 days ofcertificationofclosure ofthe lasthazardous waste disposal unit, the owneror operator must: (i) 

### record with the county clerk, in the county in which the facility is located, a notation

on the deed to the facility property-or on some other instrument which is normally examined during title search-that will in perpetuity notify any potential purchaser ofthe property that: (a) 

### the land has been used to manage hazardous wastes; (b) 

### its use is restricted under 6 NYCRR 373-3.7; and (c) 

### the survey plat and record ofthe type, location and quantity ofhazardous wastes disposed ofwithin each cell orotherhazardous waste disposal unit ofthe facility required by this subdivision and subdivision (f) 

### ofthis sectionhave been filed withthe local zoning authority, or the authority withjurisdiction over local land use, and with the county clerk in the county in which the facility is located, and with the.commissioner; and (ii) submit a certification, signed by the owner oroperator, that the notation specifiedin subparagraph (i) 

### ofthis paragraphhas beenmade, including acopy ofthe documentin which the notation has been placed, to the commissioner. (3) Ifthe owneroroperator, orany subsequentowneroroperator, ofthe landupon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous wasteresidues, theliner, ifany, and all contaminated structures, equipment and soils, the owner
or operator must request a modification to the approved post-closure plan in 

### accordance with the requirements ofparagraph (h)(7) ofthis section. The owner or operator must demonstrate thatthe removal ofhazardous wasteswill 

### satisfy the criteriaofparagraph (g)(3) ofthis section. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements ofParts 372 and 373 of this Title. If the owner or operator is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the commissioner approve either: (i) the removal ofthe notation on the deed to the facility property or other instrument normally examined during title search; or

(ii) the addition of a notation to the deed or instrument, indicating the removal ofthe hazardous waste. (j) 

### Certification of completion of post-closure care. No later than 60 days after completion ofthe established post-closure care period for each hazardous waste disposal unit, the owner or operatormust submit to the commissioner, by registered mail, a certification thatthe post-closure

careperiod forthe hazardous waste disposal unit was performed in accordance withthe specifications in the approvedpost-closureplan. The certification mustbe signed'by the owneroroperator and an independentprofessional engineerregisteredin New York. Documentation supporting the professional engineer's certification mustbefurnished to the commissioneruponrequestuntil the commissionerreleases the owner or operator from the financial assurance requirements for post

### closure care under section 373-3.8(f)(8) ofthis Subpart.

6406 Conservation 01**15~2002**CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.8

(k) 

### Post-closure requirementsfor facilities that obtain enforceable documents in lieu ofpost

### closure pennits. (1) 

### Owners and operators who are subject to the requirement to obtain a post-closure pennit under section 373-L2(e) of this Part, but who obtain enforceable**docu~** 

### ments in lieu ofpost-closure pennits, as providedunder section 373-L2(e)(3) ofthis Part, must comply with the following requirements: (i) 

### the requirements to submitinfonnation aboutthe facility in section 373-1.5(0) ofthis Part; (ij) 

### the requirements for facility-wide corrective action in section 373-2.6(1) ofthis Part; (iii) 

### the requirements ofsection 373-2.6(b) through (k) ofthis Part. (2) (0 The department, inissuing enforceable documents underthis subdivisioninlieu of permits, will assure a meaningful opportunity for pUblic involvement which, at 

### a minimum, includes public notice and opportunity for public comment (a) 

### when the department becomes involved in a remediation at the facility as a regulatory or enforcement matter; (b) 

### on the proposed preferredremedy and the assumptions upon which the remedy is based, in particular those related to landuse and site characterization; and (c) 

### at the time ofa proposed decision that remedial action is complete at the facility. These requirements must be met before the department may considerthat the facility has metthe requirements ofsection**373~** 

### 1.2(e)(3) ofthis Part, unless the facility qualifies for a modification to these public involvement procedures under subparagraph (ii) or (iii) 

### of this paragraph. (ii) If the department determines that even a short delay in the implementation of a remedy would adversely affect human health orthe environment, the department may delay compliance with the recwirements ofsubparagraph (i) 

### ofthis paragraph and implement the remedy immediately, However, the department must assure involvementofthe public atthe earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed atthe facility.

(iii) The department may allow a remediation initiated prior to October 22, 1998 to substitute for corrective action required under a post-closure pennit even if the public involvementrequirements ofsubparagraph (i) ofthis paragraphhave notbeenmet so long as the department assures that notice and comment on the decision that no further remediation is necesssary to protect human health and the environment takes place at the earliest reasonable opportunity afterOctober 22, 1998.

Historical Note 

### Sec. filed May 14, 1985; 

### amd, filed May 2, 1986; 

### repealed, new filed May 14, 1987; 

### amds. filed: Oct. 26,1988; 

### Dec. 2,1991; 

### Nov. 19, 1993; 

### Nov. 15, 1994; 

### Nov. 4,1999; Jan. 14,2002 eff. 60 

### days afterfiling. Amended (a), (c), (h), added (k). 

### §**373~3.8** 

### Financial requirements.

(a) 

### Applicability. (1) 

### The requirements ofsubdivisions (e), (d), (h) and (i) ofthis section and section 373-2.8(j) of this Part apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in section 373-3.1 ofthis Subpart. (2) The requirements ofsubdivisions (e) and (g) ofthis section apply only to owners and operators of: (i) disposal facilities; (ii) tank systems that are required under section 373-3.1 O(h) ofthis Subpartto meet the requirements for landfills; and (iii) containmentbuildings that are requiredunder section 373-3.30(c) ofthis Subpartto meet the requirements for landfills. (3) States and the Federal government are exemptfrom the requirements ofthis section.

01-15-2002 6407 

### Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(4) The departmentmay replace all orpartofthe requirements ofthis section applying to a regulatedunitwith alternative requirements for financial assurance setoutin the permitorin an enforceable document (as defined in section**373~** 1.2[e][3) ofthis Part), where the department: (i) prescribes alternative requirements for the regulated unit under sections 373-3.6 and!

or 373-3.7(a)(4) ofthis Subpart; and

(ii) determines that it is not necessary to apply the requirements ofthis section because the alternative financial assurance requirements will protect human health and the environment. (b) 

### Definitions ofterms as used in this section. (1) 

### Closure plan 

### means the plan for closure prepared in accordance with the requirements of section 373-3.7(c) ofthis Subpart.

(2) 

### Current closure cost estimate means the most recent of the estimates prepared in accordance with paragraphs (c)(1), (2) and (3) ofthis section.



### (3) Currentpost-closure cost estimate means the most recent ofthe estimates prepared in accordance with paragraphs (e)(I), (2) and (3) ofthis section.



### (4) Parent corporation means a corporation which directly owns atleast 50 percent ofthe voting stockofthe corporation which is the facility owner oroperator; the lattercorporation is deemed a subsidiary ofthe parent corporation.



### (5) Post-closureplan means the plan for**post~closure** care preparedin accordance with the requirements ofsection 373-3.7(g)-UJ ofthis Subpart.



### (6) Revenue-oriented, or 

### revenue-oriented hazardous waste managementfacility, means any facility (as defined in section 27-0917[7] ofthe ECL or 6 NYCRR 370.2[bJ) for which a majority ofboth its operating revenues and profits after tax at that facility for the prior three years and for the current and next year have been and are expected to be attributable to the transportation, storing, handling, disposal, treatment or management of solid and hazardous wastes orrelated activities orto the ownership oforleasehold,pr otherinterestin any persons, facilities or other assets engaged in or used for such activities. In making such calculations under this provision, all sources ofoperating revenues and profits (both before and after tax) shall be included. The commissionermay request any person to show to the satisfaction ofthe commissioner, that the facility is not a**revenue~oriented** hazardous waste management facility by this definition. The commissionermay require aperson to presentits statements ofaccount, independently auditedby acertifiedpublic accountant, and otherrecords to make this showing,

(7) The following terms are used in the specifications for the financial tests for closure, post-closure care and liability coverage. The definitions are intended to assist in the understanding ofthese regulations and are not intended to limit the meanings ofterms in a way that conflicts with generally accepted accounting practices. (i) 

### Assets means all existing and all probable future economic benefits obtained or controlledby a particular entity. (li) 

### Current assets means cash orotherassets orresources commonly identified as those which are reasonably expected to berealized in cash or sold orconsumed during the normal operating cycle ofthe business.

(iii) 

### Current liabilities means obligations whose liquidation is reasonably expected to require the use ofexisting resources properly classifiable as current assets or the creation of other current liabilities,

(iv) 

### Current plugging and abandonment cost estimate means the most recent of the estimates prepared in accordance with 40 CPR 144.62 (see section 370.1 [e] ofthis Title),

(v) 

### Independently audited refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards,

(vi) 

### Liabilities means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result ofpast transactions or events. (vii) 

### Net working capital means current assets minus current liabilities.

6408 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.8

(viii) Net worth 

### means total assets minus total liabilities and is equivalent to owner's equity. (ix) Tangible net worth means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as good will and rights to patents orroyalties. 

### (8) In the liability insurance requirements the terms bodily injury andproperty damage shall have the meanings given these terms by applicable State law. However, these terms do not 

### include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The department intends the meanings ofother terms used in the liability insurance requirements to be consistent with 

### their common meanings within the insurance industry. The definitions given below ofseveral ofthe terms 

### are intendedto assistinthe understanding oftheseregulations and are notintended
to 

### limit their meanings in a way that conflicts with general insurance industry usage. (i) 

### Accidentaloccurrence means an accident, including continuous orrepeatedexposure to 

### conditions, which results in bodily injury or propeny damage neither expected nor intended from the standpoint of

### the insured. (ii) Legal defense costs means any expenses that an insurer incurs in defending against claims ofthird parties brought underthe terms and conditions of

### an insurance policy.

(iii) Nonsudden accidental occurrence means an 

### occurrence which takes place over time and involves continuous orrepeated exposure. (iv) Sudden accidental occurrence means 

### an occurrence which is not continuous or repeated in nature. (9) Substantial**busine~** 

### relationship means the extent ofa business relationship necessary under applicable State law to make a guarantee contract issued incident to 

### that relationship valid and enforceable. A substantial business relationship mustarise from a pattern ofrecentor ongoing business transactions, in addition to 

### the guarantee itself, such that acurrently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction ofthe commissioner. (c) Cost estimatesforfacility closure. (1) 

### The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in section**373-3.7(b)~(f)** 

### and applicable closure requirements in sections 373-3.9(i), 373-3.IO(e). 373-3.11(f). 373-3.12(g), 373-3. 13(g), 373-3.14(d). 373-3.15(e). 373-3.16(e). 373-3.17(e) and 373-3.30(c) ofthis Subpart. (i) The estimate must equal the cost offinal closure at the point in the facility's active life when the extent and manner ofits operation would make closure the most expensive, as indicated by its closure plan (see section 373-3.7[cJ [2] ofthis Subpart). (ii) 

### The closure cost estimate must be based on the costs to the owner or 

### operator of hiring athird party to close the facility. A 

### thirdpartyis a party who is neither a parent nor a subsidiary ofthe owner or operator. (See definition ofparent corporation in subdivision [b] 

### of this section.) The owner or operator may use costs for onsite disposal if the owner or operator can demonstrate that ansite disposal capacity will exist at all times over the life of the facility. (iii) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or 

### nonhazardous wastes if applicable under section 373-3.7(d)(4) ofthis Subpart, facility structures or equipment, land or 

### other assets associated with the facility at the time ofpartial orfinal closure.

(iv) The owner or operator may not incorporate a zero 

### cost for hazardous wastes, or nonhazardous wastes if applicable under section 373-3,7(d)(4) of this Subpart, that might have economic value.

6408.1 

### ConservationCHAPTER IV QUALITY SERVICES 

### § 373-3.8

(2) During the active life ofthe facility, the owneroroperator must adjust the closure cost estimate for inflation within 60 days prior to the anniversary date ofthe establishment ofthe financial instruments used to comply with subdivision (d) of this section. For owners and operators using the financial test or guarantee, the closure cost estimate must be updated for 

### inflation within 30 days after the close of the finn's fiscal year and before submission of updated infonnation to 

### the commissioner as specified in section 373-3.8(d)(5)(iii) of this Subpart. The adjustment may be made by 

### recalculating the maximum costs of closure in current dollars, Of by 

### using an inflation factor derived from the most recent 

### Implicit Price Deflatorfor Gross National Product published by the U.S. Department of Commerce in its 

### Survey ofCurrent Business, as specified in subparagraphs (i) and (ii) of this paragraph. The inflation factor is the result ofdividing the latest published annual deflator by the deflator for the previous year. (i) 

### The first adjustment is madeby multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.

(ii) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor. (3) During the active life ofthe facility, the owner oroperator must revise the closure cost estimate no later than 30 days after a revision has been made to the closure plan which increases the cost ofclosure. Ifthe owner oroperatorhas an approved closure plan, the closure cost estimate must be revised no later than 30 days after the commissioner has approved the request to modify the closure plan, jf the change in the closure plan increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in paragraph (2) ofthis subdivision.

(4) The owner or operatormust keep the following at the facility during the operating life ofthe facility: the latest closure cost estimate prepared in accordance with paragraphs (l) 

### and (3) ofthis subdivision and, when this estimate has been adjusted in accordance with paragraph (2) ofthis subdivision, the latest adjusted closure cost estimate. (d) 

### Financial assuranceforfacility closure. An owner or operator of each facility must establish financial assurance for closure ofthe facility. The owner or operator must choose from the options as specified in paragraphs (l) 

### through (5) ofthis subdivision. An owner or operator may also use a combination ofthe options specified in paragraphs (1) 

### through (5) to provide the total amount offinancial assurance for the closure ofthe facility. (1) 

### Closure trust fund. (i) An owner or operator may satisfy the requirements of this subdivision by establishing a closure trust fund which confonns to the requirements ofthis paragraph and submitting an originally signed duplicate of the trust agreement to 

### the commissioner. The trustee must be 

### an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.

(ii) The wording of the trust agreement must be identical to the wording specified in section 

### 373-2.8(j)(I) ofthis Part, and the trust agreement must be accompanied by a formal certification ofacknowledgment (forexample, see section 

### 373-2.80][ID. Schedule A ofthe trust agreement must be updated within 60 days after a change in the amount ofthe current closure cost estimate covered by the agreement.

(iii) Payments into the trust fund must be made annually by the owner or operator over the first five years of operation or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereinafterreferred to as the "pay-in period." The payments into the closure trust fund must be made as follows: (a) 

### For a new orrevenue-oriented facility, the first payment must be equal to the total closure cost estimate, or an alternative mechanism must be provided which, when combined with the trust fund, provides financial assurance for an amount at least equal to the current closure cost estimate. For a revenue-oriented facility, the first payment is due 90 days afterthe date that these regulations are promulgated. Fora new facility, this payment will be made before the initial receipt of hazardous waste for treatment, storage or disposal.

1·1·95 (Reissued 7/9S) 6409 Conservation

### § 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) For an existing facility which is not revenue-oriented, the first payment must be at least equal to the current closure cost estimate, except as provided in paragraph (2) ofthis subdivision. divided by the number ofyears in the pay-in period.

(c) Subsequent payments must be made no later than 30 days after e:.lch anniversary date ofthe first payment. The amount ofeach subsequent payment must be determined by this fonnnIa:

CE-eV Next payment"" --yWhere CE is the current closure cost estimate, CV is the current value ofthe lruS[ fund. and Y is the number ofyears remaining in the pay-in period.

(iv) The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the current closure cost estimate at the time the fund 15 established. However, the owneroroperatormust maintain the value ofthe fund at no less than the value that the fund would have ifannual payments were made 

### as specified in subparagraph (iii) of this paragraph.

(v) 

### If the owner or operator established a closure trust fund after having used one or
more alternate mechanisms specified in this subdivision, the first payment must be in at least the amount that the fund would contain ifthe trust fund were established initially and annual payments made as specified in subparagraph (iii) ofthis paragraph.

(vi) After the pay-in period is completed or whenever the current closure cost estimate changes, the owneroroperator mustcompare the new estimate with the trustee's most recent annual valuation ofthe trust fund. Ifthe value ofthe fund is less than the amount ofthe new estimate, the owner or operator, within 

### 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its value after this deposit at !east equals the amount ofthe current closure cost estimate, or obtain other financial assurance as specified in this subdivision to cover the difference.

(vii) Ifthe value ofthe trust fund is greater than the total amount ofthe current closure cost estimate, the owner or operator may submit a written request to the commissioner for release ofthe amount in excess ofthe current closure cost estimate.

(viii) 

### If an owner or operator substitutes other financial assurance as specified in this subdivision for all or part of the trust fund, the owner or operator may submit a written request to the commissioner for release ofthe amount in excess ofthe current closure cost estimate covered by the trust fund.

Ox) Within 

### 60 days after receiving a request from the owner or operator for release of funds 

### as specified in subparagraph (vii) or (viii) of this paragraph, the commissioner will instruct the trustee to release to the owner or operator such funds as the commissioner specifies in writing.

(x) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or final closure may request reimbursements for partial orfinal closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request reimbursements for partial closure only ifsufficient funds are remaining in the trust fund to cover the maximum costs ofclosing the facility over its remaining operating life. Within 

### 60 days after receiving bills for partial or final closure activities, the commissioner will instruct the trustee to make reimbursements in those amounts as the commissioner specifies in writing, if the commissioner determines that the partial or final closure expenditures are in accordance with the approved closure plan, or othelV/isejustified. Ifthe commissioner has reason to believe that the maximum cost ofclosure over the remaining life ofthe facility will be significantly greaterthan the value ofthe trust fund, the commissioner may withhold reimbursements of such amounts as he or she deems prudent until the commisioner determines, in accordance with paragraph (8) ofthis subdivision, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the commissioner does not instruct the trustee to make such reimburse6410 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373-3.8

ments, the commissionerwill provide the owneroroperatorwith a detailed written statement ofreasons.



### (xi) The commissioner will 

### agree to termination ofthe trust when:

(a) an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) the commissioner releases the owner or operator from the requirements of this subdivision in accordance with paragraph (8) ofthis subdivision. (2) Suretybond. (i) An owneroroperatormay satisfy the requirements ofthis subdivision by obtaining a surety bond which conforms to the requirements ofthis paragraph and sUbmitting the bond to the commissioner. The surety company issuing the bond must, at a ffiinimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department ofthe Treasury. (ii) The wording ofthe surety bond mustbe identical to the wording specifiedin section 373-2.8(j)(2) ofthis Part

(iii) The owner or operator who uses a surety bond to satisfy the requirements of this subdivision must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be depositedbythe surety directly into the standby trustfund in accordance with instructions from the commissioner. The standby trust fund must meet the requirements specified in paragraph (1) ofthis subdivision, except that: (a) an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and

(b) until the standby trust fund is funded pursuantto the requirements ofthis**subdivi~** sion, the following are notrequired by these regulations: (1) payments into the trust fund as specified in paragraph (1) ofthis subdivision; (2) updating ofSchedule A ofthe trust agreement (see section 373-2.8UJ[1] ofthis Part) to show current closure cost estimates;

(3) annual valuations as required by the trust agreement; and (4) notices ofnonpayment as requiredby

### the trust agreement. (iv) The bond must guarantee that the owneroroperator will:

(a) fund the standby trustfundin an amountequal to the penal sumofthebondbefore the beginning offinal closure ofthe facility; or

(b) fund the standby trust fund in an amount equal to the penal sum within 15 days after an order to begin final closure is issued by the commissioner or a United States districtcourt or other court ofcompetentjurisdiction; or (c) provide alternate 

### fmandal assurance as specified in this subdivision, and obtain the commissioner's written approval of the assurance provided, within 90 days after receipt by both the owneror operator and the commissioner ofa notice ofcancellation of the bond from the surety. (v) Under the terms ofthe bond, the surety will become liable on the bond obligation when the owner or operatorfails to perform as guaranteed by the bond.

(vi) The penal sumofthe bondmustbe in an amount atleastequal to the currentclosure cost estimate, except as provided in paragraph (6) ofthis subdivision.

(vii) Wheneverthe current closure costestimateincreases to an amount greaterthan the penal sum, the owner or operator. within 60 days after the increase, must either cause the penal sumto 

### be increased to an amount atleastequal to the currentclosure costestimate and submitevidence ofsuchincrease to the commissioner, orobtain otherfinancial assurance as specified in this subdivision to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount ofthe current closure cost estimate following written approval by the commissioner.

11-15-99 6411 Conservation

### § 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(viii) Under the terms ofthe bond, the surety may cancel the bond by sending notice of cancellation by certified mail, return receipt requested to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date ofreceipt ofthe notice ofcancellation by both the owner or operator and the**commis~** 

### sioner, as evidenced by 

### thereturn receipts.

(ix) The owner or operator may cancel the bond if the commissioner has given prior written consentbased on the receipt ofevidence ofalternate financial assurance as specified in this subdivision. (3) Closure letter ofcredit. (i) An owner or operator may satisfy the requirements of this subdivision by obtaining an irrevocable letter ofcredit which conforms to the requirements ofthis paragraph and submitting theletterto the commissioner. The issuing institution must be an entity which has the authority to issue letters ofcredit and whose letter ofcredit operations are regulated and examined by a Federal or State agency.

Oi) The wording of the letter of credit must be identical to the wording specified in section 373-2.8(j)(3) ofthis Part.

(iii) An owner or operator who uses a letter ofcredit to satisfy the requirements ofthis subdivision must also establish a standby trust fund. Under the tenus ofthe letter ofcredit, all amounts paid pursuant to a draft by the commissioner will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trustfund mustmeetthe requirements ofthe trustfund specified inparagraph (1) ofl'his subdivision, except that: (a) an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letterofcredit; and

(b) unless the standby trust fund is funded pursuant to the requirements of this subdivision, the following are notrequired by these regulations: (1) payments into the trust fund as specified in paragraph (1) ofthis subdivision; (2) updating ofSchedule A ofthe trust agreement (see section 373-2.8[j][ 1] ofthis Part) to show current closure cost estimates;

(3) annual valuations as required by the trust agreement; and (4) notices ofnonpayment as requiredby the trust agreement. (iv) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter ofcredit by number, issuing institution, and date, and providing the following infonnation: the EPA identification number, name and address ofthe facility, and the amount offunds assured for closure ofthe facility by the letter ofcredit.

(v) The letter ofcredit must be irrevocable and issued for a period ofat least one year. The letterofcreditmustprovide thatthe expiration date will be automatically extendedfor a period ofat least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner, by certified mail, return receipt requested, of a decision not to extend the expiration date. Under the tenus of the letter of credit, the 120 days will begin on the date when both the owner or operatorand the commissionerhave receivedthe notice, as evidencedby the return receipts.

(vi) The letterofcredit mustbe issued in an amount atleast equal to the current closure cost estimate, except as providedin paragraph (6) ofthis subdivision.

(vii) Whenever the current closure costestimate increases to an amount greater than the amount ofthe credit, the owner or operator, within 60 days after the increase, must either

cause the amountofthe creditto beincreased so thatitatleastequals the currentclosure cost estimate, and submitevidence ofsuchincrease to the commissioner, orobtain otherfinancial

assurance as specifiedin this**subd~vision** to coverthe increase. Wheneverthe currentclosure costestimate decreases, the amountofthe creditmay bereduced tothe amountofthe current closure cost estimate following written approval by the commissioner.

(viii) Following a determination, pursuant to section 373-3.7 ofthis Subpart, that the

owneroroperatorhas failed to perfonu final closure in accordance with the closure plan and

6412 Conservation Il·I5-99CHAPTER IV QUALITY SERVICES 

### § 373-3.8

otherinterim status requirements when required to do so, the commissionermay draw on the letterofcredit.

(Ix) 

### Ifthe owneroroperatordoes not establish alternate financial assurance, as specified in this subdivision, and obtain written approval ofsuch alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner ofa notice from the issuing institution that 

### ithas decided not to extendthe letterofcreditbeyond the current expiration date, the commissioner will draw on the letterofcredit. The commissioner may delay the drawing ifthe issuing institution grants an extension ofthe tenn ofthe 

### credit. During the last 30 days of any such extension, the commissioner will draw on the letter ofcredit ifthe owner or operator has failed to provide alternate financial assurance as specifiedin this subdivision and obtain written approval ofsuch assurance from the commissioner.

(x) The commissioner will return the letter of credit to 

### the issuing institution for termination when: (a) 

### an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) 

### the commissioner releases the owner or operator from the requirements of this section in accordance with paragraph (8) 

### ofthis subdivision. (4) 

### Closure insurance. (i) 

### An owner or operator may satisfy the requirements ofthis subdivision by obtaining closure insurance which conforms to the requirements of this paragraph and submitting a certificate ofsuch insurance to the commissioner. The owner or operator must submit to the commissioner a lener from an insurer stating that the insurer is considering issuance ofclosure insurance conforming to the requirements ofthis paragraph to the owner or operator. Within 90 days after the effective date of these regulations, the

owner or operator must submit the certificate ofinsurance to the commissioner or establish other financial assurance as specified in this section. At a minimum, the insurer must be authorized by the Superintendent of the New York State Insurance Department to conduct the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in New York State.

(ij) 

### The wording ofthe certificate ofinsurance must be identical to the wording specified in section 373-2.80)(4) ofthis Part.



### (iii) The closure insurance policy must be issued for a limit ofliability at least equal to the current closurecostestimate, except as providedin paragraph (6).of

### this subdivision. The term limits of liability 

### means the total amount the insureris obligatedto payunderthe policy. Actual payments by the insurer will not change the limits ofliability, although the insurer's future liability will be lowered by the amount ofthe payments.

(iv) The closureinsurancepolicy must guaranteethat funds will be availableto closethe facility wheneverfinal closure occurs. The policy must also guaranteethat once final closure begins, the insurer will be responsible for paying out funds, up to 

### an amount equal to the limits of liability of the policy, upon the direction of the commissioner, to 

### such party or parties as the commissioner specifies.

(v) After beginning partial or final closure, an owner or 

### operator or any other person authorized to conduct closure may request reimbursements for closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request**reim~** 

### bursements for partial closure only ifthe remaining value ofthe policy is sufficient to cover the maximum costs ofclosing the facility over its remaining operating life. Within 

### 60 days afterreceiving bills for closure activities, the commissioner will instruct the insurerto make reimbursements in such amounts as the commissioner specifies in writing, ifthe**commis~** 

### sioner determines that the partial or final closure expenditures are in accordance with the approved closure plan or otherwisejustified. If 

### the commissioner has reason to 

### believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount ofthe policy, the commissioner may withhold reimbursements of such amounts 

### as he or she deems prudent until the commissioner detennines, in accor**Oct~Dec** 1995 6413 

### Conservation

### § 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

dance with paragraph (8) ofthis subdivision, that the owneroroperatoris no longerrequired to maintain financial assurance for final closure ofthe particularfacility. Ifthe commissioner does not instruct the insurer to make such reimbursements, the commissioner 

### will provide the owner or operator with a detailed written statementofreasons.



### (vi) The owner or operator must maintain the policy in full force and effect until the commissioner consents to tennination ofthe policy by the owner or operator as specified in 

### subparagraph (x) of this paragraph. Failure to pay the premium, without substitution of alternate financial assurance as specified in this subdivision, will 

### constitute a significant violation of these regulations, warranting such remedy as the commissioner deems necessary. Such violation will be deemed to begin upon receiptby the commissionerofanotice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date ofexpiration.

(vii) Each policy must contain a provision allowing assignment of the policy to a
successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not_unreasonably refused.

(viii) The policy must provide that the insurermay not cancel, terminate orfail to renew the policy except for failure to pay the premium. The automatic renewal ofthe policy must, at a minimum, provide the insured with the option ofrenewal at the limits ofliability ofthe expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to 

### renew the policy by sending notice, by certified mail, return receipt requested, to the owner or operator and the commissioner. Cancellation, termination or failure to renew may not occur, however, during the ]20 days beginning with the date of receipt ofthe notice by both the commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew may not occur and the policy will remain in full force and effect, in the event that on or before the date of expiration: (a) 

### the commissioner deems the facility abandoned; or (b) 

### interim status is terminated or revoked; or (c) 

### closure is ordered by the commissioner or a United States district court or other court ofcompetentjurisdiction; or

(d) 

### the owner oroperatoris named as debtorin a voluntary orinvoluntary proceeding under II USCA (Bankruptcy); or (e) 

### the premium due is paid. (ix) Whenever the current closure cost estimate increases to an amount greater than the limits ofliability ofthe policy, the owneror operator, within 60 days after the increase, must either cause the limits ofliability face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence ofsuch increase to 

### the commissioner,

or obtain other financial assurance as specified in this subdivision to 

### cover the increase. Whenever the current closure cost estimate decreases, the limits ofliability may be reduced to the amountofthe currentclosure cost estimate following written approval by the commissioner.

(x) The commissioner will give written consent to the owner or operator that the insurance policy may be terminated when: (a) 

### an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) 

### the commissioner releases the owner or operator from the requirements of this section in accordance with paragraph (8) ofthis subdivision. (5) Financial test and guarantee for closure. (1) 

### An owner or operator of a facility which is not a revenue-oriented facility may satisfy the requirements of this section by demonstrating that the owner or operator passes a financial test as specified in this paragraph. No revenue-oriented facilities will be allowed to use this financial assurance mecha64] 4 Conservation Oct-Dec 1995CHAPTER IV QUALITY SERVICES 

### § 373-3.8

nisrn. To pass this test, the owneroroperator mustmeet the criteria ofeitherclause (a) or (b) 

### ofthis subparagraph. (a) The owner oroperator must have:

(1) two ofthe following three ratios: aratio oftotal liabilities to net worth less than 2.0; a ratio ofthe sum ofnet income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio ofcurrent assets to current liabilities greater than 1.5;

(2) net working capital and tangible net worth each at least six times the sum ofthe current closure and**post~closure** cost estimates and the current plugging and abandonment cost estimates;

(3) tangible net worth ofat least $10 million; and (4) assets in the United States amounting to at least 90 percent ofthe total assets or at least six times the sum ofthe current closure and post-closure cost estimates and the current plugging and abandonment cost estimates. (b) The owner or operator must have:

(1) a current rating for their most recent bond issuance ofAAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Baa as issued by Moody's;

(2) tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment costs;

(3) tangible net worth ofat least $10 million; and (4) assets located in the United States amounting to at least 90 percent ofthe total assets or atleast six times the sum ofthe current closure and post-closure cost estimates and the current plugging and abandonment costs. (ii) The phrases "current closure and**post~closure** costestimates" and "current plugging and abandonment cost estimates," as used in subparagraph (i) ofthis paragraph, refer to the cost estimates required to 

### be shown in paragraphs 1-3 of the letter from the owner's or operator's chieffinancial officer.

(iii) To demonstrate that he or she meets this test, the owner oroperatormust submit the following items to the commissioner: (a) a letter signed by the owner's or operator's chieffinancial officer and worded as specified in section 373-2.80)(5) ofthis Part;

(b) a copy ofthe independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and

(c) a special report from the owner's or operator's independent certified public accountant to the owneror operator stating that: (1) the accountant has compared the data which the letter from the chieffinancial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and

(2) in connection with that procedure, no matters came to the accountant's attention which caused the accountant to believe that the specified data should be adjusted. (iv) After the initial submission of items specified in subparagraph (iii) of this paragraph, the owner or operator must send updated infonnation to the commissioner within 90 days after the close ofeach succeeding fiscal year. This infonnation must consist ofall three items specified in subparagraph (iii) ofthis paragraph.

(v) Ifthe owneroroperatorno longer meets the requirements ofsubparagraph (1) ofthis paragraph, the owner oroperatormust send notice to the commissioner ofintent to establish alternate financial assurance as specified in this subdivision. The notice must be sent by certified mail, return receipt requested, within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the

1-1-95 (Reissued 7195) 6415 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVAnON

requirements. The owner or operator must provide the alternate financial assurance within 120 days after the end ofsuch fiscal year.

(vi) The commissionermay, based on areasonable beliefthatthe owneroroperatormay


### no longer meet the requirements of subparagraph (i) 

### of this paragraph, require reports of financial condition at any time from the owner or operator in addition to those specified in subparagraph (iii) ofthis paragraph. 

### Ifthe commissionerfinds, on the basis ofsuch report or other information, that the owner or operator no longer meets the requirements of subparagraph (i) ofthis paragraph, the owner or operatormust provide alternate financial assurance

as specified in this subdivision within 30 days afternotification ofsuch a finding.

(vii) The commissionermay disallow use ofthis test on the basis ofqualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see clause [iii][ b] of this paragraph). An adverse opinion or a disclaimer ofopinion will be cause for disallowance. The commissioner will evaluate other qualifications on an individual basis. The owner or operator must provide alternate financial assurance as specified in this subdivision within 30 days afternotification ofthe disallowance.

(viii) The owner or operator is no longer required to submit the items specified in subparagraph (iii) ofthis paragraph when: (a) an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) the commissioner releases the owner or operator from the requirements of this section in accordance with paragraph (8) ofthis subdivision. (ix) An owneroroperatorofa facility which is not a revenue-oriented facility may meet the requirements ofthis subdivision by obtaining a written guarantee, hereinafterreferred to

as "guarantee." Ifthe finn which is providing the guarantee does not meet the definition of "revenue-oriented" in section 373-2.8 or 373-3.8 ofthis part, it may provide the guarantee on behalfofthe owneroroperatoreven ifthe owneroroperatoris a "revenue-oriented" facility. However, the financial statement ofthe owner or operator cannot be consolidated with the financial statement ofthe guarantor. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a finn whose parent corporation is also the parent corporation ofthe owneroroperator, or a finn with a "substantial business relationship" with the owner or operator. The guarantormust meet the requirements for owners oroperators in subparagraphs (i) through (vii) of this paragraph and must comply with the terms of the guarantee. The wording ofthe guarantee mustbe identical to the wording specifiedin section 373-2.8(j)(6) ofthis Part. A certifiedcopy ofthe guarantee must accompany the items sentto the commissioner as specified in subparagraph (iii) of this paragraph. One of these items must be the letter from the guarantor's chief financial officer. 

### If the guarantor's parent corporation is also the parent corporation ofthe owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a finn with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration ofthe guarantee. The tenns ofthe guarantee must provide that: (a) Ifthe owner or operator fails to perfonn final closure ofa facility covered by the guarantee in accordance with the closure plan and other interim status requirements whenever required to do so, the guarantor will do so or make payment as the commissioner shall direct, in writing.

(b) The guarantee will remain in force unless the guarantor sends notice ofcancellation, by certified mail, return receipt requested. to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.

(c) Ifthe owner or operator fails to provide alternate financial assurance as specified in this subdivision and obtain the written approval of such alternate assurance from the

6416 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373-3.8

commissioner, within 90 days afterreceiptby boththe owneroroperatorand the commissioner ofa notice ofcancellation ofthe guarantee from the guarantor, the guarantor 

### will provide such alternate financial assurance in the name ofthe owneror operator. (6) Use ofmultiple financial mechanisms. An owner or operator may satisfy the require

### ments of this subdivision by 

### establishing more than one financial mechanism per facility. These mechanisms are limited to trustfunds, surety bonds, letters ofcredit, and insurance. The mechanisms must be as specified in paragraphs (1) through (4), respectively, ofthis subdivision, exceptthatitis the combination ofmechanisms, ratherthan the single mechanisms, which must provide financial assurance for an amount at least equal to the current closure cost estimate. Ifan owner oroperatoruses a trustfund in combination with a surety bond or a letter ofcredit, the trustfund may be used as the standby trustfund for the othertwo mechanisms. A single standby trust fund, ifrequired, may be established for two or more mechanisms. The commissioner may use any or all ofthe mechanisms to provide for closure ofthe facility.

(7) Use ofa financial mechanism for multiple facilities. An owner or operator may use a financial assurance mechanism specified in this subdivision to meet the requirements ofthis subdivision for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the EPA identification number, name, address, and the amount offunds for closure assuredby the mechanism. The amount of funds available through the mechanism must be no less than the sum offunds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure ofany ofthe facilities coveredby the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use ofadditional funds available under the mechanism.

(8) Release ofthe owner or operatorfrom the requirements ofthis subdivision. Within 60 days afterreceiving certifications from the owner oroperator and an independentprofessional engineerregistered in New York that final closure has been completed in accordance with the approved closure plan, the commissioner will notify the owneroroperator, in writing, that the

owner or operator is no longerrequired by this subdivision to maintain financial assurance for final closure ofthe facility, unless the commissionerhas reason to believe thatfinal closure has not been in accordance with the approved closure plan. The commissioner shall provide the

owneroroperatora detailed written statementofthereason to believe thatclosurehas notbeen in accordance with the approved closure plan. (e) 

### Cost estimateforpost-closure care. (1) The owner or operator ofa hazardous waste disposal unitmusthave a detailed written estimate, in currentdollars, ofthe annual costofpostclosure monitoring and maintenance of the facility in accordance with the applicable**post~** closure regulations in subdivisions (g) through 

### G) of this section and sections 373-3.11(e), 373-3.12(g), 373-3.13(g) and 373-3.14(d) ofthis Subpart. (i) The post-closure cost estimate mustbe based on the costs to the owneroroperatorof hiring a third party to conduct post-closure care activities. A 

### thirdparty is a party who is neither a parentnor a subsidiary ofthe owneroroperator, (See definition ofparent corporation in subdivision [b] ofthis section.)

(ii) The**post~closure** cost estimate is calculated by multiplying the annual post-closure cost estimate by the number ofyears ofpost-closure care required under section**373~2.7(g)** ofthis Part. (2) During the active life ofthe facility, the owneroroperatormust adjustthe post-closure cost estimate for inflation within 60 days prior to the anniversary date ofthe establishment of the financial instruments used to comply with subdivision (f) ofthis section. For owners and operators using the financial test or guarantee, the post-closure care cost estimate must be updated for inflation within 30 days after the close of the firm's fiscal year and before submission ofupdatedinformation to the commissioneras specifiedin section 373-3.8(f)(5)(v) ofthis Subpart The adjustment may be made by recalCUlating the post-closure cost estimate in current dollars, or by using an inflation factor derived from the most recent 

### Implicit Price Deflatorfor Gross National Product published by the U.S. Department of Commerce in its

ll-I5-99 

### 6417 Conservation

### § 

### 373-3.8 TITLE 6 E.,<VIRONMENTAL CONSERVATION



### Survey ofCurrent Business, as specified in subparagraphs (i) and (ii) ofthis paragraph. The inflation factor is the result ofdividing the latest published annual deflator by the deflator for the previous year. (i) The first adjustment is made by multiplying the post-closure cost estimate by the inflation factor. The resultis the adjusted closure cost estimate.

(li) Subsequent adjustments are made by multiplying the latest adjusted**post~closure** cost estimate by the latest inflation factor. (3) During the active life ofthe facility, the owneroroperatormustrevise the**post~closure** cost estimate no laterthan 30days after a revision to the post-closure plan which increases the cost ofpost-closure care. 

### Ifthe owneroroperator has an approved post-closure plan, the post· closure costestimate mustberevised no laterthan 30days afterthe commissionerhas approved the requestto modify the plan, ifthe change in the post-closure plan increases the costofpostclosure care. The revised post-closure cost estimate must be adjusted for inflation as specified in paragraph (2) ofthis subdivision. (4) The owneror operator mustkeep the following at the facility during the operating life ofthe facility: the latest post-closure costestimate prepared in accordance with paragraphs (1) and (3) of this subdivision and, when this estimate has been adjusted in accordance with paragraph (2) ofthis subdivision, the latest adjusted post-closure cost estimate. (f) 

### Financial assurancejorpost-closure care. An owner or operator of a facility with a hazardous waste disposal unit must establish financial assurance for post-closure care of the disposal units. (1) Post-closure trust fund. (i) An owner or operator may satisfy the requirements of this subdivisionby establishing apost-closuretrustfund which conforms to the requirements ofthis paragraph and submitting an originally signed duplicate ofthe trust agreement to the commissioner. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.

Oi) The wording of the trust agreement must be identical to the wording specified in section 373-2.8U)(1) ofthis Part, and the trust agreement must be accompaniedby a formal certification ofacknowledgment (forexample. see section 

### 373-2.8UJll]). Schedule 

### A ofthe trust agreement must be updated within 60 days after a change in the amount ofthe current post·closure cost estimate covered by the agreement. (iii) Payments into the trust fund must be made annually by the owneror operatorover the first five years of operation or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereimuterreferred to as the "pay-in period." The payments into the post-closure trust fund must be made as follows: (a) Fora new orrevenue-oriented facility, the fIrst paymentmustbe equal to thetotal post-closure cost estimate, or an alternative mechanism must be provided, which when combined with the trustfund, provides financial assurance for an amount atleastequal to the current post-closure cost estimate. For a revenue oriented facility the first payment is due 90 days after the date these regulations are promulgated. For all other facilities, the first payment must be at least equal to the current post-closure cost estimate, except as providedinparagraph (6) ofthis subdivision, dividedby the numberofyears in the pay·in period. (b) Subsequent payments must be made no later than 30 days aftereach anniversary date ofthe first payment. The amountofeach subsequentpaymentmustbe determinedby this formula:

CE-CV Next payment= _ y where CE is the current post-closure costestimate, CV is the current value ofthe trust fund, and Y is the numberofyears remaining in the pay-in period.

6418 Conservation 11·15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.8

(iv) The owner or operator may accelerate payments into the trust fund or may deposit the full amount ofthe current post-closure cost estimate at the time the fund is established. However, the owneroroperatormust maintain the value ofthe fund at no less than the value 

### that the fund would have 

### ifannual payments were made as specified in subparagraph (iii) 

### of this paragraph.



### (v) Ifthe owneroroperatorestablishes a**post~closure** 

### trust fund afterhaving used one or
more alternate mechanisms specified in this subdivision, the first payment mustbe in at least the amount that the fund would contain 

### ifthe trust fund were established initially and annual payments made as specified in subparagraph (iii) 

### ofthis paragraph.

(vi) After the payMin period is completed, whenever the current postMclosure cost estiM
mate changes during the operating life ofthe facility, the owner or operator must compare the new estimate with the trustee's most recent annual valuation ofthe trust fund. Ifthe value ofthe fund is less than the amountofthe new estimate, the owneroroperator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its value afterthis deposit at leastequals the amount ofthe current post-closure cost estimate, or obtain other financial assurance as specified in this subdivision to cover the difference.

(vii) During the operating life ofthe facility, ifthe value ofthe trust fund is greaterthan the total amount ofthe Current post-closure cost estimate, the owneroroperatormay submit

awritten request to the commissionerfor release ofthe amount in excess ofthe current postclosure cost estimate.

(viii) Ifan owner or operator substitutes other financial assurance as specified in this subdivision for all or part of the trust fund, the owner or operator may submit a written request to the commissioner for release ofthe amount in excess ofthe current postMclosure cost estimate covered by the trust fund.

(ix) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subparagraph (vii) or (viii) ofthis paragraph, the commissioner 

### will instruct the trustee to release to the owner or operator such funds as the commissioner specifies in writing.

(x) During the period ofpostMclosure care, the commissioner may approve a release of funds ifthe owner or operator demonstrates to the commissioner that the value ofthe trust fund exceeds the remaining cost ofpost-closure care.

(xi) An owner or operator or any other person authorized to conduct post-closure care may request reimbursements for post-closure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for post-closure care activities, the commissioner will instruct. the trustee to make reimbursements in those amounts as the commissioner specifies in writing, if the commissioner detennines that the post-closure expenditures are in accordance with the approvedpost-closureplan, orotherwisejustified. If the commissioner does not instruct the trustee to make such reimbursements, the commisM sioner will provide the owner or operator with a detailed written statement ofreasons.

(xii) The commissioner will agree to tennination ofthe trust when:

(a) 

### an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) 

### the commissioner releases the owner or operator from the requirements of this subdivision in accordance with this paragraph. (2) Surety bond. (i) 

### An owneroroperatormay satisfy the requirements ofthis subdivision by obtaining a surety bond which confonns to the requirements ofthis paragraph and submitting the bond to the commissioner. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department ofthe Treasury.

(ij) 

### The wording ofthe surety bond must be identical to the wording specified in section 373-2.80)(2) ofthis Part.

1·1-95 (Reissued 7/95) 6419 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) 

### The owner or operator who uses a surety bond to satisfy the requirements of this subdivision must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will 

### be deposited by 

### the surety into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in paragraph (1) ofthis subdivision, except that: (Q) 

### an originally signed duplicate of the trust agreement must be submitted to the commissioner with 

### the surety bond; and

(b) 

### until the standby trust fund is funded pursuant to the requirements ofthis subdivision, the following are not required 

### by these regulations: (1) 

### payments into the trust fund as specified in paragraph (1) ofthis subdivision; (2) updating ofSchedule Aofthe trust agreement (see section 373-2.8[j][1] ofthis Part) to show current post-closure cost estimates;

(3) annual valuations as required by the trust agreement; and (4) notices ofnonpayment as required by the trust agreement. (iv) The bond must guarantee that the owneroroperator will:

(a) 

### fund the standby trust fund in an amountequal to the penal sumofthe bond before the beginning offinal closure ofthe facility;

(b) 

### fund the standby trust fund in an amount equal to the penal sum within 15 days after an order to begin final closure is issued by the commissioner or a United States district court orother court ofcompetentjurisdiction; or

(c) 

### provide alternate financial assurance as specified in this subdivision, and obtain the commissioner's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the commissioner ofa notice ofcancellation of the bond from the surety. (v) Under the tenns ofthe bond, the surety will become liable on the bond obligation when the owner or operator fails to perfonn as guaranteed by the bond.

(vi) The penal sum ofthe bond must be in an amount at least equal to the current postclosure cost estimate, except as provided in paragraph (6) ofthis subdivision.

(vii) Whenever the current post-closure cost estimate increases to 

### an amount greater than the penal sum. the owner or operator, within 60 days after the increase, must either

cause the penal sum to be increased to 

### an amount at least equal to the current post-closure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this subdivision to cover the increase. Whenever the current post-closure cost estimate decreases, the penal sum may be 

### reduced to the amountof the current post-closure cost estimate, following written approval by the commissioner.

(viii) Under the tenns ofthe bond, the surety may cancel the bond by sending notice of cancellation, by certified mail, return receipt requested, to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date ofreceipt ofthe notice ofcancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.

(ix) The owner or operator may cancel the bond if the commissioner has given prior written consent based on the receiptofevidence ofalternate financial assurance as specified in this subdivision. (3) Post-closure letter ofcredit. (I) 

### An owner oroperator may satisfy the requirements ofthis subdivision by obtaining an irrevocable standby letterofcredit which confonns to the requirements ofthis paragraph and submitting the letter to the commissioner. The issuing institution mustbe an entity which has the authority to issue letters ofcredit and whose letter ofcredit operations are regulated and examined by a Federal or State agency.

(ii) The wording of the letter of credit must be 

### identical to the wording specified in section 373-2.80)(3) 

### ofthis Part.

6420 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373-3.8

(iii) An owner or operator who uses a letter ofcredit to satisfy the requirements ofthis subdivision must also establish a standby trust fund. Under the terms ofthe letter ofcredit, all amounts paid pursuant to a draft 

### by the commissioner will be deposited 

### by the issuing 

### institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trustfund mustmeetthe requirements ofthe trustfund specified in paragraph (1) ofthis subdivision, exceptthat: (a) an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter ofcredit; and

(b) 

### unless the standby trust fund is funded pursuant to the requirements of this subdivision, the following.are not required by these regulations: (1) payments into the trust fund as specified in paragraph (1) ofthis subdivision; (2) updating ofSchedule A ofthe trust agreement (see section 373-2.8UJ[1 ] ofthis Part), to show current post-closure cost estimates;

(3) annual valuations as requiredby the trust agreement; and (4) notices ofnonpayment as required by the trust agreement. (iv) The letter of credit must be accompanied by a letter from the owner or operator refening to the letter of credit by number, issuing institution and date, and providing the following information: the EPA identification number, name and address ofthe facility, and the amount offunds assured for**post~closure** care ofthe facility by letterofcredit.

(v) The letter ofcredit must be irrevocable and issued for a period ofat least one year. The letterofcredit mustprovide thatthe expiration date will be automatically extendedfor a period ofat least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner, by certified mail, return receipt reque.sted, of a decision not to extend the expiration date. Under the terms ofthe letter of credit, the 120 days will begin on the date when both the owner or operatorand the commissionerhave received the notice, as evidencedby the returnreceipts.

(vi) The letter ofcredit must be issued in an amount at least equal to the current postclosure cost estimate, except as providedin paragraph (6) ofthis subdivision.

(vii) Whenever the current post-closure cost estimate increases to an amount greater than the amount ofthe credit during the operating life ofthe facility, the owner or operator, within 60 days after the increase, must eithercause the amount ofthe credit to be increased

so that it at least equals the current post-closure cost estimate and submit evidence ofsuch increase to the commissioner, orobtain otherfinancial assurance as specified in this subdivision to coverthe increase. Wheneverthe currentpost-closure costestimate decreases during the operating life ofthe facility, the amountofthe creditmay bereduced to the amount ofthe currentpost-closure cost estimate following written approval by the commissioner.

(viii) During the period**ofpost~closure** care, the commissioner may approve a decrease in the amount ofthe letter ofcredit ifthe owner or operator demonstrates to the conunissionerthat the amountexceeds the remaining cost ofpost-closure care.

(ix) Following a determination, pursuant to section 373-3.7 of this Subpart, that the

owneroroperatorhas failed to performpost·closurecare in accordance with the post·closure plan and otherpermitrequirements, the commissionermay draw on the letterofcredit. (x) 

### Ifthe owner oroperator does not establish alternate financial assurance as specified in this subdivision and obtain written approval ofsuch alternate assurance from the conunissioner within 90 days afterreceipt by both the owner or operator and the commissioner ofa notice from the issuing institution thatithas decided notto extendthe letterofcreditbeyond the current expiration date, the commissioner will draw on the letter ofcredit. The commis· sionermay delay the drawings ifthe issuing institution grants an extension ofthe term ofthe credit. During the last 30 days of any such extension, the commissioner 

### will draw on the letter ofcredit ifthe owneroroperatorhas failed to provide alternate financial assurance as specifiedin this subdivision and obtain written approval ofsuch assurance from the commissioner.

11-15-99 

### 6421 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION



### (xi) The commissioner 

### will return the letter of credit to the issuing institution for termination when: (a) 

### an owner or operator substitutes alternate financial 

### aSSurance as specified in this subdivision; or

(b) 

### the commissioner releases the owner or operator from the requirements of this subdivision in accordance 

### with paragraph (8). 

### (4)**Post~closure** 

### insurance. (i) 

### An owner or operator may satisfy the requirements of this subdivision 

### by obtaining postwclosure insurance which confonns to the requirements of 

### this paragraph and submitting a certificate of such insurance to 

### the commissioner. At a minimum, the insurer must be authorized by 

### the superintendent of the New York State Insurance Department to conduct the business ofinsurance, or eligible to provide insurance



### as an excess or surplus lines insurer, in New York State.

(ii) The wording ofthe certificate ofinsurance must be identical to the wording**speci~** fled in section 373-2.8U)(4) oflhis Part. 

### (iii) Thepost-closureinsurancepolicy mustbeissuedforalimitofliability atleastequal to the current post-closure cost estimate, except as provided in paragraph (d)(6) of this section. The term 

### limits ofliability means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the limits of liability, although the insurer's future liability will be lowered by the amount ofthe payments.

(iv) The**post~c1osure** 

### insurance policy must guarantee that funds will be available to providepost-closurecare ofthe facility wheneverthe post-closureperiodbegins. The policy must also guarantee that once post-closure care begins, the insurer will be responsible for paying out funds, 

### up to an amount equal to the limits of liability of the policy, upon the direction ofthe commissioner, to such party or parties as the COmmissioner specifies.

(v) An owner or operator or any other person authorized to perform post-closure care may request reimbursements for post-closure expenditures-by submitting itemized bills to the commissioner. Within 60 days after receiving bills for post-closure care activities, the commissioner will instruct the insurer to make reimbursements in those amounts as the commissioner specifies in writing, if the commissioner determines that the post-closure expenditures are in accordance withthe approvedpost-closureplan, orotherwisejustified. If 

### the commissioner does not instruct the insurer to make such reimbursements, the commissionerwill providethe owneroroperator with a detailed written statement ofreasons.

(vi) (a) 

### The owner or operator must maintain the policy in fun force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in subparagraph (xi) ofthis paragraph.

(b) 

### Failure to pay the premium, without substitution ofalternate financial assurance
as specifiedinthis subdivision, will constitute a significant violation oftheseregulations, warranting such remedy as the commissioner deems necessary. Such violation will be deemed to begin upon receipt by the commissioner of a notice of future cancellation, termination or failure to renew due to nonpayment ofthe premium, rather than upon the date ofexpiration. (vii) Each policy must contain a provision allowing assignment of the policy to a
successor owner or operator. Such assignment may 

### be conditional upon consent of the insurer, provided such consentis notunreasonably refused.

(viii) Thepolicy mustprovidethatthe insurermay notcancel, terminate orfail to renew the policy exceptfor failure to pay the premium. The automatic renewal ofthe policy must, at a minimum, provide the insured with the option ofrenewal atthe limits ofliability ofthe expiring policy. If 

### there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice, by certified mail, return receipt requested, to the owner or operator and the commissioner. Cancellation, termination or failure to renew may not occur, however, during the 120 days beginning with the date of receipt ofthe notice by both the commissioner and the owner or operator, as evidenced by the return receipts, Cancellation, termination or failure to renew may not occur, and the

6422 Conservation Il-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.8

policy will remain in full force and effect, in the event that on or before the date of expiration: (a) the commissioner deems the facility abandoned; (b) 

### interim status is tenninated or revoked; (c) 

### closure is ordered by 

### the commissioner or a United States district court or other court ofcompetentjurisdiction',

(d) the owneror operator is named as debtorin a voluntary orinvoluntary proceeding under 11 USCA (Bankruptcy); or

(e) the premium due is paid. 

### (ix) Wheneverthe current post-closurecostestimate increases to 

### an amountgreaterthan the limits of liability of the policy dUring the operating life of the facility, the owner or operator, within 60 days after the increase, must either cause the limits of liability to be increased to an amount at least equal to the current post-closure cost estimate and submit evidence of such increase to the commissioner. or obtain other financial assurance as specified in this subdivision to cover the increase. Whenever the current post-closure cost estimate decreases during the operating life of the facility, the limits of liability may be reduced to 

### the amount ofthe current post-closure cost estimate following written approval by the commissioner.

(x) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurerwill thereafter annually increase the limits ofliability ofthe policy. Such increase must be equivalent to the limits ofliability ofthe policy, less any payments made, multiplied by an amount equivalent to 85 percent ofthe most recent investment rate orofthe equivalent coupon-issue yield announced by the United States Treasury for 26-week**Trea~** 

### sury securities.

(xi) The commissioner will give written consent to the owner or operator that the insurance policy may be tenninated when: (a) 

### an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) 

### the commissioner releases the owner or operator from the requirements of this subdivision in accordance with paragraph (8). (5) Financial test and guarantee for post-closure care. (i) 

### An owner or operator of a facility which is not a**revenue~oriented** 

### facility may satisfy the requirements ofthis**subdivi~** 

### sion by demonstrating that the owner or operator passes a financial test as specified in this paragraph. No revenue-oriented facilities will be allowed to use this financial assurance mechanism. To pass this test, the owneroroperatormustmeet the criteriaofeitherclause (a)



### or (b) 

### ofthis sUbparagraph: (a) 

### The owner or operator must have:

(1) 

### two ofthe following threeratios: aratio oftotal liabilities to net worth less than 2.0; a ratio ofthe sum ofnet income plus depreciation, depletion and amortization to total liabilities greaterthan 0.1; and aratio ofcurrent assets to current liabilities greater than 1.5;

(2) net working capital and tangible net worth each at least six times the sum ofthe current closure and post-closure cost estimates and the current plugging and**abandon~** 

### ment cost estimates;

(3) tangible net worth ofat least $10 million; and (4) assets in the United States amounting to 

### at least 90 percent oftotal assets or at least six times the sum ofthe current closure and post-closure cost estimates and the current plugging and abandonment cost estimates. (b) 

### The owner or operator must have:

(1) 

### a current rating for their most recent bond issuance ofAAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A orBaa as issued by Moody's;

1·1-95 (Reissued 7/95) 6423 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION



### (2) tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonmem cost estimates;

(3) tangible net worth ofat least $10 million; and (4) assets in 

### the United States amounting to at least 90 percent ofthe total assets or at least six times the sum ofthe current closure and post-closure cost estimates and the current plugging and abandonment cost estimates. 

### Oi) The phrases "current closure and post-closure cost estimates" and "current plugging and abandonment cost estimates," as used in subparagraph (i) 

### ofthis paragraph. refer to the cost estimates required to 

### be shown in paragraphs 1-3 of the letter from the owner's or operator's chieffinancial officer.

(iii) To demonstrate thathe or she meets this test, the owner or operator mUSl 

### submit the following items to the commissioner: (a) 

### a letter signed by the owner's or operator's chieffinancial off1cer and worded as specified in section 373-2.8(j)(5) ofthis Part;

(b) 

### a copy ofthe independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and

(c) 

### a special report from the owner's or operator's independent certified public accountant to the owner or operator, stating that; (1) 

### the accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year; and

(2) in connection with that procedure, no matters came to the acountant's attention which caused the accountant to believe that the specified data should be adjusted. (iv) After the initial submission of items specified in subparagraph (iii) of this paragraph, the owner or operator must send updated infonnation to the commissioner within 90 days afterthe close ofeach succeeding fiscal year. This infonnation must consist ofall three items specified in subparagraph (iii) ofthis paragraph.

(v) If

### the owneroroperator no longer meets the requirements ofsubparagraph (1) 

### ofthis paragraph, the owner oroperatormust send notice to the commissionerofintent to establish alternate financial assurance as specified in this subdivision. The notice must be sent by certified mail, return receipt requested, within 90 days after the end ofthe fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator must provide the alternate financial assurance within 120days after the end ofsuch fiscal year.

(vi) The commissionermay, based on areasonable beliefthatthe owneroroperatormay
no longer meet the requirements of subparagraph (i) of this paragraph, require reports of financial condition at any time from the owner or operator in addition to those specified in subparagraph (iii) ofthis paragraph. Ifthe commissionerfinds, on the basis ofsuchreports or other infonnation, that the owner or operator no longer meets the requirements ofsubparagraph (i) ofthis paragraph, the owner or operator must provide alternate financial assurance
as specified in this subdivision within 30**~ays** 

### after notification ofsuch a finding.

(vii) The commissionermay disallow use ofthis test on the basis ofqualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see clause [iii][ b] 

### of this paragraph). An adverse opinion or a disclaimer ofopinion will be cause for disallowance. The commissioner will evaluate other qualifications on an individual basis. The owner or operatormustprovide alternate financial assurance as specified in this subdivision within 30 days afternotification ofthe disallowance.

(viii) During the period ofpost-closure care, the commissioner may approve a decrease in the current post-closure cost estimate for which this testdemonstrates financial assurance if the owner or operator demonstrates to the commissioner that the amount of the cost estimate exceeds the remaining cost ofpost-closure care.

6424 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373-3.8

(ix) The owner or operator is no longer required to 

### submit the items specified in subparagraph (iii) ofthis paragraph when: (a) an owner or operator substitutes alternate financial assurance as specified in this subdivision; or

(b) the commissioner releases the owner or operator from the requirements of this subdivision in accordance with paragraph (8) ofthis subdivision. (x) An owneroroperatorofa facility which is not arevenue-oriented facility may meet the requirements ofthis subdivision 

### by obtaining a written guarantee, hereinafterreferred to

as "guarantee," Ifthe firm which is providing the guarantee does not meet the definition of revenue-oriented in section 373-2.8 or 373-3.8 ofthis Part, it may provide the guarantee on behalf

### ofthe owner or operator even ifthe owner oroperatoris a revenue·oriented facility, However, the financial statement ofthe owner or operator cannot be consolidated with the financial statementofthe guarantor. The guarantor mustbe the directororhigher.tierparent corporation of the owner or operator, a finn whose parent corporation is also the parent corporation ofthe owner or operator, or a firm with a substantial business relationship with the owner or operator. The guarantormust meetthe requirements for owners oroperators in subparagraphs (i) through (viii) of this paragraph and must comply with the tenns of the guarantee. The wording ofthe guarantee mustbe identical to the wording specifiedin section 373·2.8(j)(6) ofthis Part. A certified copy ofthe guarantee must accompany the items sentto the commissioner as specified in subparagraph (iii) of this paragraph. One ofthese items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation ofthe owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration ofthe guarantee. The tenus ofthe guarantee must provide that: (a) Ifthe owneroroperator fails to perfonnpost·closure care ofa facility coveredby the guarantee in accordance with the post·closure plan and other interim status permit requirements wheneverrequired to do so, the guarantorwill do so, ormake paymentas the commissioner shall direct, in writing.

(b) The guarantee will remain in force unless the guarantor sends notice ofcancella· tion by certified mail, return receipt requested, to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.

(c) Ifthe owner oroperator fails to provide alternate financial assurance as specified in this subdivision and obtain the written approval ofsuch alternate assurance from the commissionerwithin 90 days afterreceiptby both the owneroroperator and the**commis~** sioner ofa notice ofcancellation ofthe guarantee from the guarantor, the guarantor will provide such alternate financial assurance in the name ofthe owner oroperator, (6) Use ofmultiple financial mechanisms. An owneroroperatormay satisfy the require· ments of this subdivision by establishing more than one financial mechanism per facility. These mechanisms are limitedto trust funds, surety bonds, letters ofcredit, and insurance, The 

### mechanisms must be as specified in paragraphs (I), (2), (3) and (4), respectively, of this subdivision, exceptthatitis the combination ofmechanisms, ratherthan the single mechanism, which mustprovide financial assurance for an amount at least equal to the currentpost·closure cost estimate. 

### Ifan owner or operatoruses a trust fund 

### in combination with a surety bond or a letterofcredit, the trustfund may 

### be used as the standby trustfund forthe othermechanisms. A single standby trust fund, ifrequired, may be established for two or more mechanisms, The commissioner may use any or all of the mechanisms to provide for post·closure care of the 

### facility.

(7) Use ofafinancial mechanismfor multiple facilities. An owneroroperatormay use a financial assurance mechanism specified in this subdivision to meet the requirements ofthis subdivision for more than one facility. Evidence of financial assurance submitted to the

II-I5-99 

### 6425 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

commissioner must include a list showing, for each facility, the EPA identification number,
name, address, and the amount offunds for post-closure care assured by the mechanism. The amount offunds available through the mechanism must 

### be no less than the sum offunds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for**post~closure** care ofany ofthe facilities covered 

### by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use ofadditional funds available underthe mechanism.

(8) Release ofthe owner or operator from the requirements ofthis subdivision. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineerthat the**post~closure** care period has been completed in accordance with the approved**post~closure** plan, the commissioner will notify the owner oroperator in writing that the owner or operator is no longer required by this subdivision to maintain financial

assurance for**post~closure** care ofthatunit, unless the commissionerhas reason to believe that post-closure carehas notbeenin accordance with the approved**post~closure** plan. The**commis~** sioner will provide the owner or operator with a detailed written statement of any reason to believe that**post~closure** care has not been in accordance with the approved**post~closure** plan.

Note: The notice releases the owner or operator only from the requirements for financial assurance forpost-closure care ofthe facility; it does not release the owner or operator from legal responsibility for meeting the post-closure standards. (g) 

### Use of a mechanismforfinancial assurance of both closure and**post~closure** 

### care. An

owner oroperatormay satisfy the requirements for financial assurance forboth closure and postclosure carefor one ormorefacilities by using atrustfund, surety bond, letterofcredit, insurance, financial testorguaranteethatmeets the specifications forthe mechanisminboth subdivisions (d) and (f) ofthis section. The amount offunds available through the mechanismmustbe no less than the sum of funds that would be available if a separate mechatt"isrn had been established and maintained for financial assurance ofclosure and**post~closure** care.

(h) 

### Liability requirements. (1) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste treatment, storage or disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations ofthe facility or group offacilities. The owneroroperatormusthave and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence, with an annual aggregate ofatleast $2 million, exclusive oflegal defense costs. This liability coverage may be demonstrated as specified in subparagraph (i), (ii) (iii), (iv). (v) or (vi) ofthis paragraph. (i) An owner or operator may demonstrate the required liability coverage by having liability insurance as specifiedin this paragraph. (a) Each insurance policy must be amended by attachment ofthe Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate ofLiability Insurance. The wording of the endorsement must be identical to the wording specified in section 373-2.8UJ(7) ofthis Part. The wording ofthe certificate ofinsurance mustbe identical to the wording specified in paragraph (j)(8) of such section. The owner or operator must submit a signedduplicate original ofthe endorsementorthe certificate ofinsurance to the commissioner. 

### If requested by the commissioner, the owner or operator must provide a signed duplicate original ofthe insurance policy.

(b) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business ofinsurance, or authorized to provide insurance as an

excess or surplus lines insurer, within New York State by the superintendent ofthe New York State Insurance Department. (ii) An owneroroperator ofa facility which is not a**revenue~oriented** facility may meet the requirements of this paragraph by passing a financial test or using the guarantee for liability coverage as specifiedin paragraphs (6) and (7) ofthis subdivision. Ifthe finn which

6426 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

## 373-3.8

is providing the guarantee does not meet the definition of revenue-oriented in section 373-2.8 or 373-3.8 of this part. it may provide the guarantee on behalf of the owner or 

### operatoreven 

### ifthe owner or operator is a**revenue~oriented** 

### facility. However, the financial statementofthe owneroroperatorcannotbe consolidated with the financial statementofthe guarantor.

(iii) An owner or operator may meet the requirements ofthis paragraph by obtaining a letter ofcredit for liability coverage as specified in paragraph (8) ofthis subdivision. (iv) An owner or operator may meet the requirements ofthis paragraph by obtaining a surety bond for liability coverage as specified in paragraph (9) ofthis subdivision.

(v) An owner or operator may meet the requirements ofthis paragraph by obtaining a trust fund for liability coverage as specified in paragraph (10) ofthis subdivision. (vi) An owner or operator may demonstrate the required liability coverage through the

use ofcombinations ofinsurance. financial test. guarantee, letterofcredit, surety bond. and trust fund. except thatthe owner or operator may not combine a financial test covering part ofthe liability coverage requirement with a guarantee unless the financial statement ofthe

owner or operator is not consolidated with the financial statement of the guarantor. The amounts ofcoverage demonstrated must total atleastthe minimum amounts required by this paragraph. Ifthe owner or operatordemonstrates the required coverage through the use ofa combination offinancial assurances underthis paragraph. the owneroroperator shall specify at least one such assurance as primary coverage and shall specify other assurances as excess coverage. An owner or operator of a revenue-oriented facility may use all of the**above~** mentioned financial mechanisms exceptthe financial test and/or guarantee.

(vii) An owner or operator shall notify the commissioner in writing within 30 days whenever: (a) a claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized in subparagraphs (i) through (vi) ofthis paragraph; or

(b) a certification ofvalid claim for bodily injury or property damages caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, ordisposal facility is enteredbetween the owner and third-party claimantfor liability coverage under subparagraphs (i) through (vi) ofthis paragraph; or

(c) a final court order establishing ajudgment for bodily injury or property damage caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operatoror an instrumentthatis providing financial assurance forliability coverage under subparagraphs (i) through (vi) ofthis paragraph. (2) Coverage for nonsudden accidental occurrences. An owner or operator ofa surface impoundment, landfill orlandtreatmentfacility which is used to manage hazardous waste, or a group of such facilities, must demonstrate financial responsibility for bodily injury and**prop~** erty damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount ofat least $4.5 million peroccurrence, with an annual aggregate ofatleast$9 million, exclusive oflegal defense costs, for each separate facility in New York State. An owner or operator who must meet the requirements ofthis paragraph may combine the required**per~occurrence** coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount ofatleast $5.5 million per occurrence and $11 million annual aggregate. This liability coverage may be demonstrated as specifiedin subparagraph (i). (ii). (iii). (iv). (v) or (vi) ofthis paragraph.

11-15-99 6427 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this paragraph. (a) Each insurance policy must be amended by attachment ofthe Hazardous Waste Facility Liability Endorsement or evidenced 

### by a Certificate ofLiability Insurance. The 

### wording of the endorsement must be identical to the wording specified in section 373-2.8(j)(7) ofthis Part. The wording ofthe certificate ofinsurance must be identical to the wording specified in paragraph 0)(8) of such section. The owner or operator must submita signed duplicate original ofthe endorsementorthe certificate ofinsurance to the commissioner. 

### If requested by the commissioner, the owner or operator must provide a signed duplicate original ofthe insurance policy. (b) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of insurance, or authorized 

### to provide insurance as an
excess or surplus lines insurer, within New York State by the Superintendent ofthe New York State Insurance Department. (ii) An owneroroperatorofafacility which is not a revenue-oriented facility may meet the requirements of this paragraph by passing a financial test or using the guarantee for liability coverage as specifiedinparagraphs (6) and (7) ofthis subdivision. Ifthe finn which is providing the guarantee does not meet the definition of revenue-oriented in section 373-2.8 or 373-3.8 of this Part, it may provide the guarantee on behalf of the owner or operator-even ifthe owner oroperatoris a revenue-oriented facility. However, the financial statementofthe owneroroperatorcannotbe consolidated with the financial statementofthe guarantor.

(iii) An owner or operator may meet the requirements ofthis paragraph by obtaining a letter ofcredit for liability coverage as specified in paragraph (8) ofthis subdivision.

(iv) An owner or operator may meet the requirements ofthis paragraph by obtaining a surety bondfor liability coverage as specified in paragraph.(9) ofthis subdivision.

(v) An owner or operator may meet the requirements ofthis paragraph by obtaining a trust fund for liability coverage as specified in paragraph (10) ofthis subdivision.

(vi) An owner or operator may demonstrate the required liability coverage through the

use ofcombinations ofinsurance, financial test, guarantee, letter ofcredit, surety bond, and trust fund, except thatthe owner oroperator may not combine a financial test covering part ofthe liability coverage requirement with a guarantee unless the financial statement ofthe

owner or operator is not consolidated with the financial statement of the guarantor. The amounts ofcoverage demonstrated musttotal atleastthe minimum amounts requiredby this paragraph. 

### Ifthe owneroroperatordemonstrates the required coverage through the use ofa combination offinancial assurancesunderthis paragraph, theowneroroperator shall specify at leastone such assurance as primary coverage and shall specify other assurances as excess coverage. An owner or operator of a revenue-oriented facility may use all of the abovementioned financial mechanisms except the financial test and/orguarantee.

(vii) An Owner or operator shall notify the commissioner in writing within 30 days whenever: (a) a claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized in subparagraphs (1) through (vi) ofthis paragraph; or (b) a certification of valid claim for bodily injury or property damages caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, ordisposal facility is enteredbetweenthe owneroroperatorand third-party claimant for liability coverage under subparagraphs (i) through (vi) of this paragraph; or (c) a final court order establishing ajudgement for bodily injury or property damage caused by a sudden or nonsudden accidental occurrence arising from the operation ofa hazardous waste treatment, storage, or disposal facility is issued against the owner or

6428 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.8

operatoror an instrument thatis providing financial assurance forliability coverage under subparagraphs (i) through (vi) ofthis paragraph. (3) Requestfor variance. Ifan owneroroperatorcan demonstrate, to the satisfaction ofthe commissioner, that the levels offinancial responsibility required by paragraph 0) or (2) ofthis subdivision are not consistent with the degree and duration ofrisk associated with treatment, storage or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the commissioner. The requestfor a variance mustbe submitted in writing to the 

### commissioner. If 

### granted, the variance 

### will take the form of an adjusted level of required liability coverage, such level to be based on the commissioner's assessment ofthe degree and duration ofrisk associated with the ownership oroperation ofthe facility orgroup offacilities. The commissioner may require an owner or operator who requests a variance to provide such technical and engineering infonnation as is deemed necessary by the commissioner to**deter~** mine a level offinancial responsibility other than that required by paragraph (1) or (2) ofthis subdivision. The commissioner 

### will process a variance request as ifit were a pennit modification requestunder section 373-1.7 ofthis Part, and subjectto the procedures ofPart 621 ofthis Title. Notwithstanding any otherprovision, the commissionermay hold a public hearing at his

or her discretion or whenever the commissioner finds, on the basis of requests for a public hearing, a significant degree ofpublic interestin a tentative decision to grant a variance. (4) Adjustments by the commissioner. If the commissioner detennines that the levels of financial responsibility required by paragraph (1) or (2) ofthis subdivision are not consistent with the degree and duration ofrisk associated with treatment, storage ordisposal atthe facility

orgroup offacilities, the commissioner may adjust the level offinancial responsibility required under paragraph (1) or (2) ofthis subdivision as may be necessary to protect human health and the environment This adjusted level will be based on the commissioner's assessment ofthe degree and duration ofrisk associated with the ownership or operation ofthe facility or group offacilities. In addition, iftpecommissionerdeterminesthatthere is a significantriskto human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill or land treatment facility, the commissionermay require that an owner oroperatorofthe facility comply with paragraph (2) ofthis subdivision. An owner oroperator must furnish to the commissioner, within a**reasona~** ble time, any information which the commissioner requests to determine whether cause exists for such adjustments oflevel ortype ofcoverage. The commissionerwill process an adjustment ofthe level ofrequired coverage as ifit were a pennit modification under section 373-1.7 of this Part, and subject to the procedures of Part 621 of this Title. Notwithstanding any other provision, the commissioner may hold a public hearing athis orher discretion or wheneverthe commissionerfinds, on the basis ofrequests for a public hearing, a significant degree ofpublic interest in atentative decision to adjustthe level or type ofrequired coverage. (5) Period ofcoverage. Within 60 days after receiving certifications from the owner or operator and an independent professional engineer registered in New York that final closure has been completedin accordance with the approved closure plan, the commissionerwill notify the owner or operator in writing that the owner or operator is no longer required by this subdivision to maintain liability coverage for that facility, unless the commissioner has reason to believe that closure has not been in accordance with the approved closure plan.

(6) Financial test for liability coverage. An owneroroperatorofafacility which is not a revenue-oriented facility may satisfy the requirements of this subdivision by demonstrating thatthe owneroroperatorpasses afinancial test as specifiedin this paragraph. To pass this test, the owneror operatormust meet the criteria ofsubparagraph (i) or (ii) ofthis paragraph: (i) The owneror operatormust have:

(a) net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test;

(b) tangible net worth ofat least $10 million; and (c) assets in the United States amounting to either:

(1) at least 90 percent ofthe total assets; or

OJ·I5·2002 

### 6429 Conservation

### § 

### 373-3.8 TITLE6 ENVIRONMENTAL CONSERVATION



### (2) at least six times the amount of liability coverage to be demonstrated by 

### this
test. (ii) 

### The owner or operator must have: (a) 

### a current rating for their most recent bond issuance of AAA, AA, A or BBB as issued by 

### Standard and Poor's, or Aaa, Aa, A orBaa as issued by 

### Moody's;

(b) 

### tangible net worth ofat least $10 million; (c) 

### tangible net worth at least six times the amount of liability coverage to be demonstrated by 

### this test; and (d) 

### assets in the United States amounting to either:

(1) at least 90 percent ofthe total assets; or 

### (2) at 

### least six times the amount of liability coverage to be demonstrated by 

### this
test. (iii) The phrase 

### amount of liability coverage, as used in subparagraphs (i) and (ii) ofthis 

### paragraph, refers to the annual aggregate amounts for which coverage is required under paragraphs (1) 

### and (2) ofthis subdivision.

(iv) To demonstrate that he or she meets this test, the owneroroperatormust submitthe following three items to the commissioner: (a) 

### a letter signed by the owner's or operator's chieffinancial officer and worded as specified in section 

### 373-2.80)(9) ofthis Part. Ifan owneroroperatoris using the financial test to demonstrate both assurance for closure or post-closure care, as specified by sections 373-2.8(d)(S) 

### and (f)(S), 

### paragraphs (d)(S) 

### and (f)(S) 

### ofthis section, and liability coverage, the letter specified in section 373·2.8(j)(9) must be submitted to 

### cover both forms offinancial responsibility; a separate letter as specified in section 

### 373-2.80)(5) is not required; (b) 

### a copy ofthe independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and (c) 

### a special report from the owner's or operator's independent certified public accountant to the owneror operator, stating that: (1) 

### the accountant has compared the data which the letter from the chieffinancial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year, with the amounts in such financial statements; and

(2) in connection withthatprocedure, no matters cameto the accountant's attention which caused the acountant to believe thatthe specified data should be adjusted. (v) Afterthe initial submission ofitems specifiedin subparagraph (iii) ofthis paragraph, the owner or operator must send updated information to the commissioner within 90 days afterthe close ofeach succeeding fiscal year. This informationmustconsistofall three items specified in SUbparagraph (iii) ofthis paragraph.

(vi) Ifthe owneroroperatorno longermeets the requirements ofsubparagraph (i) or (ii) 

### of this paragraph, the owner or operator must obtain insurance, a letter of credit, a surety bond, a trust fund, or a guarantee for the entire amount of required liability coverage as specified in this subdivision. Evidence of liability coverage must be submitted to the commissioner within 90 days afterthe end ofthe fiscal yearfor which the year-endfinancial data show that the owner or operatorno longer meets the test requirements.

(vii) The commissionermay disallow use ofthis teston the basis ofqualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see clause [iv)[b] of this paragraph). An adverse opinion or a disclaimer ofopinion will be cause for disallowance. The commissioner will evaluate other qualifications on an individual basis. The owner or operator must provide evidence of insurance for the entire amount of required liability coverage as specifiedin this subdivision within 30 days afternotification ofdisallowance.

6430 Conservation OI-l5-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.8

(7) Guarantee for liability coverage. (i) 

### An owner or operator may meet the requirements ofthis subdivision 

### by obtaining a written guarantee, hereinafter referred to as "guarantee," 

### Ifthe finn which is providing the guarantee does not meet the definition ofrevenucoriented in section 373-2.8 or 373-3.8 ofthis Part, 

### it may provide the guarantee on behalfof the owner or operatoreven 

### ifthe owner or operator is a revenue-oriented facility. However, 

### the financial statement of the owner or operator cannot be consolidated with the financial statementofthe guarantor, The guarantormustbe the direct orhigher-tierparentcorporation ofthe owneroroperator, afirm whose parentcorporationis alsothe parentcorporation ofthe



### owner or operator, or a finn with 

### a substantial business relationship with the owner or operator. The guarantormustmeettherequirements for owners oroperators in paragraph (6) ofthis subdivision. The wording ofthe guarantee mustbe identical to the wording specified in section 373-2.8(j)(6)(ii) ofthis Part. A certifiedcopy ofthe guarantee must accompany the items sent to the commissioner as specified in subparagraph (6)(iv) ofthis subdivision. One ofthese items must be the letter from the guarantor's chieffinancial officer. If 

### the guarantor's parent corporation is also the parent corporation of the owner or operator; this letter must describe the value received in consideration ofthe guarantee. Ifthe guarantoris afirm with a substantial business relationship with the owner or operator, this letter must describe the substantial business relationship andthe valuereceived inconsiderationofthe guarantee. The tenns ofthe guarantee must provide that: (a) 

### ifthe owner or operator fails to 

### satisfy ajudgment based on a determination of liability for bodily injury or property damage to third panies caused by sudden or nonsudden accidental occurrences (orboth, as the case may be), 

### arising from the operation offacilities covered by this guarantee, orfails to pay an amountagreed to in settlementof claims arising from or alleged to arise from such injury or damage, the guarantor will do

so up to the limits ofcoverage; and

(b) 

### the guarantee**~ill** 

### remain in force unless the guarantor sends notice ofcancellation by "certified man, return receipt requested" to the owner or operator and to the commissioner. This guarantee may not be terminated unless and until the commissioner approves alternate liability coverage complying with this subdivision. (8) Letter of credit for liability coverage. (i) 

### An owner or operator may satisfy the requirements of this subdivision by obtaining an irrevocable standby letter of credit that conforms to therequirements ofthis paragraph and submitting acopy ofthe letterofcreditto the commissioner.

(ii) The financial institution issuing the letter or credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examinedby a Federal or State agency.

(iii) The wording of the letter of credit must be identical to the wording specified in section 373-2.8(j)(l0) ofthis part.



### (iv) An owner or operator who uses a letter ofcredit to satisfy the requirements ofthis subdivision may also establish a standby trust fund. Underthe terms ofsuch aletterofcredit, all amounts paidpursuantto adraft

### by the trustee ofthe standbytrustwillbe deposited by the issuing institution intothe standby trustin accordance with instructions from the trustee. The trustee ofthe standby trust fund must be an entity which has the authority to act as atrustee and whose trust operations are regulated and examined by a Federal or State agency.

(v) The wording ofthe standby trust fund must be identical to the wording specified in section 373-2.8(j)(l3) ofthis part. 

### (9) Surety bond for liability coverage.

(i) An owneroroperatormay satisfy therequirements ofthis subdivision by obtaining a surety bond that conforms to therequirements ofthis paragraph and submitting a copy ofthe bond to the commissioner.

(ii) The surety company issuing the bond must be among those listed as acceptable sureties on Federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.

01-15-2002 6431 Conservation

### § 

### 373-3.8 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) The wording ofthe surety bond mustbe identical to the wording specified in section 

### 373-2.8U)(l1) ofthis Pan. (10) Trust fund for liability coverage. (i) An owneroroperatormay satisfy the requirements ofthis subdivision 

### by establishing a trust fund that conforms to the requirements of 

### this paragraph and submitting an originally signed duplicate ofthe trust agreement to the commissioner.

(ii) 

### The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.

(iii) 

### The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements ofthis subdivision. 

### If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date ofthe establishment of the fund, musteitheradd sufficientfunds to the trustfund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this subdivision to cover the difference. For purposes ofthis paragraph, 

### thefull amount ofthe liability coverage to beprovided means the amount ofcoverage for sudden and/or nonsud* den occurrences required to be provided by the owner or operator by this subdivision, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner

or operator.

(iv) The wording ofthe trust fund must be identical to the wording specified in section 

### 373-2.8UJ(l2) ofthis Pan. (l) 

### Incapacity of owners oroperators, guarantors or financial institutions. (1) An owner
or operator must notify the commissioner, by certified mail, return receipt requested, of the commencement of a voluntary or involuntary proceeding under 11 USCA (Bankruptcy), naming the owneroroperatoras debtor, within 10days aftercommencementofthe proceeding. A guarantor of a guarantee as specified in paragraphs (d)(5);and (f)(5) of this section must make such a notificationifthe guarantoris named as debtor, as required underthe terms ofthe 

### guarantee (see section 373-2.8U][6J ofthis Pan).

(2) An owneroroperatorwho fulfills the requirements ofsubdivision (d), (f) or (h) ofthis section by obtaining a trust fund, surety bond, letter of credit or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy ofthe trustee orissuing institution, ora suspension orrevocation ofthe authority of the trustee institutionto act as trustee orofthe institutionissuingthe surety bond, letterofcredit

or insurance policy to issue such instruments. The owner or operator must establish other financial assurance orliability coverage within 60 days after such an event.
Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; May 14, 1987; OcL 26, 1988; Dec. 2, 1991; Nov. 19, 1993; Nov. 15, 1994; Nov. 4, 1999; Jan. 14,2002 eff. 60 days after filing. Added (.)(4), amended (h)(3). 

### § 373-3.9 Use 

### and management ofcontainers.

(a) 

### Applicability. The regulations in this section apply to owners and operators of all hazardous waste facilities that store containers ofhazardous waste, except as section 373-3.1 of this Subpart provides otherwise.

(b) 

### Condition ofcontainers. Ifa container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements ofthis Subpart.

(c) 

### Compatibility ofwaste with container. The owner or operator must use a container made of orlined with materials which will notreact with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.

(d) 

### Management of containers. (1) A container holding hazardous waste must always be closed during storage, except when it is necessary to add orremove waste.

6432 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.10

(2) A container 

### holding hazardous waste must not be opened, handled or stored in a

manner which may rupture the container orcause 

### it to leak.

Comment: Reuse ofcontainers in transportation is governed by U.s. DepartmentofTransportation regulations, including those set forth in 49 CPR 173.28 (see 6 NYCRR 370. 1[e]). 

### (3) Containers holding hazardous waste must be marked with 

### the words "Hazardous Waste" and 

### with other words identifying theircontents, (e) Inspections. Atleastweekly, the owneroroperatormustinspect areas where containers

are stored, looking for leaking containers and for deterioration ofcontainers and the containment system caused by corrosion orotherfactors.

Note: See subdivision (b) of this section for remedial action required if deterioration or leaks are detected. (f) 

### Special requirementsfor ignitable or reactive waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility property line (see section 373-3.2[h][l] ofthis Subpart for additional requirements).

(g) 

### Specialrequirementsforincompatible wastes. (1) Incompatible wastes, orincompatible wastes and materials (see Appendix 29, 

### infra, forexamples), mustnotbe placedin the sam,e container, unless section 373-3.2(h)(2) ofthis Subpart is complied with.

(2) Hazardous waste must notbe placed in an unwashed containerthatpreviously held an incompatible waste or material (see Appendix 29, 

### infra, for examples), unless section 373-3.2(h)(2) ofthis Subpart is complied with.

(3) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments must be separated from the other materials or protected from them by means ofa dike, benn, wall orotherdevice.

Note,· The purpose ofthis is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which couldresultfrom the mixing ofincompatible wastes

or materials ifcontainers break orleak. (h) 

### Airemission standards. The owneroroperator shall manage all hazardous waste placed in a containerin accordance with the applicable requirements ofsections 373-3.27, 373-3.28 and 373-3.29 ofthis Subpart.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; Dec. 2, 1991; Sept. 29, 1998 eff. 60 days after filing. Added (h). 

### § 373-3.10 Tank systems.

(a) 

### Applicability. The requirements ofthis section apply to owners oroperators offacilities that use tank systems for storing or treating hazardous waste, except as otherwise provided in paragraphs (1), (2) and (3) ofthis subdivision or in section 373-3.1 ofthis Subpart. (1) Tank systems that are used to store or treat hazardous waste which contains no free liquids and that are situated inside a building with an impenneable floor are exempt from the requirements ofsubdivision (d) ofthis section. To demonstrate the absence orpresence offree liquids in the stored/treated waste, the following test must be used: method 9095 (paint filter liquids test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846 as incorporated by reference in section 370.l(e) of this Title.

(2) Tank systems, including sumps, as defined in section 370.2(b) ofthis Title, that serve

as partofa secondary containment system to collectorcontainreleases ofhazardous wastes are exempted from the requirements in paragraph (d)(l) ofthis section.

10-31-98 6433 Conservation

### § 373-3.10 TITLE6 ENVIRONMENTAL CONSERVATION



### (3) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in section 370.2(b) ofthis Title and regulated under section**373~3.23** ofthis Subpart must meet the requirements ofthis section. 

### (b) Assessment of existing tank system's integrity. 

### (1) For each existing tank 

### system that does not have secondary containment meeting the requirements of subdivision Cd) of this section, the owneroroperatormustdetermine thatthe 

### tank: system is notleaking oris unfitfor

usc. Except as providedin paragraph (3) ofthis subdivision, the owneroroperatormust obtain and keep on file atthe facility a written assessmentreviewed and certified by an independent, qualified, professional engineer registered in New York that attests to the tank system's integrity by December 25, 1989. The certification must be consistent with the applicable provisions ofsection 373-L4(a)(5)(iv) ofthis Part.

(2) This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes to be stored or treatedto ensure that it will not collapse, rupture, or faiL At a minimum, this assessment must consider the following: (i) design standards, ifavailable, according to which the tank and ancillary equipment

were constructed;

(ii) hazardous characteristics ofthe wastes that have been or will be handled; (iii) existing corrosion-protection measures; (iv) documented age ofthe tank system, ifavailable, (otherwise, an estimate ofthe age); 

### and

(v) results of a leak test, internal inspection, or other tank: integrity examination such that: (a) for nonenterable underground tanks, this assessment must consist of a leak test

that is capable of taking into account the effects of temperature variations, tank end deflection, vaporpockets, and high water table effect; and

(b) for other than nonenterable underground 

### tanks and for ancillary equipment, this assessment mustbe either a leak test, as described above, or an internal inspection and/or other tank integrity examination certified by an independent, qualified, professional engineerregistered in New York that addresses cracks, leaks, corrosion and erosion. The certification mustbe consistentwith the applicable provisions ofsection**373~** 1.4(a)(5)(iv) ofthis Part.

Note: The practices described in the American Petroleum Institute (API) publication, Guidefor Inspection of RefineryEquipment, ChapterXIII, "Atmosphere and**Low~Pressure** Storage Tanks," 4th edition, 1981, maybe used, where applicable, 

### as guidelines in conducting 

### an integrity examination ofan otherthan nonenterable underground tank system. (3) Tank systems that store or treat materials that become hazardous wastes after December 25, 1988, must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste. (4) If, as a result of the assessment conducted in accordance with paragraph (1) of this subdivision, a tank system is found to be leaking or unfit for use, the owner or operator must comply with the requirements ofsubdivision (g) ofthis section. (c) Design and installation of new tanksystems orcomponents. (1) Owners or operators ofnew tank systems orcomponents mustensure thatthe foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the wastes to be stored or treated, and corrosion protection so that it will notcollapse, rupture orfail. The owner oroperatormust obtain a written assessment reyiewed and certified by an independent, qualified, professional engineerregisteredin New York attesting thatthe system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. The certification must be consistent with the applicable provisions ofsection 373-1.4(a)(5)(iv) ofthis Part. This assessment must include, at a minimum, the following information: (i) design standards according to which the tanks and ancillary'equipment is or will be constructed;

(ii) hazardous characteristics ofthe wastes to be handled;

6434 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-3.10

(iii) 

### for new tank systems or components in which the external shell ofa metal tank or any external metal componentofthe tank system is or will be in contact with the soil or with water, a determination by acorrosion expert of: (a) 

### factors affecting the potential for corrosion, including but not limited to:

(1) 

### soil moisture content; (2) soil pH; 

### (3) soil 

### sulfides level; (4) soil resistivity; (5) 

### structure to soil potential; (6) 

### influence ofnearby underground metal structures (e.g"piping); (7) 

### stray electric current; and (8) existing corrosion-protection measures (e.g., 

### coating. cathodic protection); and (b) 

### the type and degree ofexternal corrosion-protection that are needed to ensure the integrity ofthe tank system during the use ofthe tank. system or component, consisting of

one or more ofthe following: (1) 

### corrosion-resistant materials ofconstruction such as special alloys, fiberglassreinforced plastic;

(2)**corrosion~resistant** 

### coating (such as epoxy or fiberglass) with cathodic protection (e.g., 

### impressed current or sacrificial anodes); and

(3) electrical isolation devices such as insulatingjoints and flanges;

Note: The practices described in the National Association ofCorrosion**Engi~** neers (NACE) standard. "Recommended Practice (RP-02-8S) Control of External Corrosion on Metallic Buried, Panially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Insti- {Ute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in providing corrosion-protection for tank systems. 

### (Iv) for underground tank system components that are likely to be affected by vehicular traffic, a detennination ofdesign or operational measures that will protect the tank system against potential damage; and

(v) design considerations to ensure that:

(a) 

### tank foundations will maintain the load ofa full tank; (b) 

### tank systems will be anchored to 

### prevent flotation ordislodgement where the tank system is placed in a saturated zone, oris located within a seismic fault zone; and

(c) 

### tank systems will withstand the effects offrost heave. (2) The owner or operator ofa new tank system must ensure that proper handling procedures are followed to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer registered in New York, eitherofwhom is trained and experienced in the properinstallation oftank systems, must inspect the system orcomponent for the presence ofany ofthe following items: (i) 

### weld breaks: (ii) 

### punctures; (iii) scrapes ofprotective coatings; (iv) cracks; (v) corrosion: and (vi) other structural damage or inadequate construction or installation.

1-1-95 (Reissued 7/95) 6435 Conservation

### § 

### 373-3.10 TITLE 6 ENVIRONMENTAL CONSERVATION



### All discrepancies must be remedied beforethe tank system is covered, enclosed. or placed in 

### use,

(3) New tank systems or components and piping that are placed underground and that are backfilled must be provided with abackfill material that is a noncorrosive. porous.**homogene~** 

### ous substance and that is carefully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank 

### and piping are fully and unifonnly supported.

(4) All new tanks and ancillary equipment must be tested for tightness pnor to being covered, enclosed, or placed in use. If a tank system is found not to be ughL all repairs necessary to 

### remedy the leaks in the system must be performed prior to the wnk system being covered, enclosed, or placed in use.

(5) Ancillary equipment must be supported and protected against phySIC]] damage and excessive stress due to settlement, vibration, expansion or contraction.

Note: The piping system installation procedures described in American Pe· troleum Institute (API) publication 1615 (November 1979). illS/lll/ution ofUnderground Petroleum Storage Systems, or ANSI standard 831.3, '"Petroleum Refinery System," may be used, where applicable.

as guidelines forproperinstallation ofpiping systems. 

### (6) The owner or operator must provide the type and degree of**corrosjon~protection** 

### necessary, based on the information providedunder subparagraph (1 )(iii) ofthis subdivision, to

ensure the integrity of the tank system during use of the tank system. The installation of a corrosion-protection system that is**field~fabricated** 

### must be supervised by an independent corrosion expert to 

### ensure properinstallation.

(7) The owneroroperatormust obtain and keep on file atthe facility written statements by those persons required to certify the design ofthe tank system and supervise the installation of the tank system in accordance with the requirements ofparagraphs (2)-(6) ofthis subdivision to attest that the tank. system was properly designed and installed and that repairs, pursuant to 

### paragraphs (2) and (4) ofthis subdivision were perfonned. These written statements must also include the certification statement as required in section**373~** 

### 1.4(a)(5)(iv) ofthis Pan. (d) Containment and detection ofreleases. (1) 

### In order to prevent the release ofhazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements ofthis section must be provided (except as provided in paragraphs [6J and 

### [7] of this subdivision): (i) 

### for all new tank systems or components, priorto theirbeing put into service; (ii) for all existing tanks used to store or treat hazardous waste Nos. F020, F021, F022, F023, F026, and F027, wiIhin two years afterJanuary 12, 1987;

(iii) for those existing nonenterab1e underground tanks and tank systems ofknown and documented age within two years after January 12, 1987, or when the tank. systems have reached 15 years of age, whichever comes later, except as required under section 373·L1 (d)(1 )(iv)(f) ofthis Part;

(iv) for those existing nonenterable underground tanks and tank. systems for which the age cannot be documented within eight years of January 12, 1987; but if the age of the facility is greater than seven years, secondary containment must be provided by the time the facility reaches 15 years ofage, or within two years ofJanuary 12, 1987, whichever comes later, except as required under section 373-Ll(d)(I)(iv)(f) ofIhis Part;

(v) for all other tank systems, within the time intervals required in subparagraphs (iii) and (iv) ofthis paragraph; and

(vi) for tank. systems that store or treat materials that become hazardous wastes afterthe effective date ofthese regulations within the time intervals required in subparagraphs**(i)~(v)** 

### ofthis paragraph. (2) Secondary containment systems must be:

6436 Conservation (Reissued 7/95)CHAPTER IV QUALITY SERVICES 

### § 

### 373·3.10

0) designed, installed, and operated to prevent any migration ofwastes or accumulated liquid out ofthe system to the soil, ground water, or surface water at any time during the use ofthe tank system; and

(ii) capable ofdetecting and collecting releases and accumulated liquids until the collected material is removed. (3) To meet the requirements ofparagraph (2) ofthis subdivision, secondary containment systems must be at a minimum: 0) constructed oforlined with materials that are compatible with the wastes to be placed in the tank system and must have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress ofinstallation, and the stress ofdaily operation (including stresses from nearby vehicular traffic);

Oi) placed on a foundation or base capable of providing support to the secondary containment system, providing resistance to pressure gradients above and below the system, and preventing failure due to settlement, compression, or uplift;

(iii) provided with a leak detection system that is designed and operated so that it will detect the failure ofeitherthe primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliestpracticable time ifthe existing detection technology orsite conditions will not allow detection ofa release within 24 hours; and

(iv) sloped orotherwise designed oroperated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must be removed from the secondary containment system within 24 hours, or in as timely a manner

as is possible to prevent hann to human health orthe environment, ifremoval ofthe released waste or accumulated precipitation cannot be accomplished within 24 hours.

Note: If the collected material is a hazardous waste under Part 371 of this Title, it is subject to management as a hazardous waste in accordance with all applicable requirements of Parts 372 through 374 and 376 of this Title. Ifthe collected material is discharged through a point source to waters ofthe United States, it is subject to the requirements ofParts 700,701 and 750 ofthis Title. Ifdischarged to publicly owned treat·

mem works (POTWs), it is subjectto the requirements ofsection 307 of the Clean WaterAct, as amended. Ifthe collectedmaterial is released to the environment, it may be subject to the reporting requirements of40 CFR Part 302. (4) Secondary containment for tanks must include one or more ofthe following devices:

(i) a liner (external to the tank); (ii) a vault; (iii) a double-walled tank; or (iv) an equivalent device as approved by the commissioner. (5) In addition to the requirements of paragraphs (2), (3) and (4) of this subdivision, secondary containment systems must satisfy the following requirements: (i) extemal1iner systems must be:

(a) designed or operated to contain 100 percent ofthe capacity ofthe largest tank or the volume ofall interconnected tanks, whichever is greater, within its boundary;

(b) designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event; (c) free ofcracks orgaps;

1-1-95 (Reissued 7/95) 6437 Conservation

### § 373-3.10 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) designed and installed to completely surround the tank and to cover all**surround~** 

### iog earth likely to come into contact with the waste if

### released from the tanks (i.e., 

### capable of preventing lateral as well as vertical migration of the waste. For onground tanks, the external liner system must also encompass the bottom ofthe tank); (e) 

### external concrete liners mustbe 

### constructed with chemical-resistant water stops in place at alljoints (ifany); and (j) external concrete liners must be provided with an impermeable interior coating 

### that is compatible with the stored waste and that will 

### prevent migration ofwaste into the concrete. (ii) vault systems must be:

(a) 

### designed or operated to contain 100 percent ofthe capacity ofthe largest tank or the volume ofall interconnected tanks, whichever is greater, within its boundary;

(b) 

### designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year,**24~hour** 

### rainfall event;.

(c) 

### constructed with chemical-resistant water stops in place at alljoints (ifany); (d) 

### provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration ofwaste into the concrete;

(e) 

### provided with a means to protect against the formation ofand ignition ofvapors within the vault, ifthe waste being stored or treated: (1) 

### meets the definition ofignitable waste under section 371.3(b) ofthis Title; or (2) meets the definition ofreactive waste under section 371.3(d) ofthis Title and may fonn an ignitable or explosive vapor; and (j) 

### provided with an exteriormoisture barrieror be otherwise designed or operated to prevent migration ofmoisture into the vault ifthe vault is subject to hydraulic pressure. (iii)**double~walled** 

### tanks must be:

(a) 

### designed as an integral structure (i.e., 

### an inner tank within an outer shell) so that any release from the inner tank. is contained by the outer shell;

(b) 

### protected, ifconstructed ofmetal, from both corrosion ofthe primary tank interior and the external surface ofthe outer shell; and

(c) 

### prOVided with a built-in, continuous leak detection system capable ofdetecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to 

### the commissioner, and the commissioner concurs, that the existing leak detection technology or site conditions will 

### not allow detection of a release within 24 hours.

NOIe: The provisions outlined in the Steel Tank Institute's (STI) Standardfor Dual Wall UndergroundSteelStorage Tank may be used as guidelines for aspects ofthe design ofunderground steel**double~walled** tanks. 

### (6) Ancillary equipment must be provided with full secondary containment (e.g., 

### trench, jacketing, double-walled piping) that meets the requirements ofparagraphs (2) and (3) ofthis subdivision except for: (i) aboveground piping (exclusive of flanges, joints, valves and connections) that are visually inspected for leaks on a daily basis;

(ii) welded flanges, weldedjoints, and welded connections that are visually inspected for leaks on a daily basis;

(iii) sealless or magnetic coupling pumps and sealless valves that are visually inspected for leaks on a daily basis; and

6438 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 373-3.10

(iv) pressurized aboveground piping systems with automatic shutoffdevices (e.g., excess flow check valves, flow metering shutdown devices, loss ofpressure actuated shutoff devices) that are visually inspected for leaks on a daily basis. (7) The owneroroperator may obtain a variance from the requirements ofthis subdivision ifthe commissioner finds, as a result ofa demonstration by the owner or operator, either: that alternative design and operating practices togetherwith location characteristics will prevent the migration ofhazardous waste orhazardous constituents into the ground wateror surface water at least as effectively as secondary containment during the active life ofthe tank system; orthat in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment. New underground tank systems may not, per ademonstration in accordance with subparagraph (ij) ofthis paragraph, be exempted from the secondary containment requirements of this subdivision. Application for a variance as allowed in this paragraph does not waive compliance with the requirements ofthis section for new tank systems. 0) ]n deciding whether to grant a variance based on a demonstration of equivalent protection ofground water and surface water, the commissioner will consider: (a) the nature and quantity ofthe waste; (b) the proposed alternate design and operation; (c) the hydrogeologic setting ofthe facility, including the thickness of soils between the tank system and ground water; and

(Ii) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to ground wateror surface water. (ii) In deciding whether to grant a variance, based on a demonstration ofno substantial present or potential hazard, the commissionerwill consider: (a) the potential adverse effects on ground water, surface water, and land quality taking into account: (1) the physical and chemical characteristics of the waste in the tank system, including its potential for migration;

(2) the hydrogeological characteristics ofthe facility and surrounding land; (3) the potential for health risks caused by human exposure to waste constituents; (4) the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(5) the persistence and pennanence ofthe potential adverse effects; (b) the potential adverse effects of a release on ground water quality, taking into account: (1) the quantity and quality ofground water and the direction ofground waterflow; (2) the proximity and withdrawal rates ofwater in the area; (3) the current and future uses ofground water in the area; and (4) the existing quality ofground water, including other sources ofcontamination and their cumulative impact on the ground water quality; (c) the potential adverse effects of a release on surface water quality, taking into account: (1) the quantity and quality ofground water and the direction ofground waterflow; (2) the patterns ofrainfall in the region; (3) the proximity ofthe tank system to surface waters; (4) the current and future uses ofsurface waters in the area and any water quality standards established for those surface waters; and

(5) the existing quality of surface water, including other sources ofcontamination and the cumulative impact on surface waterquality; and

j-j-95 (Reissued 7/95) 6439 Conservation

### § 

### 373-3.10 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) 

### the potential adverse effects ofa release on the land surrounding the tank system, taking into account: (1) 

### the patterns ofrainfall in the region; and 

### (2) the current and future uses ofthe surrounding land. (iii) 

### The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements ofsubparagraph (i) 

### of this paragraph, at which a release ofhazardous waste has occurred from the primary tank system but has not migrated beyond the zone ofengineering control (as established in the variance), must: (a) 

### comply with the requirements ofsubdivision (g) ofthis section, except paragraph (4); and

(b) 

### decontaminate or remove contaminated soil to the extent necessary to:

(1) 

### enablethe tank system, for which the variance was granted, to resume operation with the capability for the detection ofand response to releases at leastequivalentto the capability it had prior to the release; and

(2) prevent the migration ofhazardous waste or hazardous constituents to ground wateror surface water; and (c) 

### if contaminated soil cannot be removed or decontaminated in accordance with clause (b) 

### ofthis subparagraph, comply with the requirements ofparagraph (h)(2) ofthis section. (iv) The owner or operator of a tank. system, for which a variance from secondary containment had been granted in accordance with the requirements of subparagraph (i) 

### of this paragraph, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), must: (a) 

### comply with the requirements ofparagraphs (g)(l)-(4) ofthis section; (b) 

### prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if ground water has been contaminated, the owner or operator must comply with the requirements of paragraph (h)(2) ofthis section; and

(c) 

### provide secondary containment in accordance with the requirements of paragraphs (1)-(6) of this subdivision if repairing, replacing, or reinstalling the tank system, or reapply for a variance from secondary containment and meet the requirements for new tank systems in subdivision (c) ofthis section ifthe tank system is replaced. The

owner or operator must comply with these requirements even ifcontaminated soil can be decontaminated or removed, and ground water or surface water has not been contaminated. (8) The following procedures must be followed in order to request a variance from secondary containment (i) 

### The commissioner must be notified in writing by 

### the owner or operator that the

owner or operator intends to conduct and submit a demonstration for a variance from secondary containment as allowed in paragraph (7) of this subdivision according to the following schedule: (a) 

### for existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with paragraph (1) ofthis subdivision; and

(b) 

### for new tank systems, at least 30 days prior to entering into a contract for installation ofthe tank system. (ij) As part ofthe notification, the owner or operator must also submit to the commis* sioner a description ofthe steps necessary to 

### conduct the demonstration and a timetable for

6440 Conservation (Reissued 7/95) 1·1-95CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.10

completing each ofthe steps. The demonstration must address each ofthe factors listed in SUbparagraph (7)(i) or (ii) ofthis subdivision.

(iii) The demonstration for a variance mustbe completed and submitted to the commissioner within 180 days afternotifying the commissionerofintent to conductthe demonstration.



### (iv) The commissioner 

### will infonn the public, through a newspaper notice, of the aVailability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaperofgeneral circulation and shall provide at least 30 days from 

### the date of the notice for the public to review and comment on the demonstration for a variance. The commissioneralso will hold apublic hearing, in response to arequest or athis

or her own discretion, whenever such a hearing might clarify one ormore issues concerning the demonstration for a variance. Public notice ofthe hearing will be given at least 30 days priorto the date ofthe hearing and may be given atthe same time as notice ofthe opportunity for the public to review and comment on the demonstration. These two notices may be combined.

(v) The commissioner will approve or disapprove the request for a variance within 90 days ofreceipt ofthe demonstration from the owneroroperatorand will notify in writing the

owner or operator and each person who submitted written comments or requested notice of the variance decision. 

### If the demonstration for variance is incomplete or does not. include sufficient information, the 90-day time period will begin when the commissionerreceives a complete demonstration, including all information necessary to make a final determination. Ifthe public comment period in subparagraph (iv) ofthis paragraph is extended, the 90-day time period will be similarly extended. (9) 

# An tank systems, until such time as secondary containment meeting the requirements ofthis subdivision is**provi~.~d.** must comply with the following:



# , (i) for nonenterable underground tanks, a leak test that meets the requirements of SUbparagraph (b)(2)(v) ofthis section must he conducted at least annually;

(ii) for other than nonenterable underground tanks and for all ancillary equipment, an annual leak test, as described in subparagraph (i) ofthis paragraph, or an internal inspection

or other tank integrity examination by an independent, qualified, professional engineer registered in New York that addresses cracks, leaks, corrosion, and erosion must be conducted atleast annually. The owneroroperatormustremove the stored waste from the tank, ifnecessary, to allow the condition ofall internal tank surfaces to be assessed;

Note: The practices described in the American Petroletm Institute (API) publication Guidefor inspection of Refining Equipment, Chapter

### xm, "Atmospheric and Low Pressure Storage Tanks", 4th edition, 1981, may be used, when applicable, as guidelines for assessing the overall condition ofthe tank system. (iii) the owner or operator must maintain on file at the facility arecord ofthe results of the assessments conductedin accordance with subparagraphs (i)-(iii) ofthis paragraph; and

(iv) ifa 

### tank system or component is found to be leaking or unfit·for·use as a result of the leak test or assessment in subparagraphs (i)-(iii) ofthis paragraph, the owneroroperator must comply with the requirements ofsubdivision (g) ofthis section. (e) 

### General operating requirements. (1) Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the secondary containment systemto rupture, leak, corrode, or otherwise faiL

(2) The owneroroperatormustuse appropriate controls andpractices to prevent spills and overflows from tankor secondary containment systems. These include at a minimum: (i) spill prevention controls 

### (e.g., check valves, dry discount couplings); (ii) overfill prevention controls 

### (e.g., level sensing devices, high level alarms, automatic feed cutoff. orbypass to a standby tank); and

11-15-99 6441 Conservation

### § 

### 373-3.10 TITLE6 ENVffiONMENTALCONSERVATION

(iii) maintenance ofsufficient freeboard in uncovered tanks to prevent overtopping by

wave or wind action or by precipitation. (3) The owner or operator must comply with the requirements of subdivision (g) ofthis section ifa leak or spill occurs in the tank system.

(4) The owneror operator mustmark all tanks with the words "hazardous waste" and with other words that identify the contents ofthe tanks. For underground tanks, the markings must be placed on a sign in the area above the tank. (f) 

### Inspections. (1) The owneroroperatormustinspect, where present, at leastonce each 

### operating day: (i) overfill/spill control equipment (e.g.• wastefeed cutoffsystems, bypass systems, and 

### drainage systems) to ensure thatit

### is in good working order;

(ii) the abovegroundportions ofthe tank system, ifany, to detectcorrosion orreleases of waste;

(iii) data gathered from monitoring equipment and leak detection equipment, (e.g., pressure and temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; and

(iv) the construction materials and the area immediately surrounding the externally accessible portion of the tank system including secondary containment structures (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation),

Note: Section 373-3.2(f)(3) ofthis Subpart requires the owner or operatorto remedy any deterioration or malfunction the owner or operator finds. Subdivision (g) ofthis section requires the owner or operatorto notify the commissioner within 24 hours of confltlIring a release. Also, 40 CPR part 302 may require the owner or operatorto notify the National Response Centerofa release. (2) The owner or operator must inspect cathodic protection systems, ifpresent, according to, at a minimum, the fonowing schedule to ensure-that they are functioning properly: (i) the proper operation ofthe cathodic protection system must be confmned within six months after initial installation, and annually thereafter; and

(ii) all sources ofimpressed current must be inspected and/or tested, as appropriate, at leastbimonthly 

### (i.e., every othermonth).

Note: Thepractices describedin the National Association ofCorrosion Engineers (NACE) standard, "Recommended Practice (RP-02-S5) Control of External Corrosion on Metallic Buried, Partially Buried, or Sub+ merged Liquid Storage Systems", and the American Petroleum Institute (API) publication, 1632. Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, may be used, where applicable, as guidelines in maintaining andinspectingcathodicprotection systems. (3) The owner or operator must document in the operating record of the facility an inspection ofthose items in paragraphs (1) and (2) ofthis subdivision. (g) 

### Response to leaks orspills anddisposition ofleaking or unfit·for-use tank systems, A tank systemor secondary containment systemfrom which there has been a leakor spill, or which is unfit-for-use, must be removed from service immediately, and the owner or operator must satisfy the following requirements: (1) Cessation ofuse; prevent flow or addition of wastes. The owner or operator must immediately stop the flow ofhazardous waste into the tank system or secondary containment system and inspect the systemto determine the cause ofthe release.

(2) Removal of waste from tank system or secondary containment system. 0) 

### If the release was from thetank system, the owneroroperatormust, within 24 hours afterdetection

6442 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.10

ofthe leak or, ifthe owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much ofthe waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair ofthe tank system to be performed.

Oi) 

### Ifthe release was to a secondary containment system, all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment. (3) Containment of visible releases to the environment. The owner or operator must immediately conduct a visual inspection ofthe release and, based upon that inspection: 0) prevent further migration ofthe leak or spill to soils or surface water; and (ii) remove, and properly dispose of, any visible contamination of the soil or surface water. (4) Notifications, reports. (i) Any release to the environment, except as provided in subparagraph (ii) ofthis paragraph, must bereported to the commissionerwithin 24 hours of detection. 

### Ifthe release has been reported pursuant to Part 595 ofthis Title, that report will satisfy this requirement.

Note: The DEC spill hotline is (800) 457-7362; outside ofNew York State (518) 457-7362. (ij) A leak or spill ofhazardous waste that is:

(a) less than or equal to a quantity ofone pound; and (b) immediately contained and cleaned-up is exempted from the requirements ofthis paragraph. (iii) Within 30 days ofdetection ofa release to the environment, a report containing the following information must be submitted to the commissioner: (a) likely route ofmigration ofthe release; (b) characteristics ofthe surrounding soil (soil composition, geology, hydrogeology, climate);

(c) results ofany monitoring or sampling conducted in connection with the release. (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data must be submitted to the commissioner as soon as they become available:

(d) proximity to downgradient drinking water, surface water, and population areas; and

(e) description ofresponse actions taken or planned. (5) Provision of secondary containment repair, or closure. (i) Unless the owner or operator satisfies the requirements of subparagraphs (ii)-(iv) of this paragraph, the tank system must be closed in accordance with subdivision (h) ofthis section.

(ii) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, ifnecessary, are made.

(iii) 

### If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.

(iv) Ifthe source ofthe release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component ofthe system from which the leak occurred with secondary containment that satisfies the requirements ofsubdivision (d) ofthis section before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. 

### If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of

1-1-95 (Reissued 7/95) 6443 Conservation

### § 

### 373-3.10 TITLE 6 ENVIRONMENTAL CONSERVATION

paragraph (6) ofthis subdivision are satisfied. Ifacomponentis replaced to comply with the requirements of this subparagraph, that component must satisfy the requirements for new tank systems or components in subdivisions (c) and Cd) ofthis section. Additionally, 

### ifaleak 

### has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom ofan inground or onground tank), the entire component 

### must be provided with secondary containment in accordance with subdivision (d) of this section prior to being returned to use. 

### (6) Certification ofmajor repairs. Ifthe owner or operator has repaired a tank system in accordance with paragraph (5) of this subdivision, and the repair has been extensive (e.g., installation ofan internal liner; repair ofaruptured primary containment or secondary**contain~** ment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification in accordance with section 373-1.4(a)(S)(iv) ofthis Part by an independent, qualified, professional engineer registered in New York that the repaired system is capable ofhandling hazardous wastes without release for the expected life ofthe system. This cenification must be submitted to the commissioner within seven days after returning the tank system to use.

Note: The commissioner may, on the basis ofany infonnation received that there is orhas been a release ofhazardous waste or hazardous**constitu~** ents into the environment issue anorder underECLarticle71 requiring corrective action or such otherresponse as deemed necessary to protect human health or the environment.

Note: See section**373~3.2(f)(3)** ofthis Subpart for the requirements necessary to remedy a failure. Also. 40 CFR part 302 requires the owner or operator to notify the N.ational Response Center of a release of any "reponable quantity". (h) Closure andpost·c!osure care. (1) At closure ofa tank system the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless section 371.1(d)(4) of this Title applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank. systems must meet all of the requirements specified in sections 373-3.7 and 373·3.8 of this Subpart.

(2) 

### Ifthe owneroroperatordemonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (1) ofthis subdivision, then the owner or operator must close the tank system and perform**post~c1osure** care in accordance with the closure and**post~c1osure** care requirements that apply to landfills (section**373~3.14[d]** ofthis Subpart). In addition, for the purposes of closure, post-closure, and financial responsibility, such atank system is then considered to be alandfill, and the owneroroperatormust meet all of the requirements for landfills specified in sections**373~3.7** and 373-3.8 ofthis Subpart.

(3) 

### Ifan owner or operator has a tank system which does not have secondary containment that meets the requirements ofparagraphs (d)(2)-(6) of this section and which is not exempt from the secondary containment requirements in accordance with paragraph (d)(7) of this section. then: (i) The closure plan for the tank system must include both a plan for complying with paragraph (1) ofthis subdivision and acontingency plan forcomplying with paragraph (2) of this subdivision.

(ij) A contingent post·closure plan for complying with paragraph (2) ofthis subdivision must be prepared and submitted as pan ofthe permit application.

(iii) The costestimates calculatedforclosure and post-closure care must reflect the costs ofcomplying with the contingent closure plan and the contingent post-closure plan, ifthese costs are greater than the costs ofcomplying with the closure plan prepared for the expected closure underparagraph (I) ofthis subdivision.

6444 Conservation (Reissued 7195)CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.10

(iv) Financial assurance mustbe basedon the cost estimates in subparagraph (iii) ofthis paragraph.

(v) Forthe purposes ofthe contingentclosure andpost-closureplans, such atank system is considered to be a landfill, and the contingent plans must meet all ofthe closure, postclosure, and financial responsibility requirements for landfills under sections**373~3.** 7 and 373-3.8 ofthis Subpart. (i) 

### Special requirementsfor ignitable or reactive wastes. (1) Ignitable or reactive waste must notbe placed in a 

### tank: system, unless: 0) the waste is treated, rendered, ormixed before or immediately afterplacement in the tank system so that: (a) the resulting waste, mixture, or dissolved material no longer meets the definition ofignitable orreactive waste under section 371.3(b) or (d) ofthis Title; and

(b) section 373-3.2(h)(2) oftbis Suhpartis complied with; (ii) the waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite orreact; or

(iii) the tank systemis used solely for emergencies. (2) The owneroroperatorofafacility where ignitable orreactive waste is stored ortreated in tanks must comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables**2~** 1 through 2-6 ofthe National Fire Protection Association's "Flammable and CombustibleLiquids Code" (see section 370.1 [e] of tbis Title). 

## U) Special requirements/orincompatible wastes. (1) Incompatible wastes, or**incompati~** ble waste and- materials, must not be placed in the same tank system, unless section 373-3.2(h)(2) ofthis Subpart is complied with.

(2) Hazardous waste mustnotbeplacedin a tank systemthathas notbeen decontaminated and thatpreviously held an incompatible waste ormaterial, unless section 373-3.2(h)(2) ofthis Subpart is complied with, (k) 

### Waste analysis andtrial tests. In addition to performing the waste analysis required by section 373-3.2(d) ofthis Subpart, the owner or operator must, whenever a tank system is to be used to treat chemically or to store a hazardolls waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system: (1) conduct waste analyses and trial treaunent or storage tests 

### (e.g., bench-scale or pilotplant scale tests); or

(2) obtain written, documented infonnation on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of paragraph (e)(1) ofthis section.

Note: Section 373-3.2(d) ofthis Subpart requires the waste analysis plan to include analyses needed to comply with subdivisions (i) and

### 0) ofthis section. Section**373~3.5** (c) of this Subpart requires the owner or operator to place the results from each waste analysis and trial test, or the documented infonnation, in the operating record ofthe facility. (1) 

### Special requirementsfor generators ofbetween 100 and 1,000 kg/rna that accumulate hazardous waste in tanks. (1) The requirements ofthis subdivision apply to small quantity generators ofmore than 100kg butless than 1,000 kg ofhazardous waste in a calendar month, that accumulate hazardous waste in tanks for less than 180 days (or 270 days ifthe generator must ship the waste greaterthan 200 miles), and do not accumulate over 6,000 kg onsite at any time.

(2) Generators ofbetween 100 and 1,000 kg/mo hazardous waste must comply with the following general operating requirements:

11-15-99 6445 Conservation

### § 

### 373-3.10 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) 

### Treatment or storage of hazardous waste in tanks must comply with section 373-3.2(h)(2) ofthis Subpart.

(H) 

### Hazardous wastes or treatment reagents must not be placed in a tank 

### ifthey could

cause the tankorits innerlinerto rupture, leak, corrode, orotherwise fail before the end ofits intended life.

(iii) 

### Uncovered tanks must be operated to ensure at least 60 centimeters (two feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a 

### drainage control system, or a diversion structure (e.g., 

### standby tank) with a capacity that equals or exceeds the volume ofthe top 60 centimeters (two feet) ofthe tank.



### (iv) Where hazardous waste is continuously fed into a tank, 

### the tank. 

### must be equipped with

### ameans to stop this inflow (e.g., waste feed cutoffsystemorbypass systemto a standby tank).

Note: These systems are intendedtobe usedintheeventofaleakoroverflow from the tank due to a system failure (e.g., a malfunction in the treatment process, a crackin the tank, etc). 

### (3) Generators ofbetween 

### 100 and 

### 1,000 kg/mo accumulating hazardous waste in tanks mustinspect, where present: (i) discharge control equipment (e.g., waste feed cutoff systems, bypass systems, and drainage systems) atleastonce each operating day, to ensure thatitis in good working order;

(ii) data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;

(iii) the level ofwaste in the tank at leastonce each operating day to ensure compliance with subparagraph (2)(iii) ofthis subdivision;

(iv) the construction materials ofthe tank at least weekly to detect corrosion or leaking offixtures or seams; and;

(v) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).

Note: As required by section 373+3.2(f)(3) of this Subpart, the owner or operator must remedy any deterioration or malfunction the owner or operator finds. 

### (4) Generators ofbetween 

### 100 and 

### 1,000 kg/mo accumulating hazardous waste in tanks must, upon closure ofthe facility, remove all hazardous waste from tanks, discharge control equipment and discharge confinement structures.

Note: At closure, as throughout the operating periods, unless the owner or operatorcan demonstrate, in accordance with section 371.1 (d)(3) or(4) of this Title, that any solid waste removed from the tank is not a hazardous waste, the owneroroperatorbecomes a generatorofhazardous waste andmustmanageitinaccordancewith all applicable requirements ofParts 370 through 374 and 376 ofthis Title. (5) Generators ofbetween 100 and 1,000 kg/mo must comply with the following special requirements for ignitable orreactive waste: (i) Ignitable orreactive waste mustnotbe placed in a tank, unless:

(a) the waste is treated, rendered, ormixedbefore orimmediately afterplacementin a tank so that: (1) the resulting waste, mixture, or dissolution of material no longer meets the definition ofignitable orreactive waste under section 37l.3(b) or (d) ofthis Title; and

(2) section 373-3.2(h)(2) ofthis Subpart is complied with; or

6446 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.11

(b) the waste is slored ortreated in such a way that 

### itis protected from any material or conditions that may cause the waste to ignite orreact; or

(c) the tank is used solely for emergencies. (ii) The owner or operator ofa facility which treats or stores ignitable or reactive waste 

### in covered tanks must comply with 

### the buffer zone requirements for tanks contained in Tables 2·1 through 2·6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (see section 370.1[e] ofthis Title). 

### (6) Generators ofbetween 100 and 1,000 kg/mo must comply with the following special requirements for incompatible wastes. 

### 0) Incompatible wastes, orincompatible wastes and materials, (see Appendix 29 ofthis Title for examples) must notbe placed in the same tank, unless section 373-3.2(h)(2) ofthis Subpart is complied with.

(in Hazardous waste must not be placed in an unwashed tank which previously held 

### an incompatible waste or material, unless section 373-3.2(h)(2) of this Subpart is complied with, (m) 

### Air emissions standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of sections 373-3.27, 373-3.28 and 373-3.29 ofthis Subpart.

Historical Note Sec, filed May 14, 1985; amd. filed May 2,1986; repealed, new filed Oct. 26,1988; amds. filed: Dec. 2,1991; Nov. 15, 1994; Sept. 29,1998; Nov. 4,1999 eff Nov. 24,1999. Amended (e)-(f). (I). 

### § 373-3.11 Surfaceimpoundments.

(a) 

### Applicability. The regulations in this section apply to owners and operators offacilities that use surface impoundments to treat, store, or dispose ofhazardous waste, except as section 373-3.1 (a) ofthis Subpartprovides otherwise.

(b) 

### Action leakage rate. (1) The owneror operator ofsurface impoundment units subject to paragraph (i)(1) ofthis section must submit a proposed action leakage rate to the commissioner when SUbmitting the notice required under paragraph (i)(2) ofthis section. Within 60 days of receipt of the notification, the commissioner will: establish an action leakage rate, either as proposedby the owneroroperatorormodified using the criteriain this subdivision; or extend the review periodforup to 

### 30 days. Ifno action is taken by the commissionerbefore the original 60 orextended 90 day review period ends, the action leakage rate will be approved as proposedby the owner or operator. (2) The commissioner shall approve an action leakage rate for surface impoundment units subjectto paragraph (i)(1) ofthis section. The action leakage rate is the maximum design flow rate thatthe leak detection system (LDS) canremove withoutthe fluid head onthe bottomliner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design 

### (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location ofthe 

### LDS, waste and leachate characteristics, likelihood and amounts ofother sources ofliquids in the 

### LDS, and proposed response actions 

### (e.g., the action leakage rate must allow for decreases in the flow capacity ofthe system over time resulting from siltation and clogging, rib layover and creep ofsynthetic components ofthe system, overburden pressures, etc.).

(3) To detennine ifthe action leakage rate has been exceeded, the owneroroperator must convert the weekly or monthly flow rate from the monitoring data obtained under paragraph (e)(2) ofthis section, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump mustbe calculated weekly during the active life and closure period, and ifthe unit closes in accordance with subparagraph (:f)(l)(ii) ofthis section, monthly during the post-closure care period when monthly monitoring is required underparagraph (e)(2) ofthis section.

11-15-99 6447 Conservation

### § 

## 373-3.11 TITLE 6 ENVIRONMENTAL CONSERVATION



### (c) Containment system. All 

### earthen dikes must have a protective cover, such as grass, shale orrock, to minimize wind and water erosion and to preserve their structural integrity.

Cd) 

### Waste analysesandtrial tests. (1) In additionto the waste analysis requiredby section**373~3.2(d)** ofthis Subpart, whenever a surface impoundment is to be llSed to: (i) 

### chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment; or (ii) 

### chemically treat hazardous waste with 

### a substantially different process than any previously used in that impoundment; the owner or operator must, before treating the different waste or using the differentprocess: (a) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or

(b) obtain written, documented infonnation on similar treatment of similar waste under similar operating conditions; to show that this treatment will comply with section 373-3.2(h)(2) ofthis Subpart.

Note: As required by section 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (g) and (h) ofthis section. As requiredby section 373-35(c) oftrus subpart, the

owner or operator must place the results from each waste analysis and trial test, orthe documented information, in the operating record ofthe facility. (e) Monitoring andinspection. (1) The owner oroperator must inspect: (i) the freeboard level, at least once each operating day, to ensure compliance with paragraphs (i)(6) and (7) ofthis section; and

(ii) the surface impoundment, including dikes and vegetation surrounding the dike, at least once a week, to detect any leaks, deterioration, or failures in the impoundment.

Note: As required by section 373-3.2([)(3) of this Subpart, the owner or operator must remedy any deterioration or malfunction the owner or operator finds. (2) (1) An owner or operator required to have a leak detection system under paragraph (1)(1) ofthis section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(ii) After the final cover is installed, the amount of liquid removed from each leak detection system sump must be recorded at least monthly. 

### If the liquid level in any sump stays below its pump operating level fortwo consecutive months, the amount ofliquid in the sump mustberecorded atleastquarterly. lfthe liquidlevel in the sump stays below its pump operating level for two consecutive quarters, the amount of liquid in the sump must be recorded at least**semi~annually.** 

### Ifat any time during the**post~c1osure** care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the

owner or opetator must return to monthly recording ofthe amount ofliquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(iii) Pump operating level is a liquid level proposed by the owner or operator and approvedby the commissionerbased on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed pump operating level will be accordance with paragraph (b)(I) ofthis section. (f) Closure andpost-closure care. (1) At closure, the owner or operatormust: (i) remove ordecontaminate all waste residues, contaminated containment systemcomponents (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 371.1(d)(4) of this Title applies; or

6448 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.11

(ii) 

### close the impoundment and provide post-closure care for a landfill under sections 373-3.7 and 373-3.14(d) ofthis Subpart, including the following: (a) 

### eliminate frce liquids by 

### removing liquid wastes or solidifying the remaining wastes and waste residues;

(b) 

### stabilize remaining wastes to a bearing capacity sufficient to 

### support the final cover; and

(c) 

### cover the surface impoundment with a final coverdesigned and constructed to:

(1) 

### provide long-term minimization ofthe migration ofliquids through the closed impoundment;

(2) function with minimum maintenance; (3) promote drainage and minimize erosion or abrasion ofthe cover; 

### (4) accommodate settling and subsidence so that the cover's integrity is maintained; and



### (5) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present (2) In addition to the requirements of section 373-3.7 and section 373-3.l4(d) of this Subpart, during the post-closure care period, the owner or operator ofa surface impoundment in which wastes, waste residues, or contaminated materials remain after closure in accordance with the provisions ofsubparagraph (1 )(ii) ofthis subdivision must: (i) maintain the integrity and effectiveness ofthe final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other events;

(ii) maintain and monitor the leak detection system in accordance with section 373-2.11(b)(3)(ii)(d) 

# and (b)(3)(iii) of this Part, and paragraph (e)(2) of this section, and comply with all otherapplicable leak detection system requirements ofthis Subpart;

(iii) maintain and monitor the ground-water monitoring system and comply with all other applicable requirements ofsection 373-3.6 ofthis Subpart; and

(iv) prevent run-on and runofffrom eroding or otherwise damaging the final cover, (g) 

### Special requirementsfor ignitable'or reactive waste. (1) 

### Ignitable or reactive waste must not be placed in a surface impoundment unless the waste and impoundment satisfy all applicable requirements ofPart 376 ofthis Title; and (i) 

### the waste is treated, rendered or mixed before or immediately afterplacement in the impoundment, so that: (a) 

### the resulting waste, mixture or dissolution ofmaterial no longermeets the definition ofignitable orreactive waste under section 371.3(b) or (d) ofthis Title; and (b) 

### section 373-3,2(h)(2) ofthis Subpart is complied with; (li) (a) 

### the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite orreact;

(b) 

### the owner or operator obtains a certification from a qualified chemist orengineer that, to thebestofhis orherknowledge and opinion, the design features oroperating plans ofthe facility will prevent ignition orreaction; and

(c) the certification and the basis for it are maintained at the facility; or (iii) the surface impoundment is used solely for emergencies. (h) 

### Special requirementsfor incompatible wastes. Incompatible wastes, or incompatible wastes and materials (see Appendix 29, 

### infra, for examples) must not be placed in the same surface impoundment, unless section 373-3.2(h)(2) ofthis Subpartis complied with.

(i) 

### Design and operating requirements. (1) 

### The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29,

01-15-2002 6449 Conservation

### § 

### 373-3.11 TITLE 6 ENVIRONMENTAL CONSERVAnON

1992, and eachreplacement ofan existing surface impoundmentunitthatis to commencereuse afterJuly 29, 1992mustinstall two ormorc liners and aleachate collection and removal system 

### between such liners, and operate the leachate collection and removal system, in accordance with section 373-2.11(b)(3) ofthis Pan, unless exempted under section 373-2.11 (b)(4), (5), or 

### (6) of 

### this Part. Construction commences is as defined in section 370.2(b) ofthis Title under existing facility.

(2) The owneroroperatorofeach unitreferred to in paragraph (1) ofthis subdivision must notify the commissioner at least 60 days before receiving the waste. The owner or operator of each facility submitting notice must file a Part 373 permit application within six months ofthe 

### commissioner's receipt ofsuch notice.

(3) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (1) ofthis subdivision if: (i) 

### the existing unit was constructed in compliance with the design standards ofsection 3004(0)(I)(A)(i) and (0)(5) of the Resource Conservation and Recovery Act (see section 370.1[e] ofthis Title); and



### (ii) there is no reason to believethat the liner is not functioning as designed. (4) The double liner requirement set forth in paragraph (1) 

### of this subdivision may be waived by the commissioner for any monofill, if: (i) the monofill contains only hazardous wastes from foundry furnace emission controls

or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in section 371.3(e) ofthis Title, with EPA hazardous waste numbers DOO4 through D017; and

(iO (a) (1) 

### the monofill has at leastone linerfor which there is no evidence ofleaking. For the purposes of this paragraph, the term liner means,a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life ofthe facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water or surface water at any time during the active life ofthe facility. In the case of any surface impoundment which has been exempted from the requirements of paragraph (1) 

### of this subdivision on the basis of a liner designed, constructed, installedand operatedto preventhazardous waste from passingbeyondthe liner, at the closure of the impoundment the owner or operator must remove or decontaminate all wasteresidues, all contaminatedlinermaterial, andcontaminated soil to the extentpracticable. If

### all contaminated soil is not removed ordecontaminated, the

owner or operator of such impoundment must comply with appropriate**post~closure** 

### requirements, including but not limited to**ground~water** 

### monitoring and corrective action;

(2) the monofill is locatedmore than**one~quarter** 

### mile from an underground source ofdrinking water (as defined in 40 CFR 144.3 [see section 370.1 (e) ofthis Title]); and



### (3) the monofill is in compliance with generally applicable ground-water**monitor~** 

### ing requirements for facilities with Part 373 permits; or (b) 

### the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration ofany hazardous constituent into ground wateror surface water at any future time. (5) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements ofparagraph (1) 

### ofthis subdivision, the commissioner, when issuing the first permit, will notrequire that a new liner or leachate collection system be installed, unless the commissioner has reason to believe the liner is leaking. (6) A surfaceimpoundmentmustmaintainenoughfreeboard to prevent any overtopping of the dike by overfilling, wave action, or a stonn. Except as provided in paragraph (7) ofthis subdivision, there mustbe at least 60 centimeters (two feet) offreeboard.

6450 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.11

(7) A freeboard level less than 60 centimeters (two feet) may be maintained 

### ifthe owneror operator obtains certification by a qualified engineerthat alternate design features oroperating plans will, to the bestofhis orherknowledge and opinion, prevent overtopping ofthe dike. The certification, along with a written identification ofalternate design features or operating plans preventing overtopping, must be maintained at the facility.

(8) Surface impoundments that are newly subjectto ReRA section 3005(j)( 1) (see section 370J[e] ofthis Title) due to the promulgation of additional listings or characteristics for the identification ofhazardous waste mustbein compliance withparagraphs (1), (3), and (4) ofthis subdivision not later than 48 months after the promulgation ofthe additional listing or characteristic. This compliance period shall not be cut short as the result ofthe promulgation ofland disposal prohibitions underPart 376 ofthis Title orthe granting ofan extensionto the effective date ofa prohibition pursuant to section 376.l(e) ofthis Title, within this 48-month period. U) 

### Response actions. (1) The owneroroperator ofsurface impoundment units subjectto paragraph (i)(1) ofthis section must submit a response action plan to the commissioner when submitting the proposed action leakage rate under subdivision (b) ofthis section. Theresponse action plan must set forth the actions to be taken ifthe action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

(2) Ifthe flow rate into the leak detection system exceeds the action leakage rate for any sump, the owneror operator must: (i) notify the commissioner in writing of the exceedance within seven days of the determination;

(li) submit a preliminary written assessment to the commissioner within 14 days ofthe determination, as to the amount ofliquids, likely sources ofliquids, possible location, size, and cause ofany leaks,**~nd** short-term actions taken and planned;

(iii) determine to the extent practicable the location, size, and cause ofany leak; (iv) determine whether waste receipt should cease or be curtailed, whether any waste shouldbe removed from the unitfor inspection, repairs, controls, and whetherornot the unit should be closed;

(v) determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(vi) within 30 days after the notification that the action leakage rate has been exceeded, submit to the commissionerthe results ofthe analyses specified in subparagraphs (iii)-(v) of this paragraph, the results ofactions taken, and actions planned. Monthly thereafter, as long

as the flow rate in the leak detection system exceeds the action leakage r'l;te, the owner or operator must submit to the commissioner a report summarizing the results ofany remedial actions taken and actions planned. (3) To make the leak and/or remediation determinations in subparagraphs Oii)-(v) ofthis paragraph, the owneror operatormust: 

### 0) (a) assess the source ofliquids and amounts ofliquids by source;

(b) conducta fingerprint, hazardous constituent, orotheranalyses ofthe liquids in the leak detection system to identify the source ofliquids and possible location ofany leaks, and the hazard and mobility ofthe liquid; and

(c) assess the seriousness of any leaks in terms of potential for escaping into the environment; or Oi) document why such assessments are not needed. (k) 

### Airemission standards. The owneroroperator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of sections 373-3.28 and 373-3.29 ofthis Subpart.

01-15-2002 6451 Conservation

### § 

### 373-3.11 TITLE6 ENVIRONMENTAL CONSERVATION

Historical Note Sec. filed May 14, 1985; amds. filed: May 2,1986; Oct. 26,1988; Dec. 2, 199J; Nov. 15, 1994; Sept. 29, 1998; Nov. 4, 1999; Jan. 14, 2002 eff. 60 days after filing. Amended (i)(1). 

### § 373-3.12 Waste piles.

(a) 

### Applicability. The regulations in this section apply to owners and operators offacilities that treat orplace hazardous waste in piles, except as section 373-3.1 (a) ofthis Subpart provides otherwise. Alternatively, a pile ofhazardous waste may be managed as a landfill under section 373-3.14 ofthis Subpart.



### (b) 

### Protectionfrom wind. The owner or operator of a pile containing hazardous waste which couldbe subject to dispersal 

### by wind must coveror otherwise manage the pile so that wind dispersal is controlled.

(c) 

### Waste analysis. In addition to the waste analyses required by section**373~32(d)** ofthis Subpart, the owneroroperatormust analyze arepresentative sample ofwaste from eachincoming movement before adding the waste to any existing pile, unless: (1) the only wastes the facility receives which are amenable to piling are compatible with each other; or

(2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that the mixing ofincompatible waste does not inadvertently occur. The analysis must include a visual comparison ofcolor and texture.

Note: As required by section 373-3.2(d) ofthis Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e) and (f) ofthis section. As requiredby section 373-3.5(c) ofthis Subpart, the

owneroroperatormustplace theresults ofthis analysis in the operating record ofthe facility. (d) 

### Containment. Ifleachate orrunofffrom apile is a hazardous waste, then either:

(1) (i) the pile must be placed on an impermeable base that is compatible with the waste under the conditions oftreatmentor storage;

(ii) the owneror operator must design, construct, operate and maintain arun-on control system capable ofpreventing flow onto the active portion ofthe pile during peak. discharge from atleast a 25-year storm; (iii) the owner or operator must design, operate and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year stonn; and

(iv) collection and holding facilities 

### (e.g., tanks or basins) associated with run-on and runoffcontrol systems mustbe emptied or otherwise managed expeditiously after storms to maintain design capacity ofthe system; or (2) (i) thepile mustbeprotectedfrom precipitation and**run~on** by some other means; and

(it) no liquids or wastes containing free liquids may be placed in the pile.

Note: If collected leachate or runoffis discharged through a point source to waters ofNew York State, it is subjectto the requirements ofarticle 17 ofthe ECL. (e) 

### Special requirementsfor ignitable or reactive waste. (1) Ignitable or reactive wastes mustnot beplaced in a pile, unless the waste and the pile satisfy all applicablerequirements of Part 376 ofthis Title. and: (i) addition ofthe waste to an existing pile:

(a) results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under section 371.3(b) or (d) ofthis Title; and (b) section 373-3.2(h)(2) ofthis Subpart is complied with; or

6452 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.12

(ii) 

### the waste is managed in such a way that it 

### is protected from any material or conditions which may cause it to ignite or react. (1) 

### Special requirementsfor incompatible wastes. (l) Incompatible wastes, orincompatible wastes and materials (see Appendix 29, 

### infra,forexamples) must not be placed in the same pile, unless section 373-3.2(h)(2) ofthis Subpart is complied with. (2) A pile ofhazardous waste that is incompatible with any waste orothermaterial placed nearby in other containers, piles, open tanks or surface impoundments mustbe separated from the othermaterials, or protected from them 

### by means ofadike, berm, wall or other device.

Comment: The purpose ofthis is to prevent fires, explosions, gaseous ernis· sions, leaching, or other discharge ofhazardous waste or hazardous waste constituents which could result from the contact or mixing ofincompatible wastes ormaterials. 

### (3) Hazardous waste must not be piled on the same area where incompatible wastes or materials werepreviously piled, unless thatareahas beendecontaminated sufficiently to ensure compliance with section**373~3.2(h)(2)** 

### ofthis Subpart. 

### (g) Closure andpost-closure care. 

### (1) At closure, the owner oroperator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 371.1(d)(4) ofthis Title applies; or

(2) If, afterremoving or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipmentas required in paragraph (1) ofthis subdivision, the owneroroperatorfinds that not all contaminated subsoils can bepracticably removedordecontaminated, the owneroroperator must close the facility**and~perform** 

### post-closure care in accordance with the closure and postclosure requirements that apply to landfills (see section 373-3.14[d] oftms Subpart). (h) Design andoperating requirements. 

### The owner or operator ofeach new waste pileunit

on which contruction commences after January 29, 1992, each lateral expansion ofa waste pile unit on which construction commences afterJuly 29,1992, and each replacement ofan existing waste pileunitthatis to commencereuse afterJuly 29, 1992 mustinstall two ormoreliners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 373-2. 12(b)(3), unless exempted under section 373-2.12(b)(4). (5). or (6) of this Part; and must comply with the procedures of 

### section 373-3.11 (i)(2) ofthis Subpart. Construction commences 

### is as defined in section 370.2(b) ofthis Title underexistingfacility.



### (i) Action leakage rate. (1) 

### The owner or operator ofwaste pile units subject to section 373-3.12(h) ofthis Subpart must submit a proposed action leakage rate to the commissioner when submitting the notice required under section 373-3.12(h) ofthis Subpart. Within 60 days ofreceipt ofthe notification, the commissioner will: establish an action leakage rate, either as proposed by the owner oroperator or modified using the criteria in this subdivision; or extend the review period for up to 

### 30 days. If 

### no action is taken by the commissioner before the original 60 orextended 90 day review period ends, the action leakagerate will be approved as proposed by the owneror operator.

(2) The commissioner shall approve an action leakage rate for waste pile units subject to section**373~3.l2(h)** 

### ofthis Subpart. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., 

### slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location ofthe LDS, waste and leachate characteristics, likelihood and amounts ofother sources ofliquids in the LDS, and proposed response actions (e.g., 

### the action leakage rate must allow for decreases in the flow capacity ofthe system over timeresulting from siltationandclogging, rib layoverandcreep ofsynthetic components ofthe system, overburden pressures, etc.).

OJ-15-2oo2 

### 6453 Conservation

### § 373-3.12 TITLE 6 ENVIRONMENTAL CONSERVATION

(3) To detennine ifthe action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under section 373-3.12(k) of 

### this Subpart, to an average daily 

### flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period. (j) 

### Response actions. (1) The owner or operatorofwaste pile units subjectto subdivision (h) ofthis section must submitaresponse action plan to the commissionerwhen submitting the proposed action leakage rate under section subdivision 0) ofthis section. The response action plan must set forth the actions to be taken ifthe action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) ofthis subdivision.

(2) Ifthe flow rate into the leak detection system exceeds the action leakage rate for any sump, the owneror operator must: (i) notify the commissioner in writing of the exceedence within seven days of the determination;

(ii) submit a preliminary written assessment to the commissioner within 14 days ofthe determination, as to the amount ofliquids, likely sources ofliquids, possible location, size, and cause ofany leaks, and short-term actions taken andplanned;

(iii) determine, to the extent practicable, the location, size, and cause ofany leak; (iv) determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(v) determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(vi) within 30 days after the notification that the action leakage rate has been exceeded, submit to the commissioner the results of the analyses specified in subparagraphs (iii) through (v) of this paragraph, the results of actions taken:"and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owneroroperatormust submitto the commissionerareport summarizing the results ofany remedial actions taken and actions planned. (3) To make the leak andlor remediation determinations in subparagraphs (2)(iii) through (v) ofthis subdivision, the owneror operatormust: (i) (a) assess the source ofliquids and amounts ofliquids by source;

(b) conductafingerprint, hazardous constituent, orotheranalyses ofthe liquids in the leak detection system to identify the source ofliquids and possible location ofany leaks, and the hazard and mobility ofthe liquid; and

(c) assess the seriousness of any leaks in terms of potential for escaping into the environment; or (ii) documentwhy such assesments are not needed. (k) 

### Monitoring and inspection. An owner or operator required to have a leak detection systemunder section 373-3.l2(h) ofthis Subpartmustrecord the amount ofliquids removed from eachleakdetection system sump atleastonce each weekduring the active life and closureperiod.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2. 1986; Dec. 2, 1991; Nov. 15, 1994; Nov. 4, 1999; Jan. 14, 2002 eff. 60 days afterfiling. Amended (j)(1). 

### § 

### 373-3.13 Land treatment.

(a) 

### Applicability. The regulations in this section apply to owners and operators offacilities that treat or dispose ofhazardous waste in land treatment units, except as section 373-3.1(a) of this Subpartprovides otherwise.

(b) 

### General operating requirements. (1) Hazardous waste must not be placed in or on a landtreatmentfacility unless the waste 

### canbe made nonhazardous by biological degradation or chemical reactions occurring in 

### or on the soil.

6454 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.13

(2) The owner or operator must design, construct, operate and maintain a**run~on** 

### control system capable ofpreventing flow onto the active portions ofthe facility during peak discharge from at least a**25~year** storm.



### (3) The owner or operator must design, construct, operate and maintain a runoffmanagement system capable of collecting and controlling a water volume at least equivalent to a 24-hour,**25~year** 

### storm.

(4) Collection and holding facilities (e.g., 

### tanks or basins) associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to 

### maintain the design 

### capaCity ofthe system.

(5) Ifthe treatment zone contains particulate matter which may be subject to 

### wind dispersal, the owneror operator must manage the unit to control wind dispersal. (c) Waste analysis. In addition to the waste analyses required by section 373-3.2(d) ofthis Subpart, beforeplacing ahazardous waste in oron a land treatment facility, the owneroroperator must:(l) 

### determine the concentrations in the waste ofany substances which equal orexceed the

maximum concentrations contained in Table 1 of section 371.3(e) of this Title that cause a waste to exhibit the toxicity characteristic;

(2) for any waste listed in section 371.4 ofthis Title, determine the concentrations ofany substances which caused the waste to be listed as a hazardous waste: and

(3) iffood-chain crops are grown, determine the concentrations in the waste ofeach ofthe following constituents-arsenic, cadmium, lead and mercury-unless the owner or operator has written, documented data that show that the constituent is not present.

Note: Part 371 ofthis Title specifies the substances for which a waste is listed

as a hazardous waste. As required by subdivision 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (h) and (i) ofthis section. As required by section 3i3-3.5(c) ofthis Subpart, the owner oroperator must place the results from each waste analysis, orthedocumented information, in the operating record ofthe facility. 

### (d) Food-chain crops and agricultural land. (1) 

### No land treatment facility shall be located on agricultural soil groups 1, 2, 3 and 4 (Land Classification System, as certified by the commissioner ofthe Department ofAgriculture and Markets).

(2) No food-chain crops may be grown on any facility that is or has been used as a land treatment facility for hazardous wastes.

(3) Any person receiving a permit to operate a land treatment facility for hazardous waste shall, as a condition ofsuch permit, place or cause to 

### be placed a restrictive covenant, which shall run with the land in the deed or deeds to 

### all real property subject to the pennit, which prohibits the use ofsuch real property for the growing offood chain crops. (e) Unsaturatedzone (zone of aeration) monitoring. (1) 

### The owneroroperatormust have in writing, and must implement, an unsaturated zone monitoring plan which is designed to: (i) 

### detect the vertical migration ofhazardous waste and hazardous waste constituents under the active ponion ofthe land treatment facility; and

(ii) provide infonnation on the background concentrations ofthe hazardous waste and hazardous waste constituents in similar but untreated soils nearby; this background monitoring must be conducted before or in conjunction with the monitoring required under subparagraph (i) 

### ofthis paragraph. (2) The unsaturated zone monitoring plan must include, at a minimum:

0) soil monitoring using soil cores; and (ii) soil-pore watermonitoring using devices such as lysimeters.

Oct-Dec 1995 6455 Conservation

### § 

### 373-3.13 TITLE 6 ENVIRONMENTAL CONSERVATION



### (3) To comply with subparagraph (1)0) 

### of this subdivision, the owner or operator must demonstrate, in the unsaturated zone monitoring plan, that: (i) the depth at which soil and**soil~pore** water samples are to be taken is below the depth 

### to which the waste is incorporated into the soil;

(ii) the numberofsoil and soil-pore water samples to betaken is based onthe variability of; (a) 

### the hazardous waste constituents (as identified in paragraphs [c][l] and [2] ofthis

section) in the waste and in the soil; and

(b) 

### the soil type(s); and (iii) 

### the frequency and timing of soil and soil-pore water sampling is based on the frequency, time and rate ofwaste application; proximity to ground waterand soil permeability. 

### (4) The owner or operator must keep at the facility the unsaturated zone monitoring plan, and the rationale used in developing this plan.

(5) The owner or operator must analyze the soil and solI-pore water samples for the hazardous waste constituents that were found in the waste during the waste analysis under paragraphs (c)(l) and (2) ofthis section.

Note: As required by section 373-35(c) ofthis Subpart, all data and infonnation developed by the owner or operator under this section must be placed in the operating record ofthe facility. (f) 

### Recordkeeping. The owner or operator must include hazardous waste application dates and rates in the operating record required under section 373-3.5(c) ofthis Subpart.

(g) 

### Closure and**posl~closure.** (1) 

### In the closure plan under section**373~3.7(c)** 

### of this Subpart and the post-closure plan under section**373~3.7(h)** 

### of this Subpart, the owner or operator must address the following objectives and indicate how they will be achieved: (i) 

### control ofthe migration ofhazardous waste and hazardous waste constituents from the treated area into the ground water;

(ii) control ofthe release ofcontaminated runofffrom the facility into surface water; (iii) control ofthe release ofairborne particulate contaminants caused by wind erosion; and

(iv) compliance with subdivision (d) ofthis section concerning the growth offood-chain crops. (2) The owner or operator must consider at least the following factors in addressing the closure and**post~closure** 

### care objectives ofparagraph (I) ofthis subdivision: (i) type and amount ofhazardous waste and hazardous waste constituents applied to the land treatment facility;

(ii) the mobility and the expected rate ofmigration ofthe hazardous waste and hazardous waste constituents;

(iii) 

### site location, topography, and surrounding land use with respect to the potential effects of pollutant migration (e.g., 

### proximity to ground water, surface water and drinking water sources);

(iv) climate, including amount, frequency and pH ofprecipitation; (v) geological and soil profiles and surface and subsurfacehydrology ofthe site, and soil characteristics, including cation exchange capacity, total organic carbon, and pH;

(vi) unsaturated zone monitoring information obtained under subdivision (e) of this section; and

(vii) type, concentration and depth ofmigration ofhazardous waste constituents in the soil as compared to theirbackground concentrations.

6456 Conservation Oct-Dec 1995CHAPTER IV QUALITY SERVICES 

### § 373-3.13

(3) The owner or operator must consider at least the following methods in addressing the closure and post-closure care objectives ofparagraph 0) ofthis subdivision: (i) removal ofcontaminated soils; (ii) placement ofa final cover, considering:

(a) functions ofthe cover (e.g.• infiltration control, erosion and runoff control, and wind erosion control); and

(b) characteristics ofthe cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the 

### cover; and (iii) monitoring ofground water. (4) In addition to the requirements ofsection 373-3.7 ofthis Subpart, during the closure period the owner or operatorofa landtreatment facility must: (i) continue unsaturated zone monitoring in a manner and frequency specified in the closureplan, exceptthat soil-pore liquidmonitoring may be terminated 90 days afterthe last application ofwaste to the treatmentzone;

(ii) maintain the run-on control system reqUired underparagraph (b)(2) ofthis section; (iii) maintain the runoff management system required under paragraph (b)(3) of this section; and

(iv) control wind dispersal ofparticulate matterwhich may be subjectto wind dispersal. (5) Forthe purpose ofcomplying with section 373-3.7(1) ofthis Subpart, when closure is completed, the owner or operator may submit to the commissioner certification, both by the

owner or operator and by 

### 'JIl independent qualified soil scientist, in Heu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.

(6) In addition to the requirements ofsection 373-3.7(g) ofthis Subpart, during the postclosure care period the owneroroperatorofa landtreatmentunit must: (i) continue soil-pore monitoring by collecting and analyzing samples in a manner and frequency specifiedin the post-closureplan;

(ii) restrict access to the unit as appropriate for its post-closureuse; (iii) assurethat growth offood-chain crops complies with subdivision (d) ofthis section; and

(iv) control wind dispersal ofhazardous waste. (h) 

### Special requirementsfor ignitable or reactive waste. Ignitable or reactive waste must not be land-treated unless the waste and treatment zone meet all applicable requirements ofPart 376 ofthis Title, and: (1) the waste is immediately incorporated into the soil so that:

(i) the resulting waste, mixture ordissolution ofmaterial no longer meets the definition ofignitahle orreactive waste under section 37

### 1.3(b) or (d) ofthis Title; and

(il) section 373-3.2(h)(2) ofthis Subpartis complied with; or (2) the waste is managed in such a way that itis protected from any material orconditions which may cause itto ignite orreact. (i) 

### Special requirementsfor incompatible wastes. Incompatible wastes. or incompatible wastes and materials (see Appendix 29, ofthis Title forexamples). mustnotbeplacedin the same land treatment area, unless section 373-3.2(h)(2) ofthis Subpart is complied with.

Historical Note Sec. filed May 14.1985; amds. filed: Dec. 2.1991; Nov. 15, 1994eff. 60 days afterfiling.

11-15-99 6457 

### Conservation

## § 373-3.14 TITLE6 ENVIRONMENTAL CONSERVATION



### § 373-3.14 Landfills.

(a) Applicability. The regulations in this section apply to owners and operators offacilities thatdispose ofhazardous waste in landfills, except as section 373-3.1(a) ofthis Subpart provides otherwise. A waste pileused as a disposal facility is a landfill and is governed by this section.

(b) Action leakage rate. (1) The owner or operator oflandfill units subject to paragraph 0)(1) ofthis section must submit a proposed action leakage rate to the commissioner when submitting the notice required under paragraph m(2) ofdtis section. Widtin 60 days ofreceipt 

### ofthe notification, the commissioner will: 

### establish an action leakage rate, either as proposed by the owner oroperatorormodified using the criteriainthis subdivision; orextend the review period for up to 30 days. 

### Ifno action is taken by the commissioner before the original 60 or 

### extended 90 day review period ends, the action leakage rate will be approved as proposed by the owneroroperator. (2) The commissioner shall approve an action leakage rate for landfill units subject to paragraph G)(1) 

### ofthis section. The action leakage rate is the maximum design flow rate that the leak. detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., 

### slope, hydraulic conductivity, thickness of drainage material), construction, operation, andlocation ofthe LDS, waste and leachate characteristics, likelihood and amounts ofother sources ofliquids in the LDS, and proposed response actions (e.g., 

### the action leakage rate must allow for decreases in the flow capacity ofthe system over timeresulting from siltation andclogging, rib layoverandcreep ofsynthetic components ofthe system, overburden pressures, etc.).

(3) To determine ifthe actionleakage rate has been exceeded, the owner or operatormust convert the weekly or monthly flow rate from the monitoring data obtained under subdivision (I) ofdtis section, to an average daily flow rate (gallons peracre perday) foreach sump. Unless 

### the commissioner approves a different calculation, the**avera~** 

### daily flow rate for each sump must be calculated weekly during the post-closure care period when monthly monitoring is required underparagraph (1)(2) ofdtis section. 

### (c) Surveying and recordkeeping. 

### The owner or operator of a landfill must maintain the following items in the operating recordrequired under section**373~3.5(c)** 

### ofthis Subpart: (1) on amap, the exactlocation and dimensions, including depth, ofeach cell withrespect to permanently surveyed benchmarks; and (2) the contents ofeach cell and the approximate location ofeach hazardous waste type within each cell. (d) Closure and

### post-closure care. (1) 

### At final closure ofthe landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to: (i) provide long-term minimization ofmigration ofliquids through the closed landfill; (ii) function with minimum maintenance; (iii) 

### promote drainage and minimize erosion or abrasion ofthe cover; (iv) accommodate settling and subsidence to maintain the cover's integrity; and (v) have apermeability less than 

### orequal to the permeability ofany bottomliner system

ornatural subsoils present. (2) After final closure, the owner or operator must comply with all post-closure requirements contained in section 373-3.7(g) through 

## G) ofdtis Subpart including maintenance and 

### monitoring throughout the post-closure care period. The owner oroperatormust: (i) maintain the integrity and effectiveness ofthe fmal cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other damaging events;

6458 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.14

(ii) 

### maintain and monitor the leak detection system in accordance with section 373-2.14(c)(3)(iii)(d) and (c)(3)(iv) of this Title, and paragraph (1)(2) ofthis section, and comply with all otherapplicable leak detection systemrequirements ofthis Subpart;

(iii) maintain and monitor the ground-water monitoring system and comply with all 

### other applicable requirements ofsection**373~3.6** 

### ofthis Subpart;

(iv) preventrun-on and runofffrom eroding orotherwise damaging the final cover; and (v) protect and maintain surveyed benchmarks used in complying with subdivision (c) 

### ofthis section. (e) 

### Special requirementsfor ignitable or reactive waste. (1) Except as provided in paragraph (2) ofthis subdivision, and in subdivision (i) ofthis section, ignitable or reactive waste must not 

### be placed in a landfill, unless the waste and landfill meet all applicable requirements ofPart 376 ofthis Title, and: (0 the resulting waste, mixture ordissolution ofmaterial no longer meets the definition ofignitable orreactive waste under section 37l.3(b) or (d) ofthis Title; and

(ii) section 373-3.2(h)(2) ofthis Subpartis compliedwith. (2) Except for prohibited wastes which remain subject to treatment standards in section 376.4 of this Title, ignitable wastes in containers may be landfilled without meeting the requirements ofparagraph (1) ofthis subdivision, provided that the wastes are disposed ofin such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes mustbe disposed ofin nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition ofthe wastes; must be covered daily with' soil or other noncombustible material to minimize the potential for ignition ofthe wastes; and must not be disposed ofin cells thatcontain orwill cOI:gain otherwastes which generate heat sufficientto causeignition of the waste.

< 

### (0 Special requirementsfor incompatible wastes. Incompatible wastes, or incompatible wastes and materials (see Appendix 29, 

### infra, for examples) must not be placed in the same landfill cell, unless section 373-3.2(h)(2) ofthis Subpart is complied with.

(g) 

### Special requirementsfor liquid waste. (1) Bulk or noncontainerized liquid waste or waste containing free liquids (whetherornot sorbents have been added) mustnotbeplacedin a landfill.

(2) Containers holding free liquids must not be placed 

### in alandfill, unless:

(i) all free-standing liquid:

(a) has beenremoved by decanting, or other methods; (b) has been mixed with sorbent or solidified so thatfree-standing liquid is no longer observed; or

(c) has been otherwise eliminated; or (ii) the containeris very small, such as an ampule; or (iii) the container is designed to hold free liquids for use other than storage, such as a battery orcapacitor; or

(iv) the container is a lab pack,as defined in subdivision 

### (0 of this section, and is disposed ofin accordance with subdivision (i) ofthis section. (3) To demonstrate the absence or presence offree liquids in either a containerized or a hulk waste, the following test must be used: Method 

### 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, PhysicallChentical Methods,"' EPA Publication SW-846, as incorporatedby reference in section 370.1 (e) ofthis Title.

(4) Sorbents used to treatfree liquids to be disposed ofin landf11ls must be nonhiodegradable. Nonbiodegradable sorbents are: materials listed or described 

### in subparagraph (i) ofthis paragraph; materials that pass one of the tests in subparagraph (ii) of this paragraph; or

11-15-99 6459 Conservation

### § 

## 373-3.14 TITLE6 ENVIRONMENTAL CONSERVATION

materials that are determined by the department to be nonbiodegradable through the Part 370 petition process. (i) Nonbiodegradable sorbents.

(a) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calciumbentonite, montmorillonite, calcined montmorillonite, kaolinite, micas [illite], venniculites, zeolites; calcium carbonate [organic free limestone]; oxideslhydroxides, alumina, lime, silica [sand], diatomaceous 

### earth; perlite [volcanic glass]; expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoalJactivated carbon); or

(b) high molecular weight synthetic polymers (e.g.• polyethylene. high density polyethylene [HDPEJ, polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does notincludepolymers derivedfrombiological material or polymers specifically designed to be degradable; or (c) mixtures ofthese nonbiodegradable materials. (ii) Tests for nonbiodegradable sorbents.

(a) The sorbentmaterial is determined to be nonbiodegradable underASTM Method G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi (see section 370.1[e] ofthis Title); (b) the sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-StandardPractice forDetermining Resistance ofPlastics to Bacteria (see section 370.1[eJ ofthis Title); or

(c) the sorbentmaterial is determinedtobe nonbiodegradableunderOECD test 301B; (C02 Evolution [Modified Sturm Test]) as incorporated by reference 

### in section 370.1(e) ofthis Title. (h) 

### Special requirementsfor containers. Unless they are very small, such as an ampule, containers must be either: (1) atleast90 percentfull when placed in the landfill; or (2) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landftll. (i) 

### Disposal ofsmall containers ofhazardous waste in overpacked drums (lab packs). Small containers ofhazardous waste in overpacked drums (lab packs) may beplaced'in alandfill ifthe following requirements are met: (1) Hazardous waste must be packaged in nonleaking inside containers, The inside**con~** tainers mustbe ofadesign and constructedofamaterial thatwill notreactdangerously with, be decomposed by or be ignited by, the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the United States Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179) (see section 370.1[e] ofthis Title), ifthose regulations specify a particular inside containerfor the waste. (2) The inside containers must be overpacked in an**open~head** Federal DOT specification metaI shipping contaIner (49 CFR parts 178 and 179) (see sectioo 370.l[eJ ofthis Title) ofno

more than 416-liter OlO-gallon) capacity and surrounded by, at a minimum, a sufficient quantity ofsorbent material, detennined to be nonbiodegradable in accordance with paragraph (g)(4) ofthis section to completely sorb all ofthe liquid contents ofthe inside containers. The metal outer container must be 

## fun after it has been packed with inside containers and sorbent materiaL (3) The sorbent material used must not 

### be capable of reacting dangerously with, being decomposed by or being ignited by, the contents ofthe inside containers in accordance with section 373-3.2(h)(2) ofthis Subpart.

6460 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.14

(4) Incompatible wastes, as definedin section 370.2(b) afthis Title, must not be placed in the same outside container.

(5) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in section 371.3(d)(l)(v) of this Title, must be treated or rendered nonreactive prior to packaging in accordance with paragraphs (1) through (4) ofthis subdivision. Cyanide- and sulfide-bearing reactive waste may be packedin accordance withparagraphs (1) through (4) afthis subdivision without first being treated orrendered nonreactive.

(6) Suchdisposal is in compliance with the requirements ofPart 376 ofthis Title.

(i) 

### Persons who incinerate lab packs according to the requirements in section 376.4(c)(3)(i) ofthis Title may use fiberdrums in place ofmetal outercontainers. Suchfiber drums mustmeet all DOT specifications andbe overpacked according to the requirements in paragraph (2) ofthis subdivision. 

### (j) 

### Design and operating requirements. (1) The owner or operator ofeach new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill uniton which constructioncommences afterJuly 29, 1992, and eachreplacementofan existing landfill unit that is to commence reuse after July 29, 1992 must install two or more liners and aleachate collection andremoval systemabove andbetween suchliners, and operate the leachate collection andremoval systems, in accordance with section**373~2.14(c)(4),** (5), or (6), ofthis Pan. 

### Construction commences is as defined in section 370.2(b) ofthis Title under 

### existingfacility.

(2) The owneroroperatorofeachunitreferred to in paragraph (1) ofthis subdivisionmust notify the commissioneratleast 60 days beforereceiving waste. The owneroroperatorofeach facility submitting notice must file a Part 373 permit aplication within six months of the commissioner's receipt ofthe notice.

(3) The owneroroperaterofany replacementlandfIll unitis exemptfrom paragraph (1) of this subdivision if: (i) the existing unit was constructed in compliance with the design standards ofsection 3004(0)(l)(A)(i) and (0)(5) of the Resource Conservation and Recovery Act (see section 370.1 [e] ofthis Title); and

(ii) there is no reason to believethat the liner is notfunctioning as designed. (4) The double liner requirement set forth in paragraph (1) of this subdivision may be waivedby the commissioner for any monofill, if: (i) the monofill contains only hazardous wastes from foundary furnace emission**con~** troIs ormetal casting molding sand, and the wastes do notcontainconstituents which would render the wastes hazardous for reasons other than the toxicity characteristic in section 371.3(e) ofthis Title with EPA hazardous waste numhers DOO4 through DOI7; and

(ii) (a) (1) the monofill has atleastone linerforwhich there is no evidence that such aliner is leaking;

(2) the monofill is locatedmore than one-quartermile from an underground source ofdrinking water (as that

### tenn is defined in 40 CPR 144.3 [see section 370.1(e) ofthis Title]); and (3) the monofill is 

### in compliance with generally applicable**ground~water monitor~**  ing requirements for facilities with Part 373 permits; or (b) the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration ofany hazardous constituent into ground wateror surface water at any future time. (5) In the case ofany unit in which the liners and leachate collection system have been installed pursuant to the requirements ofparagraph (1) ofthis subdivision, the commissioner, when issuing the first permit, will notrequire that anew linerand leachate collection systembe installed, unless the commissioner has reason to believe the lineris leaking.

11-15-99 6461 Conservation

### § 

### 373-3.14 TITLE 6 ENVIRONMENTAL CONSERVATION



### (6) The owner or operator must design, construct, operate, and maintain a run-on control system capable ofpreventing flow onto the active portion ofthe landfill during peak discharge from atleast a 25-year storm.



### (7) The owneroroperatormustdesign, construct. operate, and maintain arun-offmanagement system to collect and control at least the water volume resulting from a 24-hour, 25-year 

### storm.

(8) Collection and holding facilities (e.g., 

### tanks orbasins) associated 

### with run-on andrunoff control systems must be emptied or otherwise managed expeditiollsly after storms to maintain design capacity ofthe system,

(9) The owneroroperatorofalandfill containing hazardous waste whichis subjectto wind 

### dispersal mustcoverorotherwise manage the landfills so that wind dispersal ofthe hazardous waste is controlled.

Note: As required by section**373~3.2(d)** ofthis Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e), (f) and (g) ofthis section. As required by section 373·3.5(c) ofthis Sub· part, the owner or operator must place the results ofthese analyses in the operating record ofthe facility. 

### (k) 

### Response actions. (l) 

### The owner or operator of landfill units subject to paragraph (j)(l) ofthis section must submit aresponse action plan to the commissioner when submitting the proposed. action leakagerate under subdivision (b) ofthis section. Theresponse action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the action specified in paragraph (2) ofthis subdivision.

(2) Ifthe flow rate into the leak detection system exceeds the action leakage rate for any sump. the owneroroperatormust: (i) 

### notify the commissioner 

### in writing of the exceedence within seven days of the determination;

(ii) 

### submit a preliminary written assessment to the commissioner within 14 days ofthe detennination, as to the amount ofliquids, likely sources ofliquids, possible location, size, and cause ofany leaks, and shorHenn actions taken andplanned;

(iii) determine to the extentpracticable the location, size, and cause ofany leak; (iv) determine whether waste receipt should cease or be currtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whetherornot the unit shouldbe closed; (v) determine any other shon·tenn and**longer~term** 

### actions to be taken to mitigate or stop any leaks; and

(vi) 

### within 30 days afterthe notification thatthe action leakagerate has been exceeded, submit to the commissioner the results ofthe analyses specified in subparagraph (ii)-(v) of this paragraph. the results ofactions taken, and actions planned. Monthly thereafter, as long

as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the commissioner a report summarizing the results ofany remedial action taken and actions planned. (3) To make the leak and/or remediation detenninations in subparagraphs (iii)-(v) ofthis paragraph. the owneror operatormust: (i) (a) 

### assess the source ofliquids and amounts ofliquids by source;

(b) 

### conduct afingerprint, hazardous constituent, orotheranalyses ofthe liquids 

### in the leak detection system to identify the source ofliquids and possible location ofany leaks, and the hazard and mobility ofthe liquid; and

(c) 

### assess the seriousness of any leaks 

### in terms of potential for escaping into the environment; or (ii) 

### document why such assessments are not needed.

6462 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.15

0) Monitoring and

### inspection (1) 

### An owneroroperatorrequiredto have a leak detection 

### system under paragraph 0)(1) 

### ofthis section must record the amount ofliquids removed from 

### each leak detection system sump at least once each week during the active life and closure period.

(2) Afterthe final coveris installed, the amountofliquidremovedfrom eachleakdetection system sump mustbe recorded at least monthly.lfthe liquid level in any sump stays below its pump operating level for two consecutive months, the amount ofliquid in the sump must be 

### recorded atleast quarterly. Ifthe liquid level in the sump stays below its pump operating level for at leasttwo consecutive quarters, the amountofliquidin the sump must

### berecorded atleast**semi~annually.** 

### Ifat any time during the**post~closure** 

### care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owneroroperatormust return to monthly recording ofthe amount ofliquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(3) 

### Pump operating level is a liquid level proposedby the owneroroperatorand approved by the commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layerand minimizes headinthe sump. The timing for submission and approval ofthe proposedpump operating level will he in accordance with paragraph (b)(l) of this section.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; Oct. 26, 1988; Dec. 2, 1991; 

### Nov. 15,
t994; Sept. 29, t998; Nov. 4. 1999 eff. Nov. 24. t999. Amended (b), (d), (i), 

### til.


### § 

### 373-3,15 Incinerators.

(a) 

### Applicability. (l) 

### The regulations in this section apply to owners and operators of hazardous waste incineratQ[s (as defined in section 370.2[b] ofthis Title), except as section 373-3.1 (a) ofthis Subpartprovides otherwise.

(2) Additional regulations governing construction and operation of incinerators for purposes ofair

### pollution control are set forth inParts 200, 201, 212, 219, 225, 227 and 257 ofthis Title. (3) Owners and operators ofincinerators burning hazardous waste are exempt from all of the requirements ofthis section, except subdivision (e) (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Appendix 23 of this Title, and such documentation is retained at the facility, ifthe waste to be burned is: (i) listed as a hazardous waste in section 371.4 ofthis Title solely becauseitis ignitable (HazardCode I), corrosive (Hazard Code C), orboth; or

(ii) listed as ahazardous waste in section 371.4 ofthis Title solely because itis reactive (Hazard Code R) for characteristics otherthan those listed in section 37L3(d)(I)(iv) and (v) of this Title, and will not be burned when other hazardous wastes are present in the combustion zone; or

(iii) a hazardous waste solely because it possesses the characteristics of ignitability, corrosivity, orboth, as determinedby the tests forcharacteristics ofhazardous wastes under section 371.3 ofthis Title; or

(iv) a hazardous waste solely because it possesses any ofthe reactivity characteristics describedby section 37L3(d)(l)(i)-(ili), (vi)-(vlii) ofthis Title, and will not

### beburned when other hazardous wastes are present in the combustion zone. (b) 

### Waste analysis. 10 addition to the waste analyses required by sectioo 373-3.2(d) ofthis Subpart, the owneroroperatormust sufficiently analyze any waste whichhas notpreviouslybeen burned in the incinerator to enable the owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air 

### flow) and to determine the type ofpollutants which might be emitted. At a minimum. the analysis must determine: (l) heating value ofthe waste;

11-15-99 6463 Conservation

### § 

### 373-3.15 TITLE 6 ENVIRONMENTAL CONSERVA TlON



### (2) halogen contentand sulfurcontent in the waste; and (3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not 

### present Note: As requiredby section 373-3.5(c) ofthis Subpart, the owneroroperator must place the results from each waste analysis, or the documented infonnation, in the operating record ofthe facility. 

### (c) General operating requirements. During start-up and shutdown of an incinerator, the

owneroroperatormust notfeed hazardous waste unless the incineratoris at steady state (normal) conditions ofoperation, including steady state operating temperature and airflow.



### (d) Monitoring and inspections. The owner or operator must conduct, as a minimum, the fonowing 

### monitoring and inspections 

### when incinerating hazardous waste: (1) 

### Existing instruments which relate to combustion and emission control must be**moni~** 

### tored at 

### least every 15 minutes. Appropriate corrections to maintain steady state combustion conditions must be made immediately, either automatically or by the operator. Instruments which relate to combustion and emission control would normally**inc~ude** 

### those measuring waste feed, auxiliary fuel feed, airflow, incinerator, temperature, scrubber flow, scrubber pH, and relevant level controls.

(2) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) mustbe inspected at leastdaily for leaks, spills and fugitive emissions, and all emergency shutdown controls and system alanns must be checkedto assure properoperation. (e)**Clos~re.** 

### At closure, the owner or operator must remove all hazardous waste and hazardous wasteresidues (including butnotlimitedto ash, scrubberwaters and scrubbersludges) from the incinerator. Note; At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 371.1(d)(4) of this Title, that theresidue removed fromthe incineratoris notahazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements ofParts 370 through 376 ofthis Title. (f) 

### Standardsfor particular hazardous wastes. (1) Owners or operators ofincinerators subjectto this section may burn EPA hazardous wasteF020, F021. F022, F023. F026 orF027 if 

### they receive a certification from the commissioner that they can meet the performance stan· dards ofsection 373-2.15 ofthis Part when they burn the wastes.

(2) In addition to the requirements ofPart 621 ofthis Title, the following standards and 

### procedures will be used in determining whetherto certify an incinerator: (i) 

### The owner or operator must submit an application to the commissioner containing applicable information 

### in sections 373-1.5(f) and 373-1.9(a) ofthis Part demonstrating that 

### the incinerator can meet the perfonnance standards in section**373~2.15** 

### of this Part when they burn the wastes.

(ii) The commissioner will issue a tentative decision whether the incinerator can meet the performance standards in section**373~2.l5** 

### of this Part. Notification of this tentative decision will be provided by a newspaperadvertisement and radio broadcastin thejurisdiction wherethe incineratoris located. The commissionerwill 

### acceptcommentonthetentative decisionfor 60 days. The commissioneralso may holdapublic hearing uponrequestorathis

or her discretion.

(iii) 

### After the close of the public comment period, the commissioner will issue a decision whetherornot to certify the incinerator.
Historical Note Sec. filed May 14, 1985; amds. filed: May 2. 1986; Oct. 26, 1988; Dec. 2. 1991; Nov. 15, 1994; Nov. 4. 1999 eff. Nov. 24, 1999. Amended (a)(3). 

### § 

### 373-3.16 Thermal 

### treatment.

(a) The regulations in this section apply to owners and operators offacilities that thennally treat hazardous waste in devices otherthan enclosed devices using controlled flame combustion, except as provided in section**373~3.l(a)** 

### ofthis Subpart. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of section 373·3.15 of this Subpart ifthe unit is an incinerator, and section 374·1.8 ofthis Title if

### the unit is a boiler or an industrial furnace as defined 

### in section 370.2(b) ofthis Title.

6464 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.16

(b) 

### Generaloperating requirements. Before adding hazardous waste, the owneroroperator 

### must bring the thennal treatment process to steady state (normal) conditions of operationincluding steady state operating temperature-using auxiliary fuel or other means, unless the process is a noncontinuous (batch) thennal treatment process which requires a complete thennal cycle to treat a discrete quantity ofhazardous waste.



### (c) Waste analysis. In addition to the waste analyses required by section 373-3.2(d) ofthis Subpart, the owneroroperatormust sufficiently analyze any waste which has not been previously treated in the thennal process to enable the owneroroperatorto establish steady state (normal) or 

### other appropriate (for a noncontinuous process) operating conditions (including waste and auxiliary fuel feed), and to determine the type of air contaminants which might be emitted. At a minimum, the analysis must determine: (1) 

### heating value ofthe waste; (2) halogen content and sulfurcontent in the waste; and (3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present. (d) Monitoring and inspecrions. (1) 

### The owner and operator must conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste: (i) 

### Existing instruments which relate to temperature and emission control (ifan emission control device is present) must be monitored at least every 15 minutes, Appropriate corrections to 

### maintain steady state or other appropriate thermal treatment conditions must be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature, and relevant process flow and level controls.

(ij) The stack plume (emissions), where present, must be observed visually at least hourly for normal appearance (colorand opacity). The operator must immediately make any indicated operating corrections necessary to return any visible emissions to their nonnal appearance.

(iii) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills and fugitive emissions, and system alarms must be checked to assure proper operation. (e) Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including but not limited to ash) from the thermal treatment process or equipment.

(f) 

### Open burning; waste explosives. Open burning ofhazardous waste is prohibited except for the open burning and detonation ofwaste explosives. Waste explosives include waste which has the potential to detonate, and bulk military propellants which cannot safely be disposed of through other modes oftreatment. Detonation is an explosion in which chemical transfonnation passes through the material faster than the speed of sound (0.33 kilometer/second at sea level). Owners or operators choosing to 

### open-burn or detonate waste explosives must do so in accordance with the following table and in a manner that does not threaten human health or the environment.

Pounds of waste explosives

orpropel/ams

Oto 100. 100 to 1,000. 1,001 to 10,000

.. 10,001 to 30.000. · 204 meters

· 380 meters

530 meters

· 690 meters Minimum distancefrom open burning ordetonation to the
property of others (670 feet) (1,250 feet) (1,730 feet) (2,260 feet)

08/31/97 6465 Conservation

### § 373-3.16 TITLE 6 ENVIRONMENTAL CONSERVATION



### (g) Standardsforparticular hazardous waste. 0) Owners or 

### operators ofthennal treatment devices subject to this section may bum EPA hazardous waste F020, F02l, F022, F023, F026 

### or FOZ? 

### if they receive a certification from the commissioner that they can meet the perfonnance standards ofsection 373-2.15 ofthis Part when they burn these wastes.

(2) In addition to the requirements ofPart 621 ofthis Title, the following standards and procedures will 

### be used in detennining whether to certify a thermal treatment unit: 0) The owner or operator must submit an application to the commissioner containing the applicable information in sections 373-1.5(t) and 373-1.9(a) ofthis Part demonstrating that the thermal treatment unit can meet the performance standards in section 373-2.15 of this Part when they burn the wastes.

(ij) The commissioner will issue a tentative decision whetherthe thermal treatment unit

can meet the performance standards in section 373-2.15 of this Part. Notification of the tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The commissioner will accept comment on the tentative decision for 60 days. The commissioner also may hold a public hearing upon request or at his or herdiscretion.

(iii) After the close of the public comment period, the commissioner will issue a decision whether or not to certify the thermal treatment unit.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; Nov. 15, 1994 eff. 60 days after filing. Amended (a)-(c), (g). 

### § 373-3.17 Chemical, physical and hiological treatment.

(a) The regulations in this section apply to owners and operators offacilities subject to this Subpart which treat hazardous waste by chemical, physical or biological methods in other than tanks, surface impoundments and land treatment facilities. Chemical, physical and biological treatment ofhazardous waste in tanks, surface impoundments and land treatment facilities must be conducted in accordance with sections 373-3.10, 373-3.11 and 373-3.13 ofthis Subpart.

(b) General operating requirements. (1) 

### Chemical, physical or biological treatment of hazardous waste must comply with section 373-3.2(h) ofthis Subpart.

(2) Hazardous wastes or treatment reagents must not be placed in the treatment process or equipment ifthey could cause the treatment process or equipment to rupture, leak, corrode or otherwise fail before the end ofits intended life.

(3) Where hazardous waste is continuously fed into a treatment process or equipment. the process or equipment must be equipped with a means to stop this inflow (e.g., a waste feed cutoffsystem orbypass system to 

### a standby containment device). (c) Waste analysis andtrial tests. (I) In addition to 

### the waste analysis required by section 373-3.2(d) 

### ofthis Subpart. whenever: (i) 

### a hazardous waste which is substantially different from waste previously treated in a treatmentprocess orequipmentat the facility is to be treated inthatprocess orequipment; or

(ii) a substantially different process than any previously used atthe facility is to be 

### used
to 

### chemically treathazardous waste: the owneroroperator must,beforetreating the different waste or using the different process or equipment: (a) conduct waste analysis and trial treatment tests (e.g., bench scale or pilot plant scale tests); or

(b) 

### obtain written, documented infonnation on similar treatment of similar waste under similar operating conditions; to show that this proposed treatment will meet all applicable requirements ofparagraphs (b)(l) and (2) ofthis section. (d) Inspeccions. (1) 

### The owner or operator of a treatment facility must inspect, where present:

6466 Conservation 08/31197CHAPTER IV QUALITY SERVICES 

### § 373-3.18

(i) 

### discharge control and safety equipment (e.g.) 

### waste feed cutoff systems, bypass systems, drainage systems and pressure reliefsystems), at least once each operating day, to

ensure that 

### it is in good working order;

(ii) data gathered from monitoring equipment (e.g., pressure and temperature gauges), at 

### least once each operating day, to ensure that the treatment process or equipment is being operated according to its design;

(iji) the construction materials ofthe treatment process orequipment, at least weekly, to detect corrosion or leaking offixtures or seams; and



### (iv) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., 

### dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots ordead vegetation). (e) Closure. Atclosure, all hazardous waste and hazardous waste residues mustbe removed from treatment processes or equipment, discharge control equipment and discharge confinement structures.

(f) 

### Special requirementsfor ignitable or reactive wastes. (1) 

### Ignitable or reactive waste must not be placed in a treatment process orequipment unless: (i) the waste is treated, rendered or mixed before or immediately after placement in the treatment process orequipment so that: (a) 

### the resulting waste mixture, or dissolution of material, no longer meets the definition ofignitable or reactive waste under section 371.3(b) or (d) ofthis Title; and

(b) 

### section 373-3.2(h) ofthis Subpart is complied with; or Oi) the waste is treated in such a way that it is protected from any material orconditions which may cause the waste to ignite orreact. (g) Special requirementsfor incompatible wastes. (1) 

### Incompatible wastes, orincompatible wastes and materials (see Appendix 29, infra, for examples), must not be placed inthe same treatment process orequipment unless section**373~3.2(h)** 

### ofthis Subpart is complied with.

(2) Hazardous waste must not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless section**373~3.2(h)** 

### of this Subpart is complied with.

Historical Note Sec. filed May 14, 1985 eff. 60 days after filing. 

### § 373-3.18 Undergroundinjection.

Except as section 373-3.1 ofthis Subpart provides otherwise: (a) Exclusionfrom sections 373-3.7 and373-3.8. The owner or operatorofa facility which disposes of hazardous waste by underground injection is excluded from the requirements of sections 373·3.7 and 373-3.8 ofthis Subpart



### (b) Applicability. The requirements ofthis section apply to owners and operators ofwells used to dispose ofhazardous waste which are classified as Class I under subdivision 144.6(a) of 40 CFR and which are classified as Class IV under subdivision 144.6(d) of 40 CFR (see 6 NYCRR 370.1 

### [e]). (1) 

### Class I. (i) 

### Wells used by generators ofhazardous wastes orowners oroperators of hazardous waste management facilities to 

### inject hazardous waste, otherthan Class IV wells.

(ii) Other industrial and municipal disposal wells which inject fluids beneath the lowermost fonnation containing, within one quarter mile ofthe well bore, an underground source ofdrinking water. (2) Class IV. Wells used by generators of hazardous wastes or of radioactive wastes, by

owners or operators ofhazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes into or

09/30/96 6467 Conservation

### § 

### 373-3.18 TITLE 6 ENVIRONMENTAL CONSERVAnON



### above a formation which, within one quarter mile ofthe well, contains an underground source ofdrinking water.

Historical Note Sec. filed May 14, 1985 eff. 60 days afterfiling. 

### § 

### 373-3.23 Drip pads.

(a) Applicability.

(1) (i) 

### Except as provided in sUbparagraph (1 )(ii) 

### ofthis subdivision, the requirements of this section apply to owners and operators offacilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water**run~off** 

### to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at subparagraph (d)(2)(iii) of this section to install a leak collection system applies only to 

### those drip pads that are constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December24, 1992.

(ii) ForF034 and F035 wastes as definedin paragraph 371.4(b)(I) ofthis Title. subparagraph (i) ofthis paragraph applies, except that the referenced dates are revised to January 17, 1995. (2) The owner or operator ofany drip pad that is inside or under a structure that provides protection from precipitation so that neither**run~off** 

### nor run-on is generated is not subject to regulation under paragraphs (d)(5) or (6) ofthis section, as appropriate.

(3) The requirements ofthis section are not applicable to the management ofinfrequent and incidental drippage in storage yards, provided that: (1) 

### the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the facility will do the following: (a) 

### clean up the drippage: (b) 

### document the cleanup ofthe drippage; (c) 

### retain documents regarding cleanup for three years; and (d) 

### manage the contaminated media in a manner consistent with State and Federal regulations. (b) Assessment of existing drippadintegrity. 

### (1) For each existing drip pad as defined in subdivision (a) ofthis section, the owner or operator must evaluate the drip pad and detennine that it meets all ofthe requirements ofthis section, except the requirements for liners and leak detection systems ofparagraph (d)(2) ofthis section. No later than the effective date ofthese regulations, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in New York State that attests to the results of the evaluation. The assessment must be 

### reviewed, updated and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards ofsubdivision (d) of this section are complete. Theevaluation must document the extentto which the drip pad meets each of the design and operating standards of subdivision (d) of this section, except the standards for liners and leak detection systems, specified in paragraph (d)(2) ofthis section.

(2) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements ofparagraph (d)(2) ofthis section, and submit the plan to the commissioner no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made to 

### the drip pad in sufficient detail to 

### document compliance with all the requirements ofsubdivision

6468 Conservation 

### 09130/96CHAPTER IV QUALITY SERVICES 

### § 373-3.23

(d) of this section. The plan must be reviewed and certified by an independent qualified professional engineer registered in New York State.

(3) Upon completion ofall repairs and modifications, the owneroroperatormust submitto the commissioner the as-built drawings for the drip pad, together with a certification 

### by an independent, qualified professional engineer registered in New Yark State attesting that the drip pad conforms to the drawings.

(4) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of paragraph (d)(13) of this section or close the drip pad in accordance with subdivision (f) ofthis section. (c) Design and installarion of new 

### drippads. Owners and**operator~** ofnew drip pads must

ensure that thepads are designed, installed, and operatedin accordance with one ofthe following: (l) all ofthe applicable requirements ofsubdivisions (d) (except subparagraph (d1[Il[ivJ), (e) and (f) ofthis section; or

(2) all ofthe applicable requirements ofsubdivision (d) (except paragraph [d][2J), (e) and (f) ofthis section. (d) Design andoperating requirements. (1) Drip pads must: 0) be constructed of**non~earthen** materials, excluding wood and**non~structurally sup~**  ported asphalt;

(ii) be sloped to**free~drain** treated wood drippage, rain and other waters, or solutions of drippage and water'or other wastes to the associated collection system;

(iii) have a curb or berm around the perimeter; (iv) (a) have a hydraulic conductivity ofless than orequal to 1 x 10-7 centimeters per second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less thanor equal to I x 10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures ofdrippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free ofcracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives thatcontactthe drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with paragraph (c)(2) instead ofparagraph (c)(l) ofthis section;

(b) the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in New York State that attests to the results ofthe evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must documentthe extentto which the drip pad meets the design and operating standards ofthis subdivision, except for paragraph (2) ofthis subdivision. (v) be ofsufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress ofinstallation, and the stress ofdaily operations, 

### e.g., variable and moving loads such as vehicle traffic, movement ofwood, etc.

Note: DEC will generally consider applicable standards established by professional organizations generally recognized by industry such as the American Concrete Institute (ACI) and the American Society ofTesting Materials (ASTM) injudging the structural integrity requirement of this subparagraph. (2) Ifan owner/operator elects to comply with paragraph (c)(I) instead ofparagraph (c)(2) ofthis section, the drip pad must have: (i) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) ofthe

09/30/96 6469 Conservation

### § 373-3.23 TITLE 6 ENVIRONMENTAL CONSERVAnON

drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the linerand prevent releases into the adjacent subsurface sailorground water



### or surface water during the active life ofthe facility. The liner must be: (a) constructed ofmaterials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste ordrip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);

(b) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure ofthe liner due to settlement, compression or uplift; and

(c) installed to cover all surrounding earth that could come in contact with the waste

or leakage; and Oi) aleakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system must be: (a) constructed ofmaterials that are:

(1) chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and

(2) of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad; and (b) designed and operated to function without clogging through the scheduled closure of the drip pad; and (c) designed so that itwill detect the failure ofthe drip pad orthe presence ofa release ofhazardous waste or accumulated liquid at the earliest practicable time; and (iii) a leakage collection system immediately above the liner that is designed,**con~** structed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity ofany leakage collected in this system and removed must be documented in the operating log. (3) Drip pads must be maintained such that they remain free ofcracks, gaps, corrosion, or otherdeterioration that could cause hazardous waste to be released from the drip pad.

Note: See paragraph (13) ofthis subdivision for remedial action required if deterioration or leakage is detected. (4) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.

(5) Unless protected by a structure, as described in paragraph (a)(2) of this section, the

owneroroperatormustdesign, construct, operate and maintain arun-on control systemcapable of preventing flow onto the drip pad during peak discharge from at least a 24-hour,**25~year** storm, unless the system has sufficient excess capacity to contain any**run~on** that might enter the system.

(6) Unless protected by a structure or cover, as described in paragraph (a)(2) of this section, the owner or operator must design, construct, operate and maintain a run-offmanagement system to collect and control at least the water volume resulting from a 24-hour,**25~year** stonn.

(7) The drip pad must be evaluated to detennine that it meets the requirements of paragraphs (1) through (6) of this subdivision, and the owner or operator must obtain a statement from an independent, qualified professional engineer registered in New York State certifying that the drip pad design meets the requirements ofthis subdivision.

(8) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

6470 Conservation 09/30/96CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.23

(9) The drip pad surface mustbe cleaned thorougWy in a manner and frequency such that accumulatedresidues ofhazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections ofthe entire drip pad surface without interference or hindrance from accumulated residues ofhazardous waste or othermaterials on the drip pad. The owneroroperatormustdocumentthe date and time ofeach cleaning and the cleaning procedure used in the facility's operating log.



### (10) Drip pads must be operated and maintained in a manner to 

### minimize tracking of hazardous waste or hazardous waste constituents offthe drip pad as a result of activities by personnel orequipment.

(11) Afterbeing removed from the treatment vessel, treated wood from pressure and noopressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficientto document that all treated wood is held on the pad following treatment in accordance with this requirement.

(12) Collection and holding units associated withrun-on andrun-offcontrol systems must be emptied orotherwise managed as soon as possible after stonns to maintain design capacity ofthe system.

(13) Throughoutthe active life ofthe drip-pad, ifthe**own~r** oroperatordetects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within areasonably promptperiod oftimefollowing discovery, in accordance with the following procedures: (i) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection ofleakageby the leakdetection system), the owneror operatormust: (a) enter a record ofthe discovery in the facility operating log; (b) immediately remove the portion ofthe drip pad affected by the condition from service;

(c) determine what steps must be taken to repair the drip pad, remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs; (d) within 24 hours after discovery ofthe condition, notify the commissioner ofthe condition and, within 10 working days, provide a written notice to the commissioner with

adescription ofthe stepsthat will be taken torepairthe drip pad, and cleanup any leakage, and the schedule for accomplishing this work. (ii) The commissioner will review the information submitted, make a determination regarding whetherthe padmustberemovedfrom service completelyorpartially until repairs and clean up are complete, and notify in writing the owneror operator ofthe determination and the underlying rationale.

(iii) Upon completing 

### all repairs and clean up, the owner or operator must notify the commissioner in writing and provide a certification, signed by an independent qualified, professional engineerregistered in New York State, thatthe repairs and clean up have been completed according to the written plan submitted in accordance with clause (i)(d) ofthis 

### paragraph. (14) The owneroroperatormustmaintain, as partofthe facility operating log, documentation ofpastoperating and waste handling practices. This mustinclude identification ofpreservative formulations used in the past, a description ofdrippage management practices, and a description oftreated wood storage and handling practices. (e) 

### Inspections. (1) During construction or installation, liners and cover systems 

### (e.g., membranes, sheets, orcoatings) mustbe inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, orforeign materials). Immediately afterconstruction orinstallation, liners must be inspected and certified as meeting the requirements ofsubdivision (d) of this section by an independent qualified, professional engineer registered in New York State. The certificationmust

### be maintained atthe facility as partofthe facility operating record. After

11-15-99 6471 Conservation

### § 

### 373-3.23 TITLE6 ENVIRONMENTAI.. CONSERVATION



### installation, liners and covers must be inspected to ensure tight seams and joints and the absence oftears, punctures, orblisters.

(2) While a drip pad is in operation, itmustbe inspected weekly and after storms to detect evidence ofany of

### the following: (i) 

### Deterioration, malfunctions or improper operation of run-on and run·off control systems.

(ii) The presence ofleakage in and proper functioning ofleakage detection system. (iii) Deterioration orcracking ofthe drip pad surface.

Note: See paragraph (d)(13) ofthis section for remedial action required if deterioration orleakage is detected. (D 

### Closure. (l) At 

### closure, the owner or operator must remove or decontaminate all waste residues, contaminatedcontainment systemcomponents (pad, liners, etc.), contaminated subsoils, and structures and equipmentcontaminated with waste andleakage, and manage them

as hazardous waste.

(2) 

### If, afterremoving or decontaminating all residues and making all reasonable efforts to effect removal Or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (1) ofthis subdivision, the owneroroperator finds thatnot all contaminated subsoils canbe practicallyremoved ordecontaminated, the owneroroperator must close the facility and perform post-closure care in accordance with closure and post

### closure care requirements that apply to landfills (see section 373-3.14[dJ ofthis Subpart). For permittedunits, the requirementto have apermitcontinues throughoutthe post-closureperiod.

(3) (1) The owneroroperatorofan existing drip pad, as definedin subdivision (a) ofthis section,that does not comply with the liner requirements of subparagraph (d)(2)(i) of this section must: (a) 

### include in the closure plan for the drip pad under section 373-3.7(c) of this Subpart, both aplan forcomplying with paragraph (1) ofthis subdivision anda contingent plan for complying with paragraph (2) ofthis subdivision in case not all contaminated subsoils can be practicably removed at closure; and

(b) 

### prepare acontingentpost-closure planunder section 373-3.7(h) ofthis Subpartfor complying with paragraph (2) ofthis subdivisionin case not all contaminated subsoils can be practicably removed at closure. 

### (ii) The cost estimates calculated under sections 373-3.7(c) and 373-3.8(e) of this Subpartforclosure andpost-closure care ofa drip pad subjecttothis paragraph mustinclude the costofcomplying with the contingentclosure plan and the contingentpost-closure plan, but are not required to include the cost of expected closure under paragraph (1) of this subdivision.

Historical Note Sec. filed Nov. 15, 1994; amds. filed: Sept. 20, 1996; Nov. 4, 1999 eff. Nov. 24, 1999. 

### Amended (f)(2). 

### § 

### 373-3.27 Air emission standards for process vents.

(a) 

### Applicability. (1) Theregulations in this section apply onlyto owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 

### 373-3.1[aJ ofthis Subpart).

(2) Exceptforparagraphs (e)(4) and (5) ofthis section. this section applies to 

### process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or 

### air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10ppmw. ifthese operations are conducted in one ofthe following: (i) aunit thatis subjectto the permitting requirements ofSubpart 373-1 ofthis Part; or (ii) a unit (including a hazardous waste recycling unit) that is not exempt from permit

### ting under the provisions of section 372.2(a)(8)(ii) of this Title, (i.e.• 

### a hazardous waste

6472 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.27

recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Subpart 373-1 of this Part; or

(iii) aunitthatis exempt from permitting underthe provisions ofsection 372.2(a)(8)(ii) ofthis Title (i.e., a 90-day tank or container) and is not a recycling unit under the requirements ofsection 371.1 (g) ofthis Title.

Note: The requirements ofsubdivisions (c) through (g) ofthis section apply
to process vents on hazardous waste recycling units previously exempt under section 371.1(g)(3)(i) ofthis Title. Otherexemptions under**sec~** rions 371.1(e) and 373-3.1(a) of this Title are not affected by these requirements. (3) The requirements ofthis section do not apply to the process vents at afacility where the facility owneroroperator certifies that all ofthe process vents that would otherwise be subject to this section are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CRF part 60, part 61, or part 63, as incorporated by reference in section 370.1(e) ofthis Title. The documentation ofcompliance underFederal regulations at40 CRF part 60, part 61, or part 63

as incorporatedby reference in section 370.l(e) ofthis Title, shallbe kept with, ormade readily available with, the facility operating record. (b) Definitions. As used in this section, all tenns shall have the meaning given them in section 373-2.27(b) ofthis Part, the EeL and Parts 370 through 374 oftbis Title.

(c) Standards: process vents. (1) The owner or operator of a facility with process vents associated with distillation, fractionation,**thin~film** evaporation, solvent extraction or air stream stripping operations managing hazardous wastes with organic concentrations atleast 10 ppmw shall either: y- (i) reduce total organic emissions from all affected process vents at the facility below 1.4 kglb (3 lblh) and 2.8 Mglyr (3. I tons/yr); or

(ii) reduce, by use ofa control device, total organic emissions from all affected process vents atthe facility by 95 weight percent. (2) 

### Ifthe owneroroperatorinstalls a**closed~vent** system and control deviceto comply with the provisions ofparagraph (1) ofthis subdivision, the close-vent system and control device must meet the requirements ofsubdivision (d) ofthis section.

(3) Determinations ofvent emissions and emission reductions or total organic compound concentrations achieved by**add~on** control devices may be based on engineering calculations

or perfonnance tests. 

### If performance tests are used to detennine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests must confonn with the requirements ofparagraph (e)(3) ofthis section.

(4) When an owner or operator and the commissioner do not agree on determinations of vent emissions and/or emissionreductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the test methods in paragraph (e)(3) ofthis section shall be used to resolve the disagreement. (d) Standards: closed-vent systems andcontroldevices.

(1) (i) Owners or operators of**closed~vent** systems and control devices used to comply with provisions ofthis Subpart shall comply with the provisions ofthis subdivision.

(ii) (a) The owner or operator ofan existing facility who cannot install a closed-vent system and control device to comply with the provisions ofthis section on the effective date that the facility becomes subject to the provisions of this section must prepare an implementation schedule thatincludes dates by which the closed-vent system and control device 

### mIl be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this section for installation and startup.

01-15-2002 6473 Conservation

### § 373-3.27 TlTLE6 ENVIRONMENTALCONSERVATlON

(b) 

### Any unit that begins operation after December 21, 1990, and is subject to the provisions ofthis section when operation begins, must comply with the rules immediately (i.e., musthave control devices installed and operating on startup ofthe affected unit); the**30~month** implementation schedule does not apply.

(c) (1) If an existing facility is already subject to 40 CFR 264.1033(a)(2)(iii) at the 

### time a State statutory or regulatory amendment renders the facility subject to this section, the requirements establishedunder40 CFR 264.1 033(a)(2)(iii), as incorporated by reference in section 370.1(e) ofthis Title, will apply. (2) 

### If an existing facility is not subject to 40 CFR 264.1033(a)(2)(iii) at the time a 

### State statutory or regulatory amendment renders the facility subject to this section, the

owner or operatorofthe facility in existence on the effective date ofthe State statutory

or regulatory amendment that renders the facility subject to this section shall comply with all requirements ofthis section as soon as practicable but no later than 30 months after the State amendment's effective date. When control equipment required by this section cannotbe installed and begin operationby the effective date ofthe amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: specific calendardates for award 

### ofcontracts orissuance of purchase orders forthe control equipment, initiation ofon-site installation ofthecontrol equipment, completion ofthe control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this section. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located atthe facility. (d) Owners and operators of facilities and units that become newly subject to the requirements ofthis section after December 8, 1997, due to an action other than those described in clause (c) ofthis subparagraph must comply with all applicable requirements immediately (i.e., musthave control devices installed and operating on the date thefacility

or unit becomes subject to this section; the 30-month implementation schedule does not apply). (2) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operatedto recoverthe organic vapors vented to it with an efficiency of95 weight percent or greater unless the total organic emission limits of subparagraph (c)(1)(i) of this section for all affected process vents can be attained at an efficiency less than 95 weight percent.

(3) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 

### 95 weight percentorgreater; to achieve a total organic compound concentration of20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to three percent oxygen; 

### or to provide a minimum residence time of 0.50 seconds at a minimum temperature of760°C. If a boiler or process heater is used as the control device, then the vent stream shall be introducedinto the flame combustion zone ofthe boiler orprocess heater.

(4) (i) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subparagraph (5)(i) ofthis subdivision, exceptfor periods notto exceed a total offive minutes during any two consecutive hours.

(ii) A flare shall be operated with a flame present at all times, as determined by the methods specified in clause (6)(ii)(c) ofthis subdivision.

(iii) 

### A flare shall be used only ifthe netheating value ofthe gas being combustedis 11.2 MJ/scm (300 Btu/seD or greater, ifthe flare is steam-assisted or air-assisted; or if the net heating value ofthe gas being combusted is 7.45 MJ/scm (200 Btu/set) orgreaterifthe flare is nonassisted. The net heating value ofthe gas being combusted shall be determined by the methods specifiedin subparagraph (5)(ii) ofthis subdivision.

(iv) (a) A steam-assisted or nonassisted flare shall be designed for and operated with


### an exit velocity, as detennined by the methods specified in SUbparagraph (5)(iii) ofthis

6474 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.27

subdivision, ofless than 18.3 mls (60 ftls), except as provided in clauses (b) and (c) ofthis subparagraph.

(b) 

### A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as detennined by the methods specified in subparagraph (5) (iii) ofthis subdivision. equal to orgreaterthan 18.3 mls (60 ftls) butless than 122 mls (400 ftls) is allowedif the net heating value ofthe gas being combusted is greaterthan 37.3 MJ/scrn (1,000 Blill sci).

(c) 

### A steam-assisted or nonassisted flare designed for and operated with 

### an exit velocity, as determined by the methods specified in subparagraph (5)(iii) ofthis subdivision, less than the velocity, Vmax' as detennined by the method specified in subparagraph (5)(iv) ofthis subdivision, and less than 122 

### mls (400 ftls) is allowed. (v) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, 

### Vma;>;., as detennined by the method specified in subparagraph (5)(v) of this subdivision.

(vi) A flare used to comply with this subdivision shall be steam-assisted,**air~assisted,** or nonassisted. (5) (i) Reference Method 22 in 40CFRpan60 (see section 370.1[eJ ofthis Title) shallbe used to detennine the compliance of a flare with the visible emission provisions of this section. The observation period is two hours and shall be used according to Method 22.

(li) The netheating value ofthe gas being combusted in a flare shall be calculated using the following equation:

01·15·2002 6474.1 Conservation

### CHAPTER IV QUALITY SERVICES 

### § 373-3.27

HT =: K x (summation (1=1 to n)(C i x Hi» where:

HT ::: Net heating value ofthe sample, MJ/scm; where the net entha;lpy per mole ofoffgas is based on combustion at 25°C and 760 nun Hg, butthe standard temperature for determining the volume corresponding to 1 mol is 20c

### e; K =: Constant, 1.74 x 10.7 (l/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20o

### e;

=: Concentration ofsample component i in ppm on a wetbasis. as measured for organics by

Reference Method 18 in 40 CPR part 60 (see section 370.1 [e

### Jofthis Title) and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporatedby reference as specified in section370.1[e] ofthis Title); and Hi =: Net heat ofcombustion ofsample component

### t, kcallg mol at25°C and 760 mm Hg. The heats of combustion may be detenmned using ASTM D**2382~83** (incorporated by reference as specified in section 370.1 [e

### Jofthis Title) ifpublished values are not available or cannot be calculated. 

### (iii) The actual exit velocity ofa flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 

### 60 (see section 370.1[eJ of this Title) as 

### appropriate, by theunobstructed (free) cross·sectional area ofthe flare tip.

(iv) The maximum allowed velocity in mis, Vmax' 

### for a flare complying with clause (4)(iv)(c) ofthis subdivision shall be determined by the following equation: Logto(Vmax) == (HT

### +28.8)/31.7
where:
H

T== The net heating value as determined in subparagraph (ii) ofthis paragraph. 28.8 == Constant 31.7 = Constant



### (v) The maximum allowed velocity in mis, Vmax' 

### for an air-assisted flare shall be determinedby the following equation:



### vmax == 8.706

### +0.7084 (HT) where:
8.706 == Constant 0.7084== Constant. HT== The net heating value as determined in subparagraph (ii) ofthis paragraph. 

### (6) The owner or operator shall monitor and inspect each control device required to comply withthis subdivision to ensureproperoperation and maintenance ofthe control device by implementing the following requirements: (i) Install, calibrate, maintain, and operate according to the manufacturer's specifications aflow indicatorthatprovides arecord ofvent stream flow from each affected process ventto the controldevice atleastonceeveryhour. Theflow indicatorshallbeinstalledinthe vent stream at the nearest feasible point to the control device inlet, but before being combined with other vent streams.

(li) 

### Install, calibrate, maintain, and operate according to the manufacturer's**specifica~** 

### tions adeviceto continuously monitor control device operation as specifiedbelow: (a) 

### Forathermal vaporincinerator, atemperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of±l percent ofthe temperature being monitored in degrees C or ±O.5°C, whichever is greater. The temperature sensor shall be 

### installed at a location in the combustion chamberdownstream ofthe combustion

zone.

(b) 

### Foracatalytic vaporincinerator, atemperaturemonitoring deviceequipped with a continuous recorder. The device shall be capable of monitoring temperature at 

### two locations and have an accuracy of ±l percent of the temperature being monitored in

11-15-99 6475 Conservation

### § 373-3.27 TITLE 6 ENVIRONMENTAL CONSERVATION

degrees Celsius or

### ±O.soC, whicheveris greater. One temperature sensor shall be installed 

### in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installedin the vent stream atthe nearest feasible point to the catalystbed outlet. (c) For a flare, aheat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition ofthe pilot flame.

(d) For a boiler or process heater having a design input heat capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device 

### shall have an accuracy of ±l percent of the temperature being monitored in degrees Celsius or ±O.5°C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream ofthe combustion zone.

(e) For a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used. (j) For a condenser, either:

(1) a monitoring device equipped with a continuous recorder to measure the concep,tration level of the organic compounds in the exhaust vent stream from the condenser; or

(2) a temperature monitoring device equipped with a continuous recorder. The device shallbe capable ofmonitoring temperature with an accuracy of±1 percentofthe temperature being monitored in degrees Celsius (degrees C) or ±O.5°C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenserexit (i.e.• product side). (g) For a carbon adsorption system such as a fixed-bed carbon adsorberthat regenerates the carbonbed directly in the control device, either: (1) a monitoring device equipped with a continuous recorder 

### to measure the concentration level ofthe organic compounds in the exhaust vent stream from the carbon bed; or

(2) a monitoring device equipped with a continuous recorder, to measure aparameterthatindicates the carbonbed is regenerated on aregular, predetermined time cycle. (iii) Inspectthe readings fromeach monitoring device required by subparagraphs (i) and (ii) ofthis paragraph atleastonce each operating day to check control device operation and, ifnecessary, immediately implementthe corrective measures necessary to ensure the control device operates in compliance with the requirements ofthis subdivision. (7) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber thatregenerates the carbonbed directly onsite in the control device, shall replace the existing carbonin the control device withfresh carbon at aregular, predeterminedtime interval that is no longer than the carbon service life established as a requirement of subclause (f)(2)(iv)(c)(6) ofthis section.

(8) An owner or operator using a carbon adsorption system such as a carbon canisterthat does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one ofthe following procedures: (i) Monitorthe concentration level ofthe organic compounds in the exhaustvent stream from the carbon adsorption system on·a regular schedule and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent ofthe time required to

consume the 

### total carbon working capacity established as a requirement of subclause (f)(2)(iv)(c)(7) ofthis section, whicheveris longer,

(ii) Replace the existing carbon with fresh carbon at a regular, predetermined time interval thatis less than the design carbonreplacementinterval established as a requirement ofsubclause (f)(2)(iv)(c)(7) ofthis section,

6476 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 373-3.27

(9) 

### An owner or operator ofan affected facility seeking to comply with the provisions of this Subpart by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, orcarbon adsorption system is required to develop documentation including sufficient information to describe the control device opera

### tion and identify the process parameter or parameters that indicate proper operation and maintenance ofthe control device.

(10) A**closed~vent** system shall meet eitherofthe 

### fonowing design requirements:

(i) A**closed~vent** 

### system shall be designed to operate with no detectable emissions, as indicated by an instrument reading ofless than 500 ppmv above background as determined by the procedure in paragraph (e)(2) ofthis section, and by visual inspections.

(ii) 

### A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating. (11) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure properoperation and maintenance ofthe closed-vent system by implementing the following requirements: (i) Each closed-vent system that is used to comply with suhparagraph (l0)(i) of this subdivision shall beinspected andmonitoredin accordance with the following requirements: (a) An initial leak: detection monitoring ofthe closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this subdivision The owner oroperator shall monitorthe closed-vent systemcomponents and connections using the procedures specified in paragraph (e)(2) ofthis section to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by


### an instrumentreading ofless than 500 ppmv above background.

(b) Afterinitial leak detection monitoring required in clause (a) ofthis SUbparagraph, the owner oroperator shall inspect and monitorthe closed-vent system as follows: (1) Closed-vent systemjoints, seams, orotherconnections that are pennanently or semi-permanently sealed (e.g., a weldedjoint between two sections ofhard piping or a bolted and gasketed dueting flange) shall he visually inspected at leastonce peryearto check for defects that could result in air pollutant emissions. The owner 

### or operator shall monitor a component or connection using the procedures specified in paragraph (e)(2) of this section to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section ofdamaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).

(2) Closed·vent system components or connections other than those specified in subclause (1) ofthis clause shall be monitored annually and at othertimes 

### as requested by the commissioner, except

### as providedfor in paragraph (14) ofthis subdivision, using the procedures specified in paragraph (e)(2) of this section to demonstrate that the components orconnections operate with no detectable emissions. (c) In the event that a defect orleak is detected, the owneror operator shall repairthe defect orleakin accordance with the requirements ofsubparagraph (iii) ofthis paragraph.

(d) The owneroroperator shall maintain arecord ofthe inspection and monitoring in accordance with the requirements specifiedin subdivision (1) ofthis section. (ii) Each**closed~vent** system that is used to comply with subparagraph (10)(ii) of this subdivision shall be inspected and monitoredin accordance with the following requirements: (a) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result 

### in airpollutant emissions. Defects include, but 

### are not limited to, visible cracks, holes, orgaps in ductwork 

### orpiping 

### or loose connections.

10-31-98 

### 6477 Conservation

### § 373-3.27 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) 

### The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owneroroperator shall perform the inspections at least once every year.

(c) In the eventthat a defect orleak is detected, the owneroroperator shall repairthe defectin accordance 

### with the requirements ofsubparagraph (iii) ofthis paragraph.

(d) The owneroroperator shall maintain arecord ofthe inspection and monitoring in accordance 

### with the requirements specified in subdivision (f) ofthis section. (iii) The owner or operator shall repair all detected defects as follows:

(a) 

### Detectable emissions, as indicated by 

### visual inspection, or by 

### an instrument reading greaterthan 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendardays after the emission is detected, except as provided for in clause (c) ofthis subparagraph. (b) A first attempt at repair shall be made no later than five calendar days after the emission is detected.

(c) Delay of repair of a closed-vent system for which leaks have been detected is allowed ifthe repair is technically infeasible without a process unit shutdown, or ifthe

owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay ofrepair. Repair of such equipment shall be completedby the end ofthe nextprocess unit shutdown.

(d) The owner or operator shall maintain a record ofthe defect repair in accordance with the requirements specified in subdivision (f) ofthis section. (12) Closed-vent systems and control devices used to comply with provisions of this section shall be operated at all.times when emissions may be vented to them.

(13) The owner or operator using a carbon adsorption system to control air pollutant emissions shall documentthat all carbonthatis ahazardous waste and thatis removedfrom the control device is managed in one ofthe following manners, regardless ofthe average volatile organic concentration ofthe carbon: (i) Regenerated or reactivated in a thermal treatment unit that meets one ofthe following: (a) The owner or operator of the unit has been issued a final permit under Subpart

373-1 ofthis Part which implements the requirements ofsection 373-2.24 ofthis Part or for a unit not located in New York State, under authority from 40 CFR part 270 which implements the requirements of40 CFR 264 subpart X, or equivalent authority. (b) The unit is equipped with and operating air emission controls in accordance with the applicable requirements ofeitherthis section and section 373-3.29 ofthis Subpart or sections 

### 373-2.27 and 

### 373-2.29 ofthis Part.

(c) The unitis equipped with and operating airemission controls in accordance with a national emission standard for hazardous air pollutants under 40 CPR part 61 or 40 CPR part63l}S incorporated by reference in section 370.l(e) ofthis Title. (ii) Incineratedin a hazardous waste incinerator for which the owneror operatoreither:

(a) has been issued afinal permit under Subpart 373-1 ofthis Part which implements the requirements ofsection 373-2.15 ofthis Part or for a unit not located in New York State, under authority from 40 CFR part 270 which implements the requirements of40 CFR 264 subpartX, or equivalent authority; or

(b) has designed and operates the incinerator in accordance with the interim status requirements ofsection 373-3.15 ofthis Subpart. (iii) Burned in a boilerorindustrial furnace for which the owner oroperator either:

(a) has been issued a final permitunder Subpart 373-1 ofthis Part which implements the requirements of section 374-1.8 ofthis Title or for a unit not located in New York State, under authority from 40 CFR part 270 which implements the requirements of40 CFR 264 subpart X, orequivalent authority; or

6478**Con~ation** 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-3.27

(b) has designed and operates the boiler or industrial furnace in accordance with the interim status requirements ofsection 374-1.8 ofthis Title. (14) Any components ofa closed-vent systemthat are designated, as described in subpara

### graph (f)(3)(ix) of this section, as unsafe to monitor are exempt from the requirements of subclause (II)(i)(b)(2) ofthis subdivision if: (i) the owner or operator ofthe closed-vent system determines that the components of 

### the closed-vent system are unsafe to monitor because monitoring personnel would be exposedto an immediate danger as a consequence ofcomplying with subclause (ll)(i)(b)(2) ofthis subdivision; and

(li) 

### the owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in subclause (l 1)(i)(b)(2) ofthis subdivision as frequently as practicable during safe-to-monitor times. (e) 

### Testmethodsandprocedures. (1) Each owneroroperator subjectto the provisions of this section shall comply with the test methods and procedures requirements provided in this subdivision.

(2) When a closed-vent system is tested for compliance with no detectable emissions, as required inparagraph (d)(11) ofthis section, the test shall comply with the following requirements: (i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60 (see section 370.I[e] oftbis Part).

(ii) The detection instrument shall meet the performance criteria ofReference Method 

### 2L

(iii) The instrument shall be calibrated before use on each day ofits use by the procedures specified in Reference Method 21.

(iv) Calibration gases sball be:

(a) zero air (less tban 

### 10 ppm ofhydrocarbon 

### in air); (b) amixture ofmethane orn-hexane and air at aconcentration ofapproximately, but less than, 10,000ppm methane or n-hexane. (v) Thebackground level shall be detenmned as set forth in Reference Method 21. (vi) The instrumentprobe shall be traversed around all potential leakinterfaces as close to the interface as possible as describedin Reference Method 21. (Vii) The arithmetic difference between the maximum concentration indicated by the instrument and the backgroundlevel is compared with 500ppmfor determining compliance. (3) Performance tests to determine compliance with paragraph (c)(1) of this section and with the total organic compound concentration limit ofparagraph (d)(3) of this section shall comply with the following: (i) perfonnancetests to determine total organic compoundconcentrations and massflow rates entering and exiting control devices shall 

### be conducted and datareduced in accordance with the following reference methods and calculation procedures: (a) Method 2 in 40 CFR part 60 (see section 370.I[e] oftbis Title) for velocity and volumetric flow rate.

(b) Method 18 in 40 CFR part 60 (see section 370.I[eJ of this Title) for organic content.

(c) Each performance test shall consist ofthree separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unitis operating atthe highestload orcapacity level reasonably expectedto occur. Forthe purpose ofdetennining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a timeweighted basis.

10-31-98 6479 Conservation

### § 373-3.27 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) 

### Total organic mass flow rates shall be detennined by 

### the following equation:

Eh ::::: Qsd x (summation{i:::::l to n }(CtMWj

### » x (0.0416) x 00"6)

where:

Eh :=Total organic mass flow rate, kglh; Qsd ::::: Volumetric flow rate ofgases entering orexiting control device, as detenmned by Method 2, dscmlh;

n:. Numberoforganic compounds in the vent gas; Cj = Organic concentration in ppm, dry basis, ofcompound i in the vent gas, as detenninedby Method 18; MWi := Molecularweight oforganic compound i in the vent gas, kglkg-mol; 0.0416 = Conversion factor for molar volume. kg-mol/m3 (@ 293 K and 760 mm Hg); 10.6 := Conversion from ppm, ppm-I.

(e) 

### The annual total organic emission ratc shall be 

### determined by 

### the following equation:

EA

### =(Eb)(H)

where:

EA := Total organic mass emission rate, kgly; Eb = Total organic mass flow rate for the process vent, kglh; H ::::: Total annual hours ofoperations for the affected unit, h.

if) 

### Total organic emissions from all affected process vents at the facility shall be determinedby summing the hourly total organic mass emissionrates (Eh, 

### as detenninedin clause 

### td] ofthis subparagraph) and by summing the annual total organic mass emission rates (EA, 

### as determined in clause [e] 

### ofthis subparagraph) for all affected vents at the facility, (ii) The owneroroperator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall notconstitute representative conditions forthe purpose ofa performance test. (iii) The owner oroperatorofan affectedfacility shall provide, orcauseto be provided, performance testing facilities as follows: (a) 

### sampling ports adequate for the test methods specified in subparagraph (i) 

### ofthis paragraph; (b) 

### safe sampling platform(s); (c) 

### safe access to sampling platform(s); and (d) 

### utilities for sampling and testing equipment. (iv) For the purpose ofmaking compliance determinations, the time-weighted average ofthe results ofthe three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, orothercircumstances beyondthe owneroroperator's control, compliance may, upon the commissioner's approval, be determined using the average ofthe results ofthe two otherruns. (4) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solventextraction, or

### airor steam stripping operation is not subject to the requirements ofthis section, the owner or operator must make an initial determination that thetime-weighted, annual average total organic concentrationofthe waste managedby the waste management unit is less than 10 ppmw using one ofthe following two methods: (i) Direct measurement ofthe organic concentration of the waste using the following procedures:

6480

.Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 

## 373-3.27

(a) 

### The owner or operator must take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to

cause the maximum waste organic concentration. (b) 

### For waste generated ansite, the grab samples must be collected at a point beforc' the waste is exposedto the atmosphere, such as in an enclosedpipe orotherclosed system thatis usedto transferthe waste aftergenerationto the first affected distillation fractionation,**thin~film** 

### evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples must be collected at the inlet to the first waste management unit that receives the waste, provided the waste has been transferred to the facility in a closed system such as a tank 

### truck and the waste is not diluted or mixed with other waste. (c) 

### Each sample shall be analyzed and the total organic concentration ofthe sample shall be computed using Method 9060 or 8260 of SW-846 (incorporated by reference under section 370.l[e] ofthis Title). (tf) 

### The arithmetic mean ofthe results ofthe analyses ofthe four samples shall apply for each waste stream managed in the unit in determining the**time~weighted,** 

### annual average total organic concentration of the waste. The time-weighted average is to be calculatedusing the annual quantity ofeach Waste stream processed andthe mean organic concentration ofeach waste stream managedin the unit. (li) 

### Using knowledge ofthe waste to determine thatits total organic concentrationis less than 10 ppmw. Documentation ofthe waste determination is required. Examples ofdocumentationthat shall be used to 

### support adetermination underthis provision include production process infonnation documenting thatno organic compounds are used, informationthat the waste is generatedby aprocess thatis identicalto aprocess atthe same oranotherfacility that has previously beeu.""demonstrated by direct measurement to generate a waste stream having a total organic contentless than 10 ppmw, or prior speciation analysis results on the

same waste stream where it can also be 

### documented thatno process changes have occurred sincethat analysis that could affect the waste total organic concentration. (5) The determination that distillation fractionation,**thin~film** 

### evaporation, solvent**extrac~** 

### tion, or air

### or stream stripping operations manage hazardous wastes withtime-weighted annual average total organic concentrations less than 10ppmw shallbe made as follows: (i) by the effective date thatthe facility becomes subjectto the provisions ofthis section

or by the date when the waste is first managed in a waste management unit, whichever is later; and

(ii) 

### for continuously generatedwaste, annually; or (iii) 

### whenever there is a change in the waste being managed or a change in the process thatgenerates ortreats the waste. (6) When an owner or operator and the commissioner do not agree on whether a distillation, fractionation,**thin~film** 

### evaporation, solventextraction, or air

### or steam stripping operation manages a hazardous waste with organic concentrations ofatleast 10 ppmw based on**knowl~** 

### edge ofthe waste, the procedures inMethod 8260ofSW-846 (incorporatedbyreference under section 370.1 [e] ofthis Title) may be usedto resolve the dispute. (f) 

### Recordkeeping requirements.

(1) (i) 

### Each owneroroperator subjectto the provisions ofthis section shall comply with the recordkeeping requirements ofthis subdivision.

Oi) An owneroroperatorofmore than one hazardous waste managementunit subjectto the provisions of this section may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by eachhazardous waste management unit. (2) Owners and operators must record the following information in the facility operating record:

ll-t5-99 6481 Conservation

### § 373-3.27 TITLE 6 ENVIRONMENTAL CONSERVATION



### (i) For facilities that comply with the provisions of subparagraph (d)(l)(ii) of this section, an implementation schedule thatincludes dates by which the 

### closedMvent system and control device will 

### be installed and in operation. The schedule must also include a rationale ofwhy the installation cannotbe completed at an earlierdate. The implementation schedule mustbe in the facility operating record by the effective date thatthe facility becomes subject to the provisions ofthis section.

(ii) Up-ta-date documentation ofcompliance 

### with the process vent standards in subdivision (e) ofthis section, including: (a) infonnation and dataidentifying all affected process vents, annual throughput and operating hours ofeach affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., thetotal emissions for all affected vents atthefacility), and the approximate location within the facility ofeach affected unit (e.g.• identify the hazardous waste management units on a facility plot plan); and

(b) information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or
sourcetests. Forthe purpose ofdeterminingcompliance, determinations ofvent emissions must 

### be made using operating parameter values (e.g., temperature, flow rates or vent stream organic compounds and concentrations) thatrepresentthe conditions thatresult in maximum organic emissions, such as when the waste managementunitis operating atthe highestload orcapacity level reasonably expected to occur. 

### Ifthe owneroroperatortakes any action (e.g., managing a waste ofdifferent composition orincreasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affectedprocess vents atthe facility, then a new determination is required. (iii) Where an owner or operator chooses to use test data to determine the organic removal efficiency ortotal organic compound concentration achieved by the control device,

a performance test plan. The test plan mustinclude: (a) a description ofhow itis determined thatthe plannedtestis goingtobe conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic contentofeach vent stream and define the acceptable operating ranges ofkey process and control device parameters during the testprogram;

(b) a detailed engineering description ofthe closed-vent system and control device including: (1) manufacturer's name and model number ofcontrol device; 

### (2) type ofcontrol device; (3) dimensions ofthe control device; 

### (4) capacity; and (5) construction materials; (c) a detailed description ofsampling and monitoring procedures, including sampling and monitoring locations, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis. (iv) Documentation ofcompliance with subdivision (d) ofthis section shall include the following information: (a) A list ofall information references and sources used in preparing the documentation. (b) 

### Records. including the dates, of each compliance test required by paragraph (d)(10) ofthis section.

(c) 

### If engineering calculations are used, a design analysis, specifications. drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of 

### "APT! Course 415: Control ofGaseous Emissions" (incorporated by reference as specified 

### in section 370.1[e] of this Title) or other engineering texts acceptable to the

6482 Conservation 11-l5-99CHAPTER IV QUALITY SERVICES 

### § 373-3.27

commissioner that present basic control device design infonnation. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subclauses (1) through (7) ofthis clause may be used to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in this subparagraph. (1) 

### For a thennal vapor incinerator,the design analysis shall consider the vent stream composition. constituentconcentrations, and flow ratc. The 

### design analysis shall also establishthe design minimum and average temperature in the combustion zone and the combustion zone residence time. 

### (2) For a catalytic vapor incinerator, the design analysis shall consider the vent streamcomposition, constituentconcentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet (3) For aboilerorprocess heater, the design analysis shall considerthe vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.

(4) For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in paragraph (d)(4) ofthis section.

(5) Fora condenser, the design analysis shall considerthe vent streamcomposition, constituent concentrations, flow rate, relative hUmidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature ofthe condenser exhaust vent stream, and design average temperatures ofthe coolantfluid atthe condenserinlet and outlet.

(6) For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establishthe design exhaustvent stream organic compound concentration level, number and capacity ofcarbon beds, type and working capacity ofactivated carbon used forcarbonbeds, designtotal steamflow over the period ofeach complete carbon bed regeneration cycle, duration ofthe carbon bed steaming and cooling/drying cycles, design carbon bed temperature afterregeneration, design carbon bedregeneration time, and design service life ofcarbon.

(7) For a carbon adsorption system such as a carbon canisterthat does notregenerate the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbonbed, and design carbonreplacementinterval based on the total carbon working capacity ofthe control device and source operating schedule. (d) A statement signed and dated by the owner or operatorcertifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste managementunitis orwouldbe operating atthe highestload or capacity reasonably expected to occur.

(e) A statement signed and dated by the owner or operatorcertifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentrationlimit ofparagraph (c)(l) ofthis section is achieved at an efficiency less than 95 weight percent orthe total organic emission limits ofparagraph (c)(l) ofthis section for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement

10-31-98 6483 Conservation

### § 

### 373-3.27 TTILE6 ENVIRONMENTAL CONSERVATION

provided by the control device manufacturer or vendor certifying that the control**equip~** mentmeets the design specifications may be used to comply 

### with this requirement.

if) Ifperformance tests are used to demonstrate compliance, all tcstresults. (3) Design documentation and monitoring, operating, and inspectioninformation for each closed-vent system and control device required to comply 

### with the provisions ofthis Subpart shall be recorded and kept up-to-date in the facility operating record. The information shall include: (i) Description and date ofeach modification that is made to the closed-vent system or control device design,

(ii) Identification ofoperating parameter, description ofmonitoring device, and diagram ofmonitoring sensor location or locations used to comply with subparagraphs (d)(6)(i) and (ii) ofthis section.

(iii) Monitoring, operating and inspection infonnation required by paragraphs (d)(6) through (11) ofthis section.

(iv) Date, time, and duration of each period that occurs while the control device is operating when any monitored parameterexceeds the value establishedin the control device design analysis as specified below: (a) For a thermal vapor incinerator designed to operate with a minimum residence time of0.50 seconds at a minimum temperature of760°C, period when the combustion temperature is below 760°C.

(b) For a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of95 percent or greater, period when the combustion zone**tempera~** ture is more than 28°C below thedesign averagecombustion zonetemperature established

as a requirement ofsubclause (2)(iv)(c)(l) ofthis subdivision.

(c) For a catalytic vaporincinerator, period when:

(1) temperature ofthe vent stream at the catalystbed inlet is more than 28 degrees Celsius below the average temperature ofthe inlet vent streamestablished as arequirement ofsubclause (2)(iv)(c)(2) ofthis subdivision; or

(2) temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement of subclause (2)(iv)(c)(2) ofthis subdivision. (d) For aboilerorprocess heater, period when:

(1) flame zone temperature is more than 28°C below the design average flame zone temperature established as a requirement ofsubclause (2)(iv)(c)(3) ofthis subdivision;

or (2) position changes where the vent stream is introduced to the combustion zone from the location established as arequirement ofsubclause (2)(iv)(c)(3) ofthis subdivision; (e) for a flare, period when the pilotflame is not ignited; (j) for a condenserthat complies with subclause (d)(6)(ii)(j)(1) ofthis section, period when the organic compound concentration level orreadings oforganic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement of subclause (2)(iv)(c)(5) ofthis subdivision;

(g) for a condenserthat complies with subclause (d)(6)(ii)(f)(2) ofthis section, period when: (1) temperature of the exhaust vent stream from the condenser is more than 6 degrees Celsius above the design average exhaust vent stream temperature established

as a requirement ofsubclause (2)(iv)(c)(5) ofthis subdivision; or

6484 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-3.27

(2) temperature of 

### the coolant fluid exiting the condenser is morc than 6 degrees Celsius above the design average coolant fluid temperature at the condenser outlet established as a requirement ofsubclause (2)(iv)(c)(5) ofthis subdivision; (h) 

### for a carbon adsorption system such as a fixed·bed carbon adsorher that regener

### ates the carbon bed directly ansite in the control device and complies with 

### subclause (d)(6)(ii)(g)(l) of

### this section, period when the organic compound concentration level or readings oforganic compounds in the exhaust vent stream from the carbon bed are more than 

### 20 percent greaterthan the design exhaustvent streamorganic compound concentra

### tion level established as arequirement ofsubclause (2)(iv)(c)(6) ofthis subdivision; (i) 

### for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device and complies with subclause (d)(6)(ii)(g)(2) oftrus section, period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement ofsubclause (2)(iv)(c)(6) ofthis subdivision. (v) Explanation for each period recorded under subparagraph (iv) ofthis paragraph of the cause for control device operating parameter exceeding the design value and the measures implemented to correctthe control device operation.

(vi) For carbon adsorption systems operated subject to requirements specified in paragraph (d)(7) or SUbparagraph (d)(8)(ii) of this section, date when existing carbon in the control device is replaced with fresh carbon.

(vii) For carbon adsorption systems operated subject to requirements specified in subparagraph (d)(8)(i) ofthis section, a log that records: (a) 

### date and time when control device is monitored for carbon breakthrough and the monitoring device reading;

(b) 

### date when existing carbon in the control device is replaced with fresh carbon; (viii) date ofeach control device startup and shutdown. (ix) An owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to paragraph (d)(14) ofthis section shall record in a log that is keptinthe facility operatingrecord the identification ofclosed-ventsystemcomponents that

are designated as unsafeto monitorin accordance withthe requirements ofparagraph (d)(14) of this section, an explanation for each closed-vent system component stating why. the closed-ventsystemcomponentisunsafeto monitor, andthe plan formonitoring eachc1osedvent system component.

(x) When each leak is detected as specified in paragraph (d)(ll) of this section, the following information shall be recorded: (a) 

### the instrument identification number, the closed-vent system component identification number, and the operator name, initials, oridentification number;

(b) 

### the date the leak was detected and the date offirst attemptto repair the leak; (c) 

### the date ofsuccessful repair ofthe leak; (d) 

### maximuminstrument reading measured by Method 21 of40 CFRpart 60, appendix A as incorporatedby reference in section 370.1 (e) ofthis Title, afteritis successfully repaired or determinedto be nonrepairable; and (e) 

### "repair delayed" and the reason for the delay ifa leak is not repaired within 15 calendardays after discovery ofthe leak. (1) 

### The owner or operator may develop a written procedure that identifies the conditions thatjustify adelay ofrepair. In such cases, reasons fordelay ofrepairmay be documented by citing the relevant sections ofthe written procedure.

(2) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.

01-15-2002 6485 Conservation

### § 373-3.27 TITLE 6 ENVIRONMENTAL CONSERVATION



### (4) Records ofthe monitoring, operating, and inspection information required by 

### subparagraphs (3)(iiO through (x) ofthis subdivision shall be maintained by 

### the owner or operator at least three years following the date ofeach occurrence, measurement, maintenance, corrective action, or record,



### (5) Fora control device otherthan a thermal vaporincinerator, catalytic vaporincinerator, flare, boiler, process heater, condenser, orcarbon adsorption system, monitoring andinspection 

### information indicating proper operation and maintenance of the control device must be recordedin the facility operating record,

(6) Up-ta-date information and data used to determine whether or not a process vent is subject to 

### the requirements in subdivision (c) ofthis section including supporting**documenta~** 

### tion as requiredby subparagraph (e)(4)(ii) 

### ofthis section when application ofthe knowledge of the nature ofthe hazardous waste stream orthe process by whichit was produced is used, shall be recorded in a log thatis kept in the facility operating record.

Historical Note Sec. filed Nov. 15, 1994; amds. filed: Sept. 20, 1996; Sept. 29, 1998; Nov. 4,1999; Jan. 14, 2002 eff. 60 days after filing. Amended (a), (d)(l)(ii). 

### § 373

..3.28 Air emission standards for equipmentleaks.

(a) 

### Applicability. (1) 

### The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 373-3.1(a] ofthis Subpart).

(2) Except as provided in paragraph (0)(11) ofthis section, this section applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weightthat are managedin one ofthe following: (i) aunit that is subjectto the pennitting requirements ofSubpart**373~** 

### 1 ofthis Part; or (ii) a unit (including a hazardous waste recycling unit) J,J:mt is not exempt from permitting under the provisions of section 372.2(a)(8)(ii) of this Title (i.e., 

### a hazardous waste recycling unit thatis not a 90-day tank orcontainer) andthat is located at ahazardous waste management facility otherwise subject to the pennitting requirements of Subpart 373-1 of this Title; or

(iii) aunit thatis exemptfrom permitting underthe provisions ofsection 372.2(a)(8)(ii) ofthis Title 

### (i.e., a 90-day tank orcontainer) and is not arecycling unitunderthe provisions ofsectioo 37

### l.l(g) ofthis Title. (3) Eachpiece ofequipmentto whichthis section applies shall be markedin such amanner that itcan be 

### distinguished readily from otherpieces ofequipment.

(4) Equipmentthatis in vacuum serviceis excluded from the requirements ofsubdivisions (c) through (k) ifitis identified as requiredin subparagraph (0)(7)(v) ofthis section.

(5) Equipmentthat contains orcontacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of subdivisions (c) through (k) of this section if it is identified as required in subparagraph (0)(7)(vi) ofthis section.

Note: The requirements ofsubdivisions (c) through (0) ofthis section apply
to equipment associated with hazardous waste recycling units previously exempt under section 371.1(g)(3)(i) of this Title. Other**exemp~** tions under sections 371.l(e) and 373-3.l(a) ofthis Title are not affected by these requirements. 

### (b) 

### Definitions. As used in this section, all terms shall have the meaning given them in section 373-2.27(b) oftbis Part, the EeL 

### and Parts 370-374 and 376 ofthis Title.

(c) 

### Standards: pwnps 

### in light liquidservice.

(1) 

### (i) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph (n)(2) ofthis section, except as provided in paragraphs (4) through (6) ofthis subdivision.

6486 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

## 373-3.28

(ii) 

### Each pump in light liquid service shall be checked by 

### visual inspection each calendar week for indications ofliquids dripping from the pump seal. (2) (i) 

### Ifan instrumentreading of 10,000ppmor greateris measured. a leak is detected.

(ii) 

### Ifthere are indications ofliquids dripping from the pump seal, a leak is detected. (3) (i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendardays afteritis detected, exceptas provided in subdivision (j) ofthis section.

(ii) A fIrst attempt at repair (e.g" tightening the packing gland) shall be made no later than five calendardays aftereach leak is detected. (4) Each pump equipped with a dual mechanical seal system that includes a barner fluid system is exempt from the requirements of paragraph (1) of this subdivision, provided the following requirements are met: (i) each dual mechanical seal system mustbe:

(a) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or (b) equipped with a barrier fluid degassing reservoir that is connected by a closedvent system toa control device thatcomplies with the requirements ofsubdivision (k) of this section; or

(c) equipped with a systemthatpurges the barrierfluid into ahazardous waste stream with no detectable emissions to the atmosphere. (ii) The barrierfluid system must notbe a hazardous waste with organic concentrations 10percent orgreaterby weight.

(iii) Each barrierfluid system mustbe equipped with a sensorthat will detect failure of the seal system, the barrierfluid system orboth.

(iv) Each pump must be checked by visual inspection, each calendar week, for indications ofliquids dripping from the pump seals.

(v) (a) Each sensor as descrihed in subparagraph (iii) of this paragraph must be checked daily or be equipped with an audible alarm that must be checked monthly to

ensure that itis functioning properly.

(b) The owner or operator must determine, based on design considerations and operating experience, a criterion that indicates failure ofthe seal system, the barrier fluid system, orboth. (vi) (a) 

### If there are indications ofliquids dripping from the pump seal or the sensor indicates failure ofthe seal system, the barrierfluid system, orbothbased on the criterion determined in clause (v)(b) ofthis paragraph, a leak is detected.

(b) When a leak is detected, 

### it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subdivision G) of this section.

(c) A ftrst attempt atrepair (e.g., relapping the seal) shall be made no later than ftve calendar days after eachleak. is detected. (5) Any pump thatis designated, as describedin subparagraph (0)(7)(ii) ofthis section, for

no detectable emissions, as indicated by an instrument reading ofless than 500 ppm above background, is exemptfrom the requirements ofparagraphs (I), (3), and (4) ofthis subdivision ifthe pump meets the following requirements: (i) Musthave no externally actuated shaftpenetrating the pump housing. (li) Must operate with no detectable emissions as indicated by an instrumentreading of less than 500 ppm above background as measured by the methods specified in paragraph (n)(3) ofthis section.

(iii) Must be tested for compliance with subparagraph (ii) of this paragraph initially upon designation, annually, and at othertimes as requested by the commissioner.

11-15-99 

### 6487 Conservation

### § 

## 373-3.28 TlTLE6 ENVIRONMENTAL CONSERVATION

(6) 

### Ifany pump is equipped with aclosed-vent system capable ofcapturing and transporting any leakage from the seal or seals to acontrol device thatcomplies with therequirements of subdivision (k) ofthis section, itis exemptfrom the requirements ofparagraphs (1) through (5) ofthis subdivision. Cd) 

### Standards: compressors. (1) Each 

### compressor shall be equipped 

### with a seal system 

### that includes a barrier fluid system that 

### prevents leakage of total organic emissions to the atmosphere, except as provided in paragraphs (8) and (9) ofthis subdivision.

(2) Each compressor seal system as required in paragraph (1) ofthis subdivision shall be:

(i) 

### operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or

(ii) equipped with a barrier fluid system that is connected by a closedMvent system to a control device that complies with the requirements ofsubdivision (k) ofthis section; or

(iii) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere. (3) The barrierfluid mustnotbe a hazardous waste with organic concentrations 10percent

or greaterby weight.



### (4) Eachbarrierfluid system as describedinparagraphs (1) 

### through (3) ofthis subdivision shall 

### be equipped with a sensorthat will detect failure ofthe seal system, barrier fluid system,

orboth.

(5) 

### (i) Each sensoras requiredinparagraph (4) 

### ofthis subdivision shallbecheeked daily

or shall be equipped with an audible alarm that mustbe checked monthly to ensure that itis functioning properly unless the compressor is located within the boundary of

### an unmanned plant site, in which case the sensor must 

### be checked daily.

(ii) Theowneroroperator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal sY,stem,the barrier fluid system or 

### both. (6) 

### Ifthe sensorindicates failure ofthe seal system, the barrierfluid system, orbothbased

on the criterion detennined under subparagraph (5)(ii) ofthis subdivision, a leak is detected.

(7) (i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendardays afteritis detected, except

### as providedin subdivision (j) ofthis section.



### (ii) A flrst attempt aI repair (e.g

.. 

### tightening the packing gland) shall be made no later than five calendar days aftereach leak is detected. 

### (8) A compressor is exempt from the requirements of paragraphs (1) 

### and (2) of this subdivision ifit is equipped with a closed-vent system capable ofcapturing and transporting anyleakage fromthe seal to acontrol devicethatcomplies with the requirements ofsubdivision (k) ofthis section, except 

### as provided in paragraph (9) ofthis subdivision.



### (9) Any compressor that is designated, as described in subparagraph (o)(7)(ii) of this section, for no detectable emission 

### as indicatedby 

### an instrumentreading ofless than 500 ppm 

### ahove background, is exempl from the requirements of paragrapbs (1) through (8) of this subdivision ifthe compressor: (i) is determined to be operating with no detectable emissions, as indicated by 

### an instrument reading of less than 

### 500 ppm above background, as measured by the method 

### specifled in paragraph (n)(3) ofthis section; and

(ii) is tested for compliance with subparagraph (i) of lhis paragraph initially upon designation, annually, and at othertimes 

### as requested by the commissioner. (e) 

### Standards: pressure reliefdevices in gas/vapor service. (1) Except during pressure releases, each pressure reliefdevice in gas/vapor service shall be operated with no detectable emissions, as indicated by 

### an instrument reading ofless than 500 ppm above background, as 

### measuredby the method specifled in paragraph (n)(3) ofthis section.

(2) (0 After each pressure release, the pressure relief device shall be returned to a condition ofno detectable emissions, as indicatedby an instrument reading ofless than 

### 500

6488 Conservation II-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.28

ppm above background, as soon as practicable, butno laterthan five calendardays aftereach pressure release, except as provided in subdivision (j) ofthis section. (ii) No later than five calendar days afterthe pressure release, the pressure reliefdevice 

### shall be monitored to 

### confirm the condition ofno detectable emissions. as indicated by 

### an instrument reading ofless than 500 ppm above background, as measured by 

### the method specified in paragraph (n)(3) ofthis section. 

### (3) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device, as described in subdivision (k) ofthis section, is exempt from the requirements ofparagraphs (1) 

### and (2) ofthis subdivision. (f) 

### Standards: sampling connecting systems. (1) 

### Each sampling connection system shall be equipped with a**closed~purge, closed~loop**  

### or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample container are not required to be collected or captured.

(2) Each**closed~purge, c1osed~loop**  

### or**c1osed~vent** 

### system as required in paragraph (1) 

### of this subdivision shall: (i) return the purged process fluid directly to the process line; (ii) collectandrecycle the purged process fluid; or (iii) be designed and operated to capture and transport all the purged process fluid to a waste management unit that complies with the applicable requirements of section 373-3.29(f) through (h) of this Subpart or a control device that complies with the requirements ofsubdivision (k) 

### ofthis section. 

### (3) In situ sampling systems and sampling systems without purges are exempt from the requirements ofparagraphi'(1) and (2) ofthis subdivision. (g) 

### Standards: openwendedvalves orlines.

(1) (i) Each open-ended valve orUne shall be eqUipped with a cap, blind flange, plug, or


### a second valve.

(ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except duriug operations requiring hazardous waste stream flow through the**open~ended** 

### valve orline. (2) Each open-ended valve or line equipped with a second valve shall be operated in a
manner suchthatthe valve onthe hazardous waste streamendis closedbeforethe secondvalve is closed.

(3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the linebetweenthe block valves but shall comply with paragraph (1) ofthis subdivision at all othertimes. (h) Standards: valves in gaslvapor service or in light liquid service. (1) 

### Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph (n)(2) ofthis section and shall comply withparagraphs (2) through (5) of this subdivision, except as provided in paragraphs (6), (7), and (8) of this subdivision and 

### subdivisions 0) and (m) ofthis section.

(2) If

### an instrumentreading of 10,000ppm or greateris measured, a leak is detected. (3) (i) Any valve for which a leak is not detected for two successive months may be monitoredthe first month ofevery succeeding quarter, beginning with the nextquarter, until

a leak is detected.

(ii) 

### If

### aleakis detected, the valve shallbe monitoredmonthly until a leakis notdetected for two successive months. (4) 0) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendardays afterthe leak is detected, except as provided in subdivision

## G) ofthis section.

11-15-99 6489 Conservation

### § 

### 373-3.28 TITLE 6 ENVIRONMENTAL CONSERVATION

(li) A fIrst attempt atrepair shall be made no laterthan five calendardays aftereach leak is detected. 

### (5) First attempts at repair include, but are not limited to, the following best practices where practicable: 

### (i) tightening ofhonnet holts; (ii) 

### replacement ofbonnet bolts; (iii) 

### tightening ofpacking gland nuts; and (iv) injection oflubricant into lubricated packing. (6) Any valvethat is designated, 

### as described in subparagraph (0)(7)(ii) ofthis section, for

no detectable emissions, as indicated by 

### an instrument reading ofless than 500 ppm above background, is exempt from the requirements ofparagraph (1) ofthis subdivision ifthe valve: (i) has no external actuating mechanism in contact with the hazardous waste stream; (ii) is operated with emissions less than 500 ppm above background as detennined by 

### tbe method specified in 

### paragraph (n)(3) ofthis section; (iii) 

### is tested for compliance with subparagraph (ii) of this paragraph initially upon designation, annually, and at othertimes as requested by the commissioner. 

### (7) Any valve that is designated, as described in subparagraph (0)(8)(i) ofthis section, 

### as

an**unsafe~to~monitor** valve is exempt from the requirements ofparagraph (1) ofthis**subdivi~** sian if: (i) the owner or operator of the valve determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence 

### ofcomplying with paragraph (l) 

### ofthis subdivision; or

(ii) the owneroroperatorofthe valve adheres to a written plan thatrequires monitoring ofthe valve as frequently as practicable during**safe~to-mo$or** times. 

### (8) Any valvethatis designated, 

### as describedin subparagraph (0)(8)(ii) ofthis section, as a**difficult-to~monitor** valve is exemptfromtherequirements ofparagraph (1) ofthis SUbdivision 

### if: (i) the owner or operator of the valve detennines that the valve cannot be monitored

without elevating the monitoring personnel more than two meters above a support surface;

(il) the hazardous waste management unit within which the valve is located was in 

### operation heforeJune 21, 1990; 

### or

(iii) the owneroroperatorofthe valve follows a written plan thatrequires monitoring of the valve atleastonce per calendaryear. (i) 

### Standards: pumpsandvalves in heavy liquidservice, pressure relief devices in lightliquid

orheavy liquidservice, andflanges andotherconnectors. (1) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in paragraph (n)(2) ofthis section ifevidence ofa potential leakis found 

### by visual, audible, olfactory, or any otherdetection method.

(2) 

### Ifan instrumentreading oflO,ooo ppm orgreateris measured, a leakis detected. 

### (3) (i) When a leak is detected, it shall be repaired as soon as practicable. but not later than 15 calendardays afteritis detected, except as providedin subdivision G) ofthis section.

(ii) The first attempt at repair shall be made no later than five calendar days after each 

### leak is detected. (4) First attempts atrepairinclude, but are notlimitedto, thebestpractices described under 

### paragraph (h)(5) ofthis section.

(5) Any connectorthatis inaccessibleoris ceramic orceramic-lined 

### (e.g., porcelain, glass,

orglass-lined) is exemptfrom the monitoring requirements ofparagraph (1) ofthis subdivision and from the recordkeeping requirements ofsubdivision (0) ofthis section.

6490 Conservation 

### 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.28

(j) 

### Standards: delay of repair. (1) Delay ofrepairofequipment for whichleaks have been detected 

### will be allowed 

### if the repair is technically infeasible without a hazardous waste managementunit shutdown. In such acase, repair ofthis equipment shall occurbefore the end 

### ofthe next hazardous waste management unit shutdown.

(2) Delay ofrepair ofequipment for which leaks have been detected will 

### be allowed for 

### equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least 10 percent 

### by weight.

(3) Delay ofrepairfor valves will 

### be allowed if:

(i) 

### the owner or operator detennines that emissions ofpurged material resulting from immediate repair are greater than the emissions likely to resultfrom delay ofrepair; and

(ii) when repair procedures are effected, the purged material is collected and destroyed

orrecovered in a control device complying with subdivision (k) ofthis section. (4) Delay ofrepair for pumps will be allowed if:

0) repair requires the use ofa dual mechanical seal system that includes a barrier fluid system; and

(ii) 

### repairis completed as soon as practicable, butnotlaterthan six months afterthe leak.

was detected. (5) Delay ofrepairbeyond a hazardous waste management unit shutdown will be allowed foravalve ifvalve assembly replacementis necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies have been sufficiently stocked before the supplies were depleted. Delay ofrepair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste managementunit sh\J.tdown occurs soonerthan six months afterthe first hazardous waste managementunit shutdowrt. (k) 

### Standards:**closed~vent** 

### systems and control devices. (1) 

### Owners or operators of closed-vent systems and control devices subjectto this section shall comply with the provisions ofsection 373-3.27(d) ofthis Subpart.

(2) (i) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions ofthis section on the effective date thatthe facility becomes subjectto the provisions ofthis section mustprepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up 30 months after the effective date that the facility becomes subject to this section for installation and startup.

(ii) Any unit that begins operation after December 21, 1990, and is subject to 

### the requirements ofthis section when operation begins, mustcomply with the rules immediately (i.e., 

### must have control devices installed and operating on startup ofthe affected unit); the 30-month implementation schedule does not apply.

(iii) (a) 

### If an existing facility is already subject to 40 CPR 264.1033(a)(2)(iii) at the time a State statutory orregulatory amendmentrenders the facility subjectto 

### this section, the requirements established under 40 CFR 264.1033(a)(2)(iii), as incorporated by reference in section 370.l(e) ofthis Title, will apply.

(b) ]f 

### an existing facility is not subject to 40 CPR 264.1033(a)(2)(iii) at the time a State staUltory or regulatory amendment renders the facility subject to this section, the

owneroroperator ofthe facility in existence on the effective date ofthe State statutory or regulatory amendmentthatrenders the facility subjectto this section shall comply with all requirements ofthis section as soon as practicable but no later than 30 months after the State amendment's effective date. When control equipmentrequiredby 

### the sectioncannot be installed andbegin operationby the effective date ofthe amendment, the facility owner
oroperator shall prepare an implementation schedule that includes the following information: specific calendar dates for award ofcontracts or issuance ofpurchase orders for the

01-15-2002 6491 Conservation

### § 

### 373-3.28 TITLE6 ENVIRONMENTAL CONSERVATION

control equipment, initiation ofon-site istallation ofthe control equipment, completion of the control equipment installation, and performance ofany testing to demonstrate that the installed equipment meets the applicable standards ofthis section. The owneror operator shall enterthe implementation schedule in the operating record or in a pcnnanent, readily available file located at the facility. 

### (iv) Owners and operators of facilities and units that become newly subject to 

### the requirements of this section after December 8, 1997 due to 

### an action other than those described in sllbparagraph (iii) ofthis paragraph must comply with all applicable**require~** 

### ments immediately (i.e., 

### must have control devices installed and operating on the date the facility or unit becomes subjectto this section; the 30-month implementation schedule does not apply). (1) 

### Alternativestandardsfor valves in gas/vaporservice orin light liquidservice:percentage of

valves allowedto leak. (1) 

### An owneror operator subject to the requirements ofsubdivision (h) ofthis section may electto have all valves within ahazardous waste managementunit comply with an alternative standard which allows no greater than two percent ofthe valves to leak.

(2) The following requirements shall be met if an owner or operator decides to comply with the alternative standard ofallowing two percent ofvalves to leak: (i) An owner or operator must notify the commissioner that the owner or operator has elected to comply with the requirements ofthis subdivision.

(ii) A performance test as specified in paragraph (3) ofthis subdivision shall be conducted initially upon designation, annually, and at other times requested by the commissioner.

(iii) If

### a valveleak is detected, it shall berepaired in accordance with paragraphs (h)(4) and (5) ofthis section. (3) Performancetests shall be conducted in the followingfnanner:

(i) 

### All valves subject to 

### the requirements in subdivision (h) ofthis section within the hazardous waste management unit shall be 

### monitored within One week by the methods specified in paragraph (n)(2) ofthis section.

(ii) If

### an instrumentreading of 10,000 ppmor greater is measured, a leak is detected. (iii) Theleakpercentage shall bedeterminedby dividing the numberofvalves subjectto the requirements in subdivision (h) ofthis section for which leaks are detected by the total number of valves subject to the requirements in subdivision (h) ofthis section within the hazardous waste managementunit. (4) Ifan owneroroperatordecides to 

### no longercomply with this subdivision, the owneror operator must notify the commissioner in writing that the work practice standard described in paragraphs (h)(l) through (5) ofthis section will be followed. (m) 

### Alternative standardsfor valves in gas/vapor service or in light liquid service: skip period leak detection and repair. (1) 

### (i) An owneroroperatorsubject to therequirements ofsubdivision (h) ofthis section may electfor all valves within ahazardous waste management unitto comply with one ofthe alternative workpractices specified in subparagraphs (2)(ii) and (iii) 

### ofthis subdivision.

(ii) An 

### owneroroperatormustnotify the commissionerbeforeimplementing one ofthe alternative work practices. (2) (1) 

### An owner or operator shall comply with the requirements for valves, as described in subdivision (h) ofthis section, except as described in subparagraphs (ii) and (iii) ofthis paragraph.

(ii) 

### Aftertwo consecutive quarterly leak: detection periods with the percentage ofvalves leaking equal to or less than two percent, an owner or operator may begin to skip one ofthe quarterly leakdetection periods (i.e., 

### monitorfor leaks once every sixmonths) for the valves subject to therequirements in subdivision (h) ofthis section.

6492 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.28

(iii) 

### After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to orless than two percent, an owneroroperatormay begin to skip three ofthe quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to the requirements in subdivision (h) ofthis section.

(iv) 

### Ifthe percentage ofvalves leaking is greaterthan two percent, the owneroroperator shall monitormonthly in compliance with the requirements in subdivision (h) ofthis section, but may again elect to use this subdivision after meeting the requirements of subparagraph (h)(3)(i) ofthis section. (0) 

### Test methods andprocedures. (1) 

### Each owner operator subject to the provisions of this section shall comply with the test methods and procedures requirements provided in this subdivision.

(2) Leak detection monitoring, as required in subdivisions (c) through (m) ofthis section, shall comply with the following requirements: (i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60 (see section 370.1[eJ ofthis Title).

(ii) The detection instrument shall meet the performance criteria ofReference Method 

### 21.

(iii) The instrument shall be calibrated before use on each day ofits use by the proce¥ dures specified in Reference Method 21.

(iv) Calibration gases shall be:

(a) zero air (less than 10 ppm ofhydrocarbon in air); or (b) a mixture ofmethane orn¥hexane and air at a concentration ofapproximately, but less than, 10,000ppm methane orn¥hexane. (v) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21. (3) When equipment is tested for compliance with no detectable emissions, as required in paragraphs (c)(5) and (d)(9), subdivision (e), and paragraph (h)(6) ofthis section, the test shall comply with the following requirements: (i) The requirements ofsubparagraphs (2)(i) through (iv) ofthis suhdivision shall apply. (ii) The backgroundlevel shall 

### be determined, as set forth in Reference Method 21. (iii) The instrumentprobe shall be traversed around all potential leak: interfaces as close to the interface as possible as described in Reference Method 21.

01-15-2002 6492.1 ConservationCHAPTER IV QUALITY SERVICES 

### §373-3.28

(iv) The arithmetic difference between the maximum concentration indicated by 

### the instrument and the backgroundlevel is comparedwith 500ppmfordetermining compliance. (4) In accordance withthe waste analysis planrequired by paragraph (d)(2) ofthis section,



### an owner or operator of a facility must dctennine, for each piece ofequipment, whether the equipment contains or contacts a hazardous waste 

### with organic concentration that equals or exceeds 10 percent 

### by weightusing the following: (i) methods described in ASTM methods D 4420, E 169, E 168, E 260 (incorporated hy reference under section 370.1 [e] ofthis Title); (il) method 9060 or 8260 ofSW-846 (incorporated by reference under section 370.1[e] ofthis Title); Or

(iii) 

### application of the knowledge of the nature of the hazardous waste stream or the process by which 

### it was produced. Documentation ofa waste dctennination by knowledge is required. Examples ofdocumentation that shall be usedto support a determinationunderthis provision include production process information documenting that no organic compounds

are used. information thatthe waste is generatedby aprocess that is identical to a process at the same or anotherfacility thathas previously been demonstratedby directmeasurementto have a total organic content less than 10 percent. or prior speciation analysis results on the

same waste stream where 

### it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration. (5) 

### If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the detennination

can be revised only after following the procedures in subparagraph (4)(i) or (il) of this subdivision.

(6) When an owner or operator and the commissioner do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations of at least 10 percentby weight, the procedures in subparagraph (4)(i) or (ii) ofthis subdivision can be used to resolve the dispute.

(7) Samples used in determining the percent organic content shall be representative ofthe highesttotal organic content hazardous waste thatis expected to be containedin orcontactthe equipment.

(8) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D-2879 (incorporated by reference under section 370.1[e] oflhis Title).

(9) Performance tests to determine ifa control device achieves 95 weight percent organic emission reduction shall comply with the procedures ofsection 373-3.27(e)(3)(i) through (iv) ofthis Subpart. (0) 

### Recordkeeping requirements.

(1) (i) Each owneroroperator subjectto the prOVisions ofthis section shall comply with the recordkeeping requirements ofthis subdivision.

(ii) 

### An owneroroperatorofmore than one hazardous waste managementunit subjectto the provisions of this section may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies eachrecord by each hazardous waste managementunit. (2) Owners and operators must record the following information in the facility operating record: (i) Foreach piece ofequipmentto which this section applies:

(a) equipment identification number and hazardous waste management unit identification; (b) approximate locations within the facility (e.g.• identify the hazardous waste**man~** agement unit on a facility plot plan);

(e) type ofequipment (e.g

.. a pump orpipeline valve).

l!-I5-99 6493 Conservation

### § 

### 373-3.28 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) percent-by-wcighttotal organics in the hazardous waste stream atthe equipment; (e) hazardous waste state at the equipment (e.g., gas/vapororliquid); (j) method ofcompliance withthe standard (e.g., "monthly leak: detection andrepair"

or "equipped with dual mechanical seals"). (ti) For facilities that comply with the provisions of section 373-3.27(d)(I)(ii) of this Subpart, an implementation schedule as specifiedin section 373-3.27(d)(I)(ii).

(iii) 

### Where an owner or operator chooses to use tcst data to demonstrate the organic removal efficiency ortotal organic compound concentration achieved by the control device,

a performance test plan as specified in section 373-3.27(f)(2)(iii) ofthis Subpart.



### (iv) Documentation of compliance with subdivision (k) ofthis section, including the detailed design documentation or performance test results specified in section 373-3.27(1)(2)(iv) ofthis Subpart. (3) When each leak is detected as specified in subdivisions (c). (d), (h), and (i) of this section, the following requirements apply: (i) A weatherproofandreadily visible identification, marked with the equipment**identi~** fication number, the date evidence of a potential leak was found in accordance with paragraph (i)(I) ofthis section, and the date the leak was detected, shall be attached to the leaking equipment.

(ii) The identification on equipment, excepton a valve, may beremoved after

### ithasbeen repaired. (iii) The identification on a valve may be removed after it has been monitored for two successive months as specified in paragraph (h)(3) of this section and no leak has been detected during those two months. (4) When each leak is detected as specified in subdivisions (c), (d), (h), and (i) ofthis section, the following information shall be recorded in an inspection log and shall bekeptin the facility operating record: (i) the instrument and operator identification numbers and the equipment identification number;

(ii) the date evidence ofa potential leak was found, in accordance with paragraph (i)(l) ofthis section;

(iii) the date the leak was detected and the dates ofeach attemptto repairthe leak; (iv) repair methods applied in each attemptto repairthe leak; (v) "above 10,000" if the maximum instrument reading measured by the methods specified in paragraph (n)(2) ofthis section after each repair attempt is equal to or greater than 10,000ppm;

(vi) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery ofthe leak;

(vii) documentation supporting the delay of repair of a valve, in compliance with paragraph m(3) ofthis section; (viii) the signature ofthe owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste managementunit shutdown; (ix) the expected date of successful repair ofthe leak ifa leak is not repaired within 15 calendardays; and

(x) the date ofsuccessful repair ofthe leak. (5) Design documentation and monitoring, operating, and inspection infonnation for each closed-vent system and control device required to comply with the provisions of subdivision (k) of this section shall be recorded and kept up-to-date in the facility operating record as specified in section 373-3.27(f)(3) of this Subpart. Design documentation is specified in section 373-3.27(t)(3) of this Subpart. Design documentation is specified in section

6494 Conservation Il-15-99CHAPTER IV QUALITY SERVICES 

### § 

## 373-3.28

373-3.27(f)(3)(i) and (iO, and monitoring, operating and inspection infonnation in section 373-3.27(f)(3)(iii) through (viii) ofthis Subpart.

(6) Fora control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, orcarbon adsorption system, monitoring andinspection 

### infonnation indicating proper operation and maintenance of the control device must be recorded in the facility operating record. (7) The following information pertaining to all equipment subject to the requirements in subdivisions (c) through (k) ofthis section shall be recorded in a log that is kept in the facility operating record: 

### 0) A listof

### identification numbers for equipment (except welded fittings) subjectto the requirements ofthis section.

(ii) (a) 

### Alistofidentificationnumbers forequipmentthatthe owneroroperatorelects to designate forno detectable emissions, as indicatedby aninstrumentreading ofless than 500 ppm ahove background, under the provisions ofparagraphs (e)(5), (d)(9), and (h)(6) ofthis section.

(b) 

### The designation of this equipment as subject to the requirements of paragraphs (c)(5), (d)(9), and (h)(6) ofthis section shall be signedby the owneroroperator. (iii) 

### A list ofequipment identification numbers for pressure relief devices required to comply with paragraph (e)(I) ofthis section.

(iv) (a) 

### The dates of each compliance test required in paragraphs (c)(5) and (d)(9), subdivision (e), and paragraph (h)(6) ofthis section.

(b) 

### The background level measured during each compliance test. (c) The maximuminstrumentreading measured atthe equipmentduring each**compli~** 

### ance test.**,~** 

### (v) A list ofidentification numbers for equipment in vacuum service. (vi) Identification, eitherby listorlocation (areaorgroup) ofequipmentthatcontains or contacts hazardous waste with an organic concentration ofat least 10 percent by weight for less than 300hours percalendaryear. (8) The following information pertaining to all valves subject to the requirements of paragraphs (h)(7) and (8) ofthis section shall be recorded in a log that is kept in the facUity operating record: (i) Alistofidentificationnumbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to 

### monitor, and the plan for monitoring each valve.

(ii) A listofidentificationnumbers for valves that are designated as difficultto monitor,

an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve. (9) The following information shall be recorded in the facility operating record for valves complying with subdivision (m) ofthis section. (i) A schedule ofmonitoring. (ii) The percent ofvalves found leaking during each monitoring period. (10) The following information shall be recorded in a log that is kept in the facility operating record: (i) 

### Criteriarequiredin clause (c)(4)(v)(b) and suhparagraph (d)(5)(ii) ofthis section, and

an explanation ofthe criteria.

(ii) Any changes to these criteria and the reasons for the changes. (11) 

### The following information shall be recorded in a log that is kept in the facility operatingrecordfor usein determining exemptions as providedin the applicability subdivision ofthis section and other specific sections:

01-15-2002 6495 Conservation

### § 373-3.28 TITLE 6 ENVIRONMENTAL CONSERVATION



### 0) An analysis determining the design capacity of the hazardous waste management 

### unit (ii) A 

### statementlisting the hazardous waste influent to and effluent from each hazardous 

### waste management unit subject to the requirements in subdivisions (c) through (k) ofthis section, and an analysis detennining whether these hazardous wastes are heavy liquids.

(iii) 

### An up-ta-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in subdivisions (c) through (k) of this section, The record shall include supporting documentation as required by subparagraph 

### (n)(4)(iii) ofthis section when application ofthe knowledge ofthe nature ofthe hazardous waste streamorthe process by 

### which it was produced is used. If

### the owneroroperator takes any action (e.g., 

### changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in subdivisions (c) through (k) of this section, then a new determination is required. (12) Records ofthe equipment leak information required by paragraph (4) ofthis subdivi· sion and the operating information required by paragraph (5) 

### ofthis subdivision need be kept only three years.

(13) The owneroroperatorofany facility with equipmentthatis subjectto this section and to leakdetection, monitoring, andrepairrequirements underregulations at40 CFR

### part60, part 61, or part 63, as incorporated by reference in section 370.1(e) of this Title, may elect to determinecompliance with this sectioneitherby documentationpursuantto this subdivision, or by documentation ofcompliance with the regulations at40 CPR 

### pan 60, part 61, or part 63 as incorporatedbyreference in section 370.1 (e) ofthis Title, pursuantto the relevantprovisions of the regulations at 40 CFR 

### part 60, part 61, or part 63 as incorporated by reference in section 370.1(e) ofthis Title. The documentation ofcompliance under regulation at 40 CFR part 60, part 61 or part 63 as incorporated by reference in section 370.1(e) ofthis Title, shall be kept with or made readily available with the facility operating recoro.

Historical Note Sec. filed Nov. 15, 1994; amds. filed: Sept. 20,1996; Sept. 29, 1998; Nov. 4, 1999; Jan. 14, 2002 eff. 60 days after filing. Amended (a), (k), (m), (0). 

### § 373-3.29 Air emission standards for tanks, surface impoundments, and containers.

(a) 

### Applicability. (1) The requirements ofthis section apply to owners and operators ofall facilities that treat, store, or dispose of hazardous waste in tanks, 

### surface impoundments, or containers subject to 

### either section**373~3.9, 373~3.1O**  

### or 373-3.11 of this Subpart except as section 373·3.1 and paragraph (2) ofthis subdivision provide otherwise.

(2) 

### The requirements ofthis sectiondo not apply to the following waste managementunits at the facility: (i) a waste management unit that holds hazardous waste placed in a unitbefore December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996;



### (ii) a containerthat has a design capacity less than orequal to 0.1 m3; 

### (iii) a tank in which an owner or operator has stopped adding hazardous waste and the

owner or operator has begun implementing or completed closure pursuant to an approved closure plan;

(iv) a surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing orcompleted closure pursuant to an approved closure plan;

(v) a waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA section 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar Federal or 

### State authorities including, but not

6496 

### Conservation 0l-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

limited to, 

### 6 NYCRR Parts 373 and 375, ECL 71-2727(3), and ECL article 27, titles 9 and 13;



### (vi) a waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations underthe authority ofthe Atomic Energy Act and the NuclearWaste Policy Act;

(vii) ahazardous waste managementunitthatthe owneroroperatorcertifies is equipped with 

### and operating air emission controls in accordance with the requirements ofan applicable Clean Air Act regulation codified under40 CFR part 60, part 61, or part 63 as incorporated by reference in section 370.1(e) ofthis Title. For the purpose ofcomplying with this 

### paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with 

### the enclosure and control device requirements of paragraph (f)(9) ofthis section, except as provided in subparagraph (d)(3)(v) ofthis section; and

(viii) a tank that has a process vent as defined in section 373-2.27(b) ofthis Title. (3) Forthe owner and operator ofa facility subjectto this section who has received a final pennit under this Part, prior to December 6, 1996, the following requirements apply: (i) The requirements of section 373-2.29 of this Part shall be incorporated into the pennit when the pennit is reissued in accordance with the requirements ofPart 621 ofthis Title orreviewed in accordance with the requirements ofsection**373~** 

### 1.8 ofthis Part. (ii) Until the date when the permit is reissued in accordance with the requirements of Part 621 ofthis Title orreviewed in accordance with the requirements ofsection 373-1.8 of this Part, the owner and operatoris subject to 

### the requirements ofthis section. (4) The requirements ofthis section, except for the recordkeeping requirements specified inparagraph (k)(9) ofthis section, are administratively stayed for atankora containerusedfor the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions: (i) The owner or operator identifies that the tank or containerreceives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one ormore ofthese organic peroxides could potentiallyundergo selfHacceleratiug thermal decomposition atorbelow ambienttemperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions ofthis paragraph, 

### organicperoxide means an organic compoundthatcontains the bivalent 

### -0-0- structure and which may be considered to be a structural derivative of hydrogenperoxide where one orboth ofthehydrogen atoms has beenreplacedby an organic radicaL

(ii) 

### The owneroroperatorprepares documentation, in accordance with the requirements ofparagraph (k)(9) ofthis section, explaining why an undue safety hazard would be created ifair emission controls specified in 

### subdivisions (f) 

### through (i) ofthis section are installed and operated on the tanks and containers used atthe facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the**condi~** 

### tions ofsubparagraph (i) 

### oftbis paragraph.

(iii) The owner or operator notifies the commissioner in writing that hazardous waste generated by an organic peroxide manufacturing process orprocesses meeting theconditions of subparagraph (i) 

### of this paragraph are managed at the facility in tanks or containers meeting the conditions ofsubparagraph (ii) ofthis paragraph. The notification shall statethe

name and address ofthe facility, and be signed and datedby an authorized representative of the facility owner or operator. (b) 

### Definitions. As usedin this section, all terms notdefinedherein shall have the meaning given to them in Parts 370 through Subpart 374H I ofthis Title.

01-15-2002 6497 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION

(1) 

### Average volatile organic concentration or 

### average VO concentration means the mass

### weighted average volatile organic concentration ofa hazardous waste as determined in**accor~** dance with the requirements ofsubdivision (e) ofthis section.



### (2) Closure device means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces airpollutant emissions to the atmosphere. Closure devices include devices 

### that are detachable from the cover (e.g., 

### a sampling pon cap), manually operated (e.g., 

### a hinged

access lid orhatch), or automatically operated (e.g., a spring-loaded pressure reliefvalve).



### (3) Continuous seal means a seal that forms a continuous closure that completely covers the space between the edge ofthe floating roofand the wall ofa tank. A continuous seal may be

a**vapor~mounted** seal,**liquid~mounted** seal, or metallic shoe seal. A continuous seal may be constructed offastened segments so as to form a continuous seaL



### (4) Cover means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent orreduce airpollutant emissions to the atmosphere. A covermay have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair ofthe unit on which the cover is used. A cover may be a separate piece ofequipment which can 

### be detached and removed from the unit or a

covermay be formed by structural features permanently integrated into the design ofthe unit.



### (5) Enclosure means a structure that surrounds atank orcontainer, captures organic vapors emittedfrom the tankorcontainer, and vents the captured vapors through a closed-vent system to a control device.



### (6) External floating roof means apontoon-type ordouble-decktype coverthatrests on the surface ofthe material managed in a tank with no fixed roof.



### (7) Fixed roof means a coverthatis mounted on aunitin a stationary position and does not

move with fluctuations in the level ofthe material managed in the unit



### (8) Floating membrane cover means a cover consisting ofa synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.



### (9) Floating roofmeans a cover consisting of a double-deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.



### (10) Hard-piping means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.



### (11) In light material service means the container is used to manage a material for which both of the following conditions apply: the vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20°C; and the total concentration ofthe pure organic constituents having a vapor pressure greaterthan 0.3 kPa at 20°C is equal to or greaterthan 20 percent by weight



### (12) Internal floating roof means a coverthatrests orfloats on the material surface (butnot necessarily in complete contact with it) inside a tank that has a fixed roof.



### (13)**Liquid~mounted** 

### seal means a foam or**liquid~filled** primary seal mounted in contact with the hazardous waste between the tank wall and the floating roofcontinuously around the circumference ofthe tank.



### (14) Malfunction means any sudden, infrequent, and notreasonably preventable failure of airpollution control equipment, process equipment, or aprocess to operate in a normal orusual

manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.



### (15) Maximum organic vaporpressure means the sum ofthe individual organic constituent partial pressures exerted by the material contained in a tank., at the maximum vapor pressure-causing conditions (Le., temperature, agitation, pH effects ofcombining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this section, maximum organic vaporpressure is determined using the procedures specified in paragraph (e)(3) ofthis section.

6498 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(16) Metallic shoe seal means a continuous seal that is constructed ofmetal sheets which

are held vertically againstthe wall ofthe tank by springs, weightedlevers, orothermechanisms 

### and is connected to the floating roof by 

### braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

(17) No detectable organic emissions 

### means no escape oforganics to the atmosphere as determined using the procedure specified in paragraph (e)(4) ofthis section.

(18) Point afwaste origination means as follows:

(1) When the facility owneroroperatoris the generatorofthe hazardous waste, the point ofwaste origination means the point where a solid waste produced by a system, process, or waste managementunit is determined to be a hazardous waste as defined in Part 371 ofthis Title.

Note: In this case, this term is being used in a manner similarto the use ofthe
term "point ofgeneration" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63 (incorporated by reference in section 370.1[e] of this Title). (ii) When the facility owner and operator are not the generator ofthe hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession ofthe hazardous waste. (l9) Point ofwaste treatment means the point where a hazardous waste to be treated in accordance with subparagraph (d)(3)(ii) ofthis section exits the treatmentprocess. Any waste detennination shall be made before the waste is conveyed, handled, orotherwise managedin a

manner that allows the**wa~~e** to volatilize to the atmosphere.

(20) Safety device means a closure device such as a pressure reliefvalve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, oremergency event. Forthe purpose ofthis section, a safety device is notused for routine venting ofgases or vapors from the vapor headspace underneath a cover such as during filling ofthe unit or to adjustthe pressure in this vaporheadspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.

(21) Single·sealsystem means a floating roofhaving one continuous seal. This seal may be vapor-mounted, liquid·mounted, or a metallic shoe seal.

(22) Vapor-mounted seal means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom ofthe seal.

(23) Volatile organic concentration or 

## va concentration means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressedin tenus ofparts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of subdivision (e) of this section. For the purpose of detennining the VO concentration of a hazardous waste, organic compounds with a Henry's Law constant value ofat least 0.1**mole-fraction-in~the-gas-phase/mole-fraction-in-the·1iquid** phase (0.1 YfX) (which can also be expressed as 1.8 X 10-6atmospheres/gram-mo1e/m3) at 25 degrees Celsius must be included. A list ofcompounds known to have a Henry's Law constant value less than the cutofflevel canbe found at appendix VI to 40 CFR part

### 265 as incorporated by reference in Appendix 

### 55 ofthis Title.

01-15-2002 

### 6499 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### (24) Waste determination means performing all applicable procedures in accordance with 

### the requirements of subdivision (e) of this section to determine whether a hazardous waste meets standards specified in this section. Examples ofa waste detennination include performing the procedures in accordance with the requirements of subdivision (e) of this section to determine the average VO concentration ofa hazardous waste atthe pointofwaste origination; 

### the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; the organic reduction efficiency and the organic biodegradationefficiency for

abiological process used to treat a hazardous waste and comparing the results to the applicable standards; orthe maximum volatile organic vaporpressure for a hazardous waste in atank and comparing the results to the applicable standards.



### (25) Waste stabilization process means any physical or chemical process used to either reduce the mobility ofhazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, as incorporated by reference in section 370.l(e) of this Title. A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are 

### wastefixation or 

### waste solidification. This does notinclude the adding ofabsorbentmaterials to the surface ofa waste, without mixing, agitation, or subsequent curing, to absorb free liquid. (c) 

### Schedulefor implementation of airemission standards. (1) Owners oroperators offacilities existing on December 6, 1996, and subjectto sections 373-3.9,373-3.10, and 373-3.11 ofthis Subpart shall meet the following requirements: (i) Install and begin operation of all control equipment or waste management units required to comply with this section and complete modifications ofproduction ortreatment processes to satisfy exemption criteria in accordance with paragraph (d)(3) ofthis section, except as provided for in subparagraph (ii) ofthis paragraph:-

(ii) When control equipment or waste management units required to comply with this section cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria in accordance with paragraph (d)(3) ofthis section cannot be completed by December 6, 1996, the owneroroperator shall: (a) Install andbegin operation ofthe control equipmentand waste managementunits, and complete modifications ofproduction or treatment processes as soon as possible but

no laterthan December 8, 1997. (b) Prepare an implementation schedule that includes the following information: specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, waste managementunits, and production ortreatment process modifications; initiation ofon-site installation ofcontrol equipment orwaste management units and modifications ofproduction ortreatment processes; completion ofcontrol equipment

or waste management unit installation, and production or treatment processes modifications; and performance of testing to demonstrate that the installed equipment or waste management units and modified production or treatment processes meet the applicable standards ofthis section.

(c) For facilities subject to the recordkeeping requirements of section 373-3.5(c) of this Subpart, the owner or operator shall enter the implementation schedule specified in clause (b) ofthis subparagraph in the operating record no laterthan December 6, 1996. (d) For facilities not subject to section 373-3.5(c) of this Subpart, the owner or operator shall enter the implementation schedule specified in clause (b) ofthis subparagraph in a permanent, readily available file located at the facility no later than December 6.1996. (2) Owners oroperators offacilities and units in existence on the effective date ofstatutory

or regulatory amendment to this Title that renders the facility subject to section 373-3.9, 373-3.10, or 373-3.11 ofthis Subpart shall meetthe following requirements:

6500 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(i) Install andbegin operation ofcontrol equipmentor waste management units required
to comply with this section and complete modifications ofproduction ortreatmentprocesses to satisfy exemption criteria ofparagraph (d)(3) ofthis section by the effective date ofthe amendment except as provided for in subparagraph (ij) ofthis paragraph.

(ii) When control equipment or waste management units required to comply with this 

### section cannot be installed and begin operation, or when modifications of production or treatmentprocesses to satisfy exemption criteriaofparagraph (d)(3) ofthis section cannotbe completed by the effective date ofthe amendment, the owner or operator shall: (a) install and begin operation ofthe control equipment or waste management unit and, complete modification ofproduction or treatment processes 

### as soon as possible but

no later than 30 months after the effective date ofthe amendment; (b) for facilities subject to the recordkeeping requirements of section**373~3.5(c)** of this Subpart, enterand maintain the implementation schedule specified in clause (1 )(ii)(b) ofthis subdivision in the operating record no later than the effective date ofthe amendment; or

(c) for facilities not subject to section**373~3.5(c)** of this Subpart, the owner or operator shall enter and maintain the implementation schedule specified in clause (l)(ii)(b) ofthis subdivision in a pennanent, readily available file located at the facility site no later than the effective date ofthe amendment. (3) Owners and operators offacilities and units that become newly subject to the**require~** ments ofthis section after December 

### 8, 1997 due to an action other than those described in paragraph (2) ofthis subdivision must comply with all applicable requirements immediately (i.e., musthave control devices installed and operating on the date the facility or unit becomes subjectto this section; the 30-month implementation schedule does not apply.

(4) The commissionenmay elect to extend the implementation date for control equipment at a facility, on a**case~by~case** basis, to a date later than December 

### 8, 1997, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation ofcontrol equipment and the owner or operator has made all reasonable and prudent attempts to comply with the requirements ofthis section. (d) 

### Standards: general. (1) This subdivision applies to the management of hazardous waste in tanks, surface impoundments, and containers subjectto this section.

(2) The owneroroperator shall control airpollutant emissions from each hazardous waste management unit in accordance with standards specified in subdivisions (f) through (i) ofthis section, as applicable to the hazardous waste management unit, except as provided for in paragraph (3) ofthis subdivision.

(3) A tank, surface impoundment, or container is exempt from standards specified in subdivisions (f) through (i) ofthis section, as applicable, provided that the waste management unit is one ofthe following: (i) 

### A tank, surface impoundment, or container for which all hazardous waste entering the unit has 

### an average VO concentration at the point ofwaste origination ofless than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in paragraph (e)(l) ofthis section. The owner or operator shall review and update, as necessary, this determination at least once every 12 months following the date ofthe initial determination for the hazardous waste streams entering the unit.

(ii) 

### A tank, surface impoundment, or container for which the organic content ofall the hazardous waste entering the waste management unit has been reduced by an organic destruction orremoval process that achieves anyone ofthe following conditions: (a) A process thatremoves or destroys the organics contained in the hazardous waste to a level such that the average VO concentration ofthe hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. The average VO concentration ofthe hazardous waste at the point ofwaste treatment and

01-15-2002 6500.1 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATJON



### the exit concentration limit 

### for the process shall be determined using the procedures specified in paragraph (e)(2) ofthis section.

(b) A 

### process that removes or destroys the organics contained in the hazardous waste to 

### a level such that the organic reduction efficiency (R) for the process is equal to 

### or greater than 95 percent, and the average VO concentration ofthe hazardous waste at the point ofwaste treatment is less than 100 ppmw. The organic reduction efficiency for the 

### process and the average VO concentration ofthe hazardous waste at the point of waste treatment shall be determined using the procedures specified in paragraph (e)(2) ofthis section.

(c) A process thatremoves ordestroys the organics contained in the hazardous waste 

### to alevel suchthatthe actual organic mass removal rate (MR) fortheprocess is equal to or greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in paragraph (e)(2) of this section.

(d) 

### A biological process that destroys or degrades the organics contained in the hazardous waste, such that either ofthe following conditions is met: (1) 

### The organic reduction efficiency (R) for the process is equal to 

### or greater than 95 percent, and the organic biodegradation efficiency (Rbio) 

### for the process is equal to

or greater than 95 percent. The organic reduction efficiency and the organic**bi~** 

### odegradation efficiency for the process shall be determined using the procedures specified in paragraph (e)(2) ofthis section.

(2) The total 

### actual organic mass biodegradation rate (MRbio) 

### for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (R..\1R). The required organic mass removal rate and the actual organic

mass biodegradation rate for the process shall be**de~ermined** 

### using the procedures specified in paragraph (e)(2) ofthis section. -, (e) 

### A process that removes or destroys the organics contained in the hazardous waste and meets all ofthe following conditions: (1) 

### From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in subdivisions (D 

### through (i) 

### ofthis section, as applicable to the waste management unit.

(2) From the point of waste origination through the point where the hazardous waste enters the treatmentprocess. any transferofthe hazardous wasteis accomplished through continuous**hard~piping** 

### or other closed system transfer that does not allow exposure ofthe waste to the atmosphere. The department considers a drain system that meets therequirements of40 CFR part 63, subpart RR

- National Emission Standards for Individual Drain Systems, as incorporated by reference in section 370.1(e) ofthis Title, to be a closed system. (3) The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each ofthe individual waste streams entering the process or 500 ppmw, whichevervalueis lower. The average VO concentration ofeachindividual waste stream atthe point ofwaste origination shall be determined using the procedures specified in paragraph (e)(l) of this section. The average VO concentration of the hazardous waste at the point ofwaste treatment shall be determined using the procedures specified in paragraph (e)(2) ofthis section. (j) 

### A process that removes ordestroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to 

### or greaterthan 95 percentand the owneroroperatorcertifies thatthe average VO concentration at the point ofwaste origination for each ofthe individual waste streams entering the

6500.2 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

process is less than 10,000ppmw. The organic reduction efficiency forthe process and the average VO concentration ofthe hazardous waste at the pointofwaste origination shall be 

### determined using the procedures specified in paragraphs (e)(2) and (1) 

### of this section, respectively. (g) A hazardous waste incinerator for which the owner or operator has either:

(1) been issued a final pennit under Subpart 373-1 ofthis Part which implements the requirements ofsection 373-2.15 ofthis Part; or (2) has designed and operates the incinerator in accordance with the interim status requirements of section 373-3.15 ofthis Subpart (h) A boileror industrial furnace for which the owner oroperator has either:

(1) been issued a final permit under Subpart 373-1 ofthis Part which implements the requirements of section**374~** 1.8 ofthis Title; or

(2) has designed and operates the boiler or industrial furnace in accordance with the interim status requirements ofsection 374-1.8 ofthis Title. (i) For the purpose of determining the perfonnance of an organic destruction or removal process in accordance with the conditions in each ofclauses (a) through (f) ofthis subparagraph, the owneroroperator shall accountforVOconcentrations determined to be below the limit ofdetection ofthe analytical method by using the following VO**concen~** tration: (1) IfMethod 25D in 40 CFR part 60, appendix A, as incorporated by reference in section 370.1(e) ofthis Title, is used for the analysis, one-half the blank value**deter~** mined in the method at section 4.4 ofMethod 25D in 40 CFR part 60, appendix A, as incorporated by reference in section 370.l(e) of this Title, or a value of 25 ppmw, whicheveris less.**-~-**

(2) If any other analytical method is used,**one~half** the sum of the limits of detection established for each organic constituent in the waste that has a Henry's Law constant value at least 0.1**mole-fraction-in-the~gas-phaselmo1e-fraction-in-the-liquid** phase (0.1 

### Y/X) (which can also be expressed as 

### 1.8 xIO-6 atmospheres/gram-mole/m3) at 25"C- (iii) 

### Atank or surface impoundmentused for biological treatment ofhazardous waste in accordance with the requirements ofclause (ii)(d) ofthis paragraph.

(iv) A tank, surface impoundment, orcontainer for which all hazardous waste placed in the uniteither: (a) meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, 

### as specified in Part 376 ofthis Title, Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in section 376.4 of this Title; or (b) the organic hazardous constituents in the waste havebeen treatedby the treatment technology established by the departmentforthe waste in section 376.4(c)(1) ofthis Title,

orhave beenremoved ordestroyed by an equivalentmethod oftreatment approved by the US EPA and lbe department pursuant to section 376.4(c)(2) ofthis Title. (v) 

### A tank used for bulk feed ofhazardous waste to a waste incinerator and all ofthe following conditions are met: (a) The tank is located inside 

### an enclosure vented to acontrol device that is designed and operated in accordance with all applicable requirements specified under 40 CFR part 

### 61, subpart

### FF

- National Emission Standards forBenzeneWaste Operations, as incorporated by reference in section 370.1 (e) ofthis Title, for a facility at which the total annual benzene quantity from the facility waste is equal toorgreaterthan 10megagrams peryear, (b) The enclosure and control device serving the tank were installed and began operation prior to November

### 25,1996.

01-15-2002 6500.3 Conservation

### § 373-3.29 TITLE6 ENVIRONMENTAL CONSERVATION



### (c) The enclosure is designed and operated in accordance with the criteria for a permanenttotal enclosure as specifiedin "ProcedureT-Criteriafor and Verification ofa PermanentorTemporary Total Enclosure" under40 CFR 52.741, appendix B, as incorpo* rated by reference in section 370.1 (e) ofthis Title. The enclosure may have permanent or 

### temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; orto direct airflow into the enclosure. The owneroroperator shall perform the verification procedure for the enclosure as specified in section 5.0 to "Procedure T-Criteria for and Verification ofa PermanentorTemporary Total Enclosure" annually. (4) The commissioner may at any time perform or request that the owner or operator perform a waste determination for ahazardous waste managedin atank, surface impoundment,

orcontainer exempted from using air emission controls under the provisions ofthis section as follows: (i) The waste determination for average VO concentration ofa hazardous waste at the point ofwaste origination shall be performed using direct measurement in accordance with the applicable requirements ofparagraph (e)(1) ofthis section. The waste determination for a hazardous waste at the point ofwaste treatment shall be performed in accordance with the applicable requirements ofparagraph (e)(2) ofthis section.

(ii) In performing a waste determination pursuant to subparagraph (i) ofthis paragraph, the sample preparation and analysis shall be conducted as follows: (a) In accordance with the method used by the owneroroperatorto performthe waste analysis, exceptin the case specified in clause (b) ofthis subparagraph.

(b) 

### Ifthe commissionerdetermines thatthe methodusedby the owneroroperatorwas not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the commissionermay choose an appropriate method. (iii) In a case when the owner or operator is requested 

### !Q perform the waste**determina~** tion, the commissionermay elect to have an authorized representative observe the collection ofthe hazardous waste samples used for the analysis.

(iv) In a case when the results ofthe waste determination performed orrequestedby the commissionerdo not agree with the results ofa waste determination performedby the owner

or operator using knowledge of the waste, then the results of the waste determination performedin accordance with the requirements ofsubparagraph (i) ofthisparagraph shall be used to establish compliance with the requirements ofthis section.

(v) In a case when the owner or operatorhas used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the commissioner may elect to establish compliance with this section by performing or requesting that the owner or operator perform a waste determination using direct measurementbased on waste samples collected within a one-hourperiod as follows: (a) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements ofparagraph (e)(1) ofthis section.

(b) Results ofthe waste determination performed or requested by the commissioner showing that the average VO concentration ofthe hazardous waste at the point ofwaste origination is equal to orgreaterthan 500ppmw shall constitute noncompliance with this section except in a case as provided for in clause (c) ofthis subparagraph.

(c) For the case when the average VO concentration of the hazardous waste at the point ofwaste origination previously has been determined by the owneroroperatorusing

an averaging period greaterthan one hourto be less than 500ppmw butbecause ofnormal operating process variations the VO concentration ofthe hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, information that was used by the owner or operator to determine the average VO concentration ofthe hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the require6500.4 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

ffiCTIts of

### paragraph (c)(l) and subdivision (k) of

### this section 

### shall be considered by 

### the commissionertogetherwith the results ofthe waste determination perfonned orrequested by 

### the commissioner in establishing compliance with 

### this section. 

### (e) 

### Waste detennination procedures. (1) 

### Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (i) 

### An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted 

### under the provisions of subparagraph (d)(3)(i) of this section from using air emission controls in accordance with standards specified in subdivisions CD through (i) ofthis section,

as applicable to the waste management unit. (a) 

### Aninitial determination ofthe average VO concentration ofthe waste stream shall be made before the first time any portion ofthe material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of subparagraph (d)(3)(i) ofthis section from using airemission controls, and thereafter an initial**detenni~** 

### nation of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit.

(b) 

### Perfonn a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level thatis equal to orgreaterthan the VO concentration limit specified in subparagraph (d)(3)(i) ofthis section. (li) 

### Fora waste determination that is required by subparagraph (i) 

### ofthis paragraph, the average VO concentration of a hazardous waste at the point of waste origination shall be determined using either direct measurement as specified in subparagraph (iii) 

### ofthis paragraph orby knowledge**~~** 

### specified in subparagraph (iv) ofthis paragraph.

(iii) Directmeasurementto determine averageVO concentration ofahazardous waste at the point ofwaste origination. (a) 

### Identification. The owner or operator shall identify and record the point ofwaste originationfor the hazardous waste.

(b) 

### Sampling. Samples ofthe hazardous waste stream shall be collected atthe pointof waste originationin manner suchthatvolatilization oforganics contained inthe waste and in the subsequent sample is minimized and an adequately representative sample is**col~** 

### lected and maintained for analysis by the selected method. (1) 

### The averaging period to be usedfor determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operatordetermines is appropriate for the hazardous waste stream but shall not exceed

one year.

(2) A sufficient number of samples, but no less than four samples, shall be**col~** 

### lected and analyzed for a hazardous waste determination. All ofthe samples for a given waste determination shall be collected within a one-hour period. The average of the fourormore sampleresults constitutes a waste determination forthe waste stream. One

ormore waste determinations may be required to 

### representthe complete range ofwaste compositions and quantities thatoccurduring the entire averaging period due to 

### nonnal variations inthe operating conditions for the source orprocess generating the hazardous waste stream. Examples of such normal variations are seasonal variations in waste quantity or fluctuations in ambienttemperature.

(3) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss oforganics occurs throughout the sample collection andhandling process, andby which sampleintegrity is maintained. A copy ofthe written sampling plan shall be maintained on-site in the facility operating**01~15~2002** 6500.5 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 370.1 (e) ofthis Title, or in 

### Method 25D in 40 CFR part 

### 60, appendix A as incorporated by 

### reference in section 370.1(e) ofthis Title.



### (4) Sufficient infonnation, as specified in the**site~sampling** 

### plan required under subclause (3) of this clause, shall be prepared and recorded to document the waste quantity represented by 

### the samples and, as applicable, the operating conditions for the

source or process generating the hazardous waste represented by the samples. (c) 

### Analysis. Each collected sample shall be prepared and analyzed, in accordance with one or more of the methods listed in subclauses (1) 

### through (9) of this clause, including appropriate quality assurance and quality control (QNQC) 

### checks and use of target compounds for calibration. If method 25D in 40 CFR part 60, appendix A as incorporated by reference in section 370.1 (e) ofthis Title, is not used, then one or more methods should be chosen that are appropriate to ensure that the waste determination accounts for and reflects all organic compounds in the waste with Henry's Law constant values at least 0.1**mole~ fraction~in~the-gas~phase/mole-** **fraction~** 

### in-the-liquid-phase (0.1y/x) 

### (which can also be expressed as 1.8 x 10-6 

### atmospheres/gram-mole/m3) at 25°C. Each ofthe analytical methods listed in subclauses (2) through (7) 

### ofthis clause has an associated list ofapproved chemical compounds, for which the department considers the methods appropriate for measurement. If 

### an owner or operator uses EPA Method 624, 625,1624, or 1625 in40 CFRpart 136 appendix A, as incorporatedbyreference in section 370.l(e) ofthis Title, to analyze one or more compounds that are not on that method's published list, the alternativetestprocedure containedin40 CFRparts 136.4 and 136.5, as incorporated by reference in section 370.1 (e) ofthis Title, must be followed. Ifan owner
oroperatoruses EPA Method 8260 or 8270in "TestMethpds for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW**~846** 

### Tas incorporated by reference in section 370.1[e] of this Title), to analyze one or more compounds that are not on that method's pUblished list, the procedures in subclause (8) ofthis clause must be followed. At the owner's or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D to the the corresponding average VO concentration value which would have been obtained had the waste samples been analyzedusing Method 25D in 40 CFR part 60, appendix A, as incorporated by reference in section 370.1 (e) ofthis Title. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustmentfactor (f m25D). 

### Ifthe owneroroperatorelects to adjusttest data, the adjustment mustbe made to all individual chemical constituents with a Henry's Law constant value greater than or equal to 0.1YIX 

### at 25°C contained in the waste. Constituent-specific adjustment factors (f m25D) 

### can be obtained by contacting the Waste and ChemiCal Processes Group, Office ofAir Quality Planning and Standards, Research Triangle Park, NC 27711. (1) 

### Method 25D in 40 CPR part 60, appendix A, as incorporated by reference in section 370.1 (e) ofthis Title.



### (2) Method 624 in 40 CPR part 136, appendix A, as incorporated by reference in section 370.1 (e) ofthis Title.

(3) Method 625 in 40 CFR part 136. appendix A, as incorporated hy reference in 

### section 370.l(e) of this Title. Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 ofthe method.

(4) Method 1624 in 40 CFR part 136. appendix A, as incorporated hy reference in section 370.1 (e) ofthis Title.

(5) Method 1625 in 40 CFR part 136, appendix A, as incorporated by reference in section 370.1 (e) ofthis Title.

6500.6 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

## 373-3.29

(6) 

### Method 8260in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (as incorporated by 

### reference in section 370.1[e] ofthis Title). Maintain a formal quality assurance program consistent with the require

### ments of Method 8260. The quality assurance program shall include the following elements: (i) 

### Documentation of site-specific procedures to 

### minimize the loss of compounds due to 

### volatilization, biodegradation, reaction, or sorption during the sample 

### collection, storage, preparation, introduction, and analysis steps. (ii) 

### Measurement of the overall accuracy and precision of the specific procedures. (7) Method 8270 in 'TestMethods for Evaluating Solid Waste, PhysicaVChemical 

### Methods," EPA Publication**SW~846,** 

### (as incorporated by reference in section 370.1[e] ofthis Title). Maintain a fonnal quality assurance program consistent with the**require~** 

### ments of Method 8270. The quality assurance program shall include the following elements: (i) 

### Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps. (ii) 

### Measurement of the overall accuracy and precision of the specific**proce~** 

### dures. (8) 

### Any other EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR 

### part 63, appendix D, as incorporatedby reference in section 370.1 (e) ofthis Title. As an alternative, otherEPA standardmethods may be validatedby the procedure specifiedin subclause (9) 

### ofthirclause.

(9) 

### Any other analysis method that has been validated in accordance with the procedures specifiedin section 5.1 or5.3, andthe corresponding calculations in section 6,1 or 6.3, ofMethod 301 in 40 CFR part 63, appendix A, as incorporatedby reference 

### in section 370.l(e) of this Title. The data are acceptable if they meet the criteria specified in section 6.1.5 or 6.3.3 ofMethod 301. Ifcorrection is required under section 

### 6.3.3 ofMethod 301, the data are acceptable ifthe 

### correction factor is within the range 0.7 to 1.30. Other sections ofMethod 301 are not required. (d) Calculations.

(1) 

### The average VO concentration 

### (r) on a**mass~weighted** 

### basis shallbe calculated by using the results for all waste determinations conducted in accordance with clauses (b) 

### and (c) 

### ofthis subparagraph and the following equation:

n
X 

## x' (0 xC).**~'I** I j,.j



### Where:
L = 

### Average VO concentration ofthe hazardous waste atthe pointofwaste origination

on a mass-weighted basis, ppmw. i = 

### Individual waste determination "i" ofthe hazardous waste.

n = 

### Total number of waste determinations of the hazardous waste conducted for the averaging period (not to 

### exceed 

### 1 year). 

### Qi = 

### Mass quantity ofhazardous waste stream represented by Cj, kglhr. 

### QT = 

### Total mass quantity ofhazardous waste during the averaging period, kglhr.

Ot,15,2oo2 6500.7 

### Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION

OJ 0:::: Measured VO concentration of waste determination 

### "i" as determined in**accor~** dance with the requirements ofclause (c) ofthis subparagraph, (i.e., the average ofthe four ofmorc samples specified in subclause [b1[2] ofthis subparagraph), ppmw.

(2) For the purpose of determining Cj, for individual waste samples analyzed in accordance with clause (c) ofthis subparagraph, the owneroroperator shall account for 

### VO concentrations 

### determined to be below the limit of detection of the analytical method 

### by using the following VO concentration: (i) IfMethod 25D in 40 CFR part 60, appendix A, as incorporated by reference 

### in section 370.l(e) of this Title, is used for the analysis, one·half the blank value determinedin the method at section 4.4 ofMethod 25D in 40 CFR part 60, appendix A, as incorporated by reference in section 370.l(e) ofthis Title. (ii) If any other analytical method is used, one-half the sum of the limits of detection establishedfor each organic constituentin the waste thathas aHenry's Law constant values at least 0.1**mole-fraction-in-the~gas-phase/mole-fraction-in-the-liq** uid.phase (0.1 

### YIX) (which can be expressed as 1.8 x 

### 10-6 atmospheres/gram-mole/



### m

3) 

### at 25°C. (e) Provided that the test method is appropriate for the waste as required underclause (c) of this subparagraph, the department will determine compliance based on the test method used by the owner or operator as recorded pursuant to subparagraph (k)(6)(i) of this section. (iv) Use ofowner or operator knowledge to determine average VO concentration of a hazardous waste at the point ofwaste origination. (a) Documentation shall be prepared that presents the information used as the basis for the owner's or operator's knowledge of the hazardous waste stream's average VO concentration. Examples of information that may be used as the basis for knowledge include: material balances for the source or process generating the hazardous waste stream; constituent-specific chemical test data for the hazardous waste stream from previous testing that are still applicable to the current waste stream; previous testdata for other locations managing the same type of waste stream; or other knowledge based on information included in manifests, shipping papers, or waste certification notices. (b) 

### Iftest data are used as the basis for knowledge, then the owner or operator shall document the testmethod, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. Forexample, an owneroroperator may use organic concentration testdata for the hazardous waste stream that are validated in accordance with Method 301 in 40 CFRpart 63, appendix A, as incorporatedby reference in section 370.1 (e) ofthis Title, as the basis for knowledge ofthe waste.

(c) An owner or operator using chemical constituent-specific concentration test data

as the basis for knowledge of the hazardous waste may adjust the test data to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CPR pan 60, appendix A as incorporated by reference in section 370.l(e) of this Title. To adjust these data, the measured concentration for each individual chemical constituentcontained in the waste is multiplied by the appropriate constituent-specific adjustment factor (f m25D). (d) In the event that the commissioner and the owner or operator disagree on a determination of the average VO concentration for a hazardous waste stream using knowledge, then the results from a determination of average VO concentration using direct measurement as specified in subparagraph (iii) ofthis paragraph shall be used to establish compliance with the applicable requirements ofthis section. The commissioner may performorrequestthatthe owneroroperator perfonn this determination using direct measurement. The owner or operator may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements ofclause (iii)(c) ofthis paragraph.

6500.8 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(2) Waste determination procedures for treated hazardous waste.

(0 An owner or operator shall perform the applicable waste determination for each treated hazardous waste placed in a waste management unit exempted under the provisions of clauses (d)(3)(ii)(a) 

### through (j) 

### of this section from using air emission controls in accordance with standards specified in subdivisions (f) 

### through (i) 

### of this section, as applicable to the waste managementunit (a) An initial determination ofthe average VO concentration ofthe waste stream shall 

### be made before the first time any portion of the material in the treated waste stream is placed in a waste management unit exempted under the provisions of subparagraph (d)(3)(ii), (iii) or (iv) ofthis 

### sectionfrom using airemission controls, andthereafterupdate the informationused for the waste determination atleast once every 12 months following the date ofthe initial waste determination. (b) 

### Perform a new waste determination whenever changes to the process generating

or treating the waste stream are reasonably likely to 

### cause the average 

### VO concentration ofthe hazardous waste to increase to a level such that the applicable treatment conditions specified in subparagraph (d)(3)(ii), (iii) or (iv) ofthis section are not achieved. (ii) The owner or operator shall designate and record the specific provision in subparagraph (d)(3)(ii) ofthis section underwhich the waste determination is being performed. The waste determination for the treated hazardous waste shall be performed using the applicable procedures specified in applicable subparagraphs (iii) 

### through (ix) ofthis paragraph.

(iii) Procedure to determine the average VO 

### concentration ofa hazardous waste at the pOint ofwaste treatment. (a) 

### Identification. The owner or operator shall identify and record the point ofwaste treatment for the**haz3{~ous** 

### waste.

(b) 

### Sampling. Samples ofthe hazardous waste stream shallbe collected atthe pointof waste treatmentin amanner suchthat volatilization oforganics containedinthe waste and in the subsequent sample is minimized and an adequately representative sample is**col~** 

### lected and maintained for analysis by the selected method. (1) 

### The averaging period to be used for determining average VO 

### concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operatordetermines is appropriate for the hazardous waste stream but shall not exceed

one year.

(2) A sufficient number of samples, but no less than four samples, shall be collected and analyzed for ahazardous waste determination. All ofthe samples for a given waste determination shall be collected within a one-hour period. The average of the fourormore sample results constitutes a waste determination forthe waste stream. One

ormore waste determinations may be required to representthe completerange ofwaste compositions andquantities thatoccurduring the entire averaging period due to normal variations in the operating conditions for the process generating ortreating the hazardous waste stream. Examples ofsuch nonnal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.

(3) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss oforganics occurs throughout the samplecollection andhandling process, andby which sampleintegrityis maintained. A copy ofthe written sampling plan shall be maintained on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, as incorporated by reference in section 370.1(e) ofthis Title,

OJ-I5-2002 6500.9 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### or in Method 25D in 40 CFR 

### part 60, appendix A, as incorporated by 

### reference in section 370.1 (e) ofthis Title.



### (4) Sufficient infonnation, as specified in the site sampling plan required under subclause (3) ofthis clause, this clause, shall be prepared and recorded to 

### document the waste quantity represented by 

### the samples and, as applicable, the operating conditions for the process treating the hazardous waste represented by 

### the samples, (c) Analysis, Each 

### conected sample shall be prepared and analyzed in accordance with one or more of the methods listed in subclauses (1) 

### through (9) of this clause, including appropriate quality assurance and quality control (QNQC) 

### checks and use of targetcompounds for calibration. When the owneroroperator is making a waste determination for a treated hazardous waste that is to be compared to an average VO concentration atthe pointofwaste origination orthepointofwaste entry to the treatment system, to determine if the conditions of section (c)(3)(ii)(a) through if) 

### of this Part Or clauses (d)(3)(ii)(a) through (fJ 

### ofthis section are met, then the waste samples shall he prepared and analyzed using the same method or methods as were used in making the initial waste determinations at the point of waste origination or at the point of entry to the treatment system. IfMethod 25D in 40 CPR part 60, appendix A, as incorporated by reference in section 370.1(e) of this Title, is not used, then one or more of the methods Should be chosenthat are appropriate to ensure thatthe waste determination accounts for andreflects all organic compounds in the waste with Henry's Law constant values at least 0.1 molefraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 YIX) ( 

### which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3) 

### at 25°C. Each of the analytical methods listed in subclauses (2) through (7) 

### of this clause has an associated list of approved chemical compounds, for which the departmentconsiders the method appropriate for measurement. If

### an owneroroperatoruses EPA Method 624, 625,1624, or 1625 in 40 CPR part 136, appendix A, as incorporated by reference in section 370.l(e) of this Title, to analyze one or more compounds that are not on that method's published list, the alternative test procedure contained in 40 CFR 136.4 

### ancf 136.5 must be followed. If 

### an
owneror operatoruses EPA Method 8260 or 8270 in "Test Methods for Evaluating Solid Waste, PhysicallChemical Methods," EPA Publication SW-846, (as incorporated by reference in section 370.l[e] ofthis Title) to analyze one or more compounds that are not

on that method's published list, the procedures in subclause (8) of this clause must be followed. At the owner's or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D, to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzedusing Method 25D in 40 CFR, part 60, appendix A, as incorporated by reference in section 370.l(e) ofthis Title. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is mUltiplied by the appropriate constituent-specific adjustmentfactor (f m25D). If

### the owneroroperatorelects to adjusttest data, the adjustment must be made to all individual chemical constituents with a Henry's Law constant equal to orgreaterthan 0.1 YIX

### at 2SOC containedin the waste. Constituentspecific adjustmentfactors (f m25D) 

### canbe obtainedby contacting the Waste and Chemical Processes Group, Office ofAir Quality Planning and Standards, Research Triangle Park, NC 27711. (1) 

### Method 25D in 40 CFR part 60, appendix A, as incorporated by reference in section 370.I(e) ofthis Title.

(2) Method 624 in 40 CFR part 136, appendix A, as incorporated by reference in section 370.1 (c) ofthis Title.

(3) Method 625 in 40 CFR part 136, appendix A, as incorporated by reference in section 370.1(e) of this Title. Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 ofthe method. (4) Method 1624 in 40 CFR part 136, appendix A, as incorporated by reference in section 370.1(e) ofthis Title.

6500.10 ConservationCHAPTER IV QUALITY SERVICES 

### § 373-3.29

(5) Method 1625 in 40 CFR part 

### 136, appendix A, as incorporatedby 

### reference in section 370.1(e) ofthis Title.

(6) Method 8260in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 370.1(e) ofthis Title. Maintain a formal quality assurance program consistent with the require

### ments of Method 8260. The quality assurance program shall include the following elements: (i) documentation ofsite-specific procedures to minimize the loss ofcompounds 

### due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps; and

(ii) 

### measurement of the overall accuracy and precision of the specific procedures. (7) Method 8270 in "Test Method for Evaluating Solid Waste, Physical/Chemical 

### Methods," EPA Publication SW-846, as incorporated by reference in section 370.l(e) ofthis Title. Maintain a formal quality assurance program consistent with the requirements of Method 8270. The quality assurance program shall include the following elements: (i) 

### Documentation of site-specific procedures to 

### minimize the loss of compounds due to volatilization, biodegradation, reaction, or 

### sorption during the sample collection, storage, preparation, introduction, and analysis steps.

(ii) 

### Measurement of the overall accuracy and precision of the specific procedures. (8) 

### Any other EPA standard method that has been validated in accordance with "Alternative Validation Procedures for EPA Waste andWastewaterMethods," 40 CFR part63, appendix D, as incorporatedbyreference in section 370.1 (e) ofthis Title. As an alternative, otherEPA standardmethods may be validatedby the procedure specifiedin subclause (9) 

### ofthis clause.

(9) 

### Any other analysis method that has been validated in accordance with the procedures specifiedin section 5.1 or 

### 5.3, andthe corresponding calculations in section 6.1 or 6.3, ofMethod 301 in 40 CFR part 63, appendix A, as incorporatedby reference 

### in section 370.1(e) of this Title. The data are acceptable if they meet the criteria specifiedin section 6.1.5 or6.3.3 ofMethod 301. Ifcorrectionis requiredunder section 6.3.3 ofMethod 301, the data are acceptable ifthe correction factor is within the range 0.7 to 1.30. Other sections ofMethod 301 are notrequired. (d) 

### Calculations. The average VO 

### concentration 

## (el on a mass-weighted basis shall be calculated by using the results for all waste determinations conducted in accordance with clauses (b) 

### and (e) 

### ofthis subparagraph and the following equation:

Where:


## r;::;: Average VO 

### concentration ofthe hazardous waste at the pointofwaste treatmenton a mass-weighted basis, ppmw. i ::;:Individual waste detennination "i" ofthe hazardous waste.

n ::;: Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year). Qi

## =Mass quantity ofhazardous waste stream represented by Cj , 

### kg/hr. Qr::;: Total mass quantity ofhazardous waste during the averaging period, kglhr.

01-15-2002 6500.11 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### Cj 

## =Measured VO concentration ofwaste determination "i" as detennined in accordance with the requirements ofclause (c) 

### ofthis subparagraph, (i.e

.. the average ofthe four or
more samples specified in subclause [b

### ]f2] ofthis subparagraph), ppmw.

(e) 

### Provided that the test method is appropriate for the waste as required underclause (c) 

### ofthis subparagraph, compliance shall be detenninedbased on the testmethod used by the owner oroperator as recorded pursuant to subparagraph (k)(6)(i) ofthis section. (iv) Procedure to 

### determine the exit concentration limit (Ct) 

### for a treated hazardous waste. (a) 

### The point ofwaste origination for each hazardous waste treated by the process at the same time shall be 

### identified. (b) If

### a single hazardous waste stream is identifiedin clause (a) 

### ofthis subparagraph, then the exit concentration limit (et) 

### shall be 500 ppmw. (c) If 

### more than one hazardous waste stream is identified in clause (a) 

### of this subparagraph, then the average VO concentration ofeach hazardolls waste stream at the point of waste origination shall be determined in accordance with the requirements of paragraph (1) ofthis subdivision. The exit concentration limit (Ct) 

### shall be calculated by using theresults determinedforeachindividual hazardous waste stream andthe following equation:

Where: Ct = 

### Exit concentration limitfor treated hazardous waste, ppmw.

x = 

### Individual hazardous waste stream "x" that has an average VO concentration less than 500 ppmw at the point of waste origination as detennined in accordance with the requirements ofparagraph (1) ofthis subdivision.

y

## =Individual hazardous waste stream "y" that has an average VO concentration equal to or greaterthan 500ppmw atthepointofwaste origination as determinedin accordance withthe requirements ofparagraph (1) ofthis subdivision.

m

## =Total numberof"x" hazardous waste streams treated by process.

n

## =Total number of"y" hazardous waste streams treatedby process. 

## Ox

## =Annual mass quantity ofhazardous waste stream "x," kg/yr. 

### Oy

## =Annual mass quantity ofhazardous waste stream "y," kglyr. C:;X = 

### Average VO concentration of hazardous waste stream "x" at the point of waste origination as determined in accordance with the requirements of paragraph (1) of this subdivision, ppmw.

(v) Procedure to determine the organic reduction efficiency (R) for a treated hazardous waste. (a) 

### The organic reduction efficiency (R) for a treatment process shall be detennined based on results for a minimum ofthree consecutive runs. (b) 

### All hazardous waste streams entering the treatment process and all hazardous waste streams exiting the treatment process shall be identified. The owner or operator shall prepare a sampling plan for measuring these streams that accurately reflects the retention time ofthe hazardous waste in the process.

6500.12 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(c) 

### For each run, information shall be determined for each hazardous waste stream identified in clause (b) 

### ofthis subparagraph using following procedures: (1) 

### The mass quantity of each hazardous waste stream entering the process (Qb) 

### and the mass quantity ofeach hazardous waste stream exiting the process (Qa) shall be determined.

(2) The average 

## va concentration at the point ofwaste origination ofeach hazardous waste streamentering the process

## (CJ during the run shall 

### be determined in accordance with therequirements ofsubparagraph (1)(iii) ofthis subdivision. The 

### average VO 

### concentration at the point of waste treatment of each waste stream exiting the process (eli,) during the run shall 

### be determined 

### in accordance with the requirements ofsubparagraph (iii) ofthis paragraph.

(d) The waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea ) shall be calculated by using the results determined in accordance with clause (c) of this subparagraph and the following equations:



### Where: 

### E

a 

### =Waste volatile organic mass flow exitingprocess, kglhr. 

### E

b 

### = Waste volatile organic mass flow enteringprocess. kglhr.

m 

### = Total numberofrons (atIeast 3) j 

### =Individual run 

## 'T Q,=Mass quantity ofhazardous waste enteringprocess duringron "j,"

### kglhr. 

### Q. 

### =Average mass quantity ofhazardous wasteexiting process during run "j," 

### kglhr. 

## C

a

### = Average VO concentration ofhazardous waste exiting process during run 

## "i"

as determined in accordancewith the requirements ofsubparagraph (iii) 

### of this paragraph, ppmw. 

## C

b 

### = Average VO concentration ofhazardous waste entering process duringrun 

## 'Tas detennined in accordance with the requirements ofsubparagraph (l)(iii) 

### of thissubdivision, ppmw. (e) 

### The organic reduction efficiencyofthe process shall be calculatedbyusing the results detennined in accordancewithclause (d) 

### ofthis subparagraph and the following equation:

R= Eb-EaxlOOO/O Eb Where: R :;:;;: Organicreduction efficiency, percent. Eb :;;;Waste volatile organic mass flow entering process as detennined in accordance with the requirements ofclause (d) ofthis subparagraph, kglhr. Ea:;:;;: Waste volatile organic mass flow exiting process as determined in accordance with the requirements ofclause (d) ofthis subparagraph, kg/hr,

01-15-2002 6500.13 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### (vi) Procedure to determine the organic biodegradation efficiency (Rbio) 

### for a treated hazardous waste. (a) The fraction oforganics biodegraded (Fbio) shall be determined using the procc¥ 

### dure specified in 40 CFR part 63, appendix C, as incorporated by 

### reference in section 370.1 (e) ofthis Title.

(b) The (R"io) shall he calculated by using the following equation:

Where:
Rbio = Organic biodegradation efficiency, percent. Fbio

## =Fraction oforganic biodegraded as determined in accordance with the requirements of clause (a) ofthis subparagraph.

(vii) Procedure to determine the required organic mass removal ratc (RMR) for a treated hazardous waste. (a) All ofthe hazardous waste streams entering the treatment process shall be identified.

(b) The average VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements ofparagraph (1) ofthis subdivision.

(c) For each individual hazardous waste streamthat has an average VO concentration equal to or greaterthan 

### 500 ppmw at the point ofwaste origination, the average volumetric flow rate and the density ofthe hazardous waste stream at the point ofwaste origination shall be determined.

(d) The RMR shall be calculated by using the average VO concentration, average volumetric flow rate, and density determinedfor each individual hazardous waste stream, and the following equation:

Where: RMR (l:y

### -500 

### ppm",) ] 10'

RMR:::: Requiredorganic mass removal rate, kglhr. y 

# = Individual hazardous waste stream "y" thathas an average VO concentration equal to orgreaterthan 500ppmw atthe pointofwaste origination as determined in accordance with the requirements ofparagraph (1) of

### this subdivision.

n 

### =Total number of

### 'y' hazardous waste streams treated byprocess. Vy :::: Average volumetric flow rate ofhazardous waste stream "y" atthe pointof waste origination, m3 /hr, 

## 1<, ; Density ofhazardous waste stream 

### "y:' kg/m'. Cy :::: Average VO concentration ofhazardous waste stream "y" atthe pointofwaste origination as determined in accordance with the requirements ofparagraph (1) ofthis subdivision, ppmw,

(viii) Procedure to determine the actual organic mass removal rate (MR) for a treated hazardous waste. (a) The MR shall be determined based onresults for a minimum ofthree consecutive
runs, The sampling time for each run shall be one hour. (b) The waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea ) shallbe determinedin accordance with the requirements ofclause (v)(d) ofthis paragraph,

6500.14 Conservation 01-15·2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(c) The MR shall be calculated 

### by using the mass flow rate detennined in accordance with the requirements ofclause (b) ofthis subparagraph and the following equation: 

### MR=Eb - 

### E, Where:


### MR := 

### Actual organic mass removal rate, kg/hr.
Eb := Waste volatile organic mass flow entering process as detennined in accordance with the requirements ofclause (v)(d) ofthis paragraph, kglhr.
Ea := Waste volatile organic mass flow exiting process as determined in accordance with the requirements ofclause (v)(d) ofthis paragraph, kglhr. 

### (ix) Procedure to detennine the actual organic mass biodegradation rate (MRbio) 

### for a treated hazardous waste. (a) The MRbio shall be determined based on results for a minimum ofthree consecutive runs. The sampling time for each run shall be one hour. (b) The waste organic mass flow entering the process (Eb) shall be determined in accordance with the requirements ofclause (v)(d) ofthis paragraph.

(c) The fraction oforganic biodegraded (Fbio) shall be determinedusing the procedure specified in 40 CFR part 63, appendix C, as incorporatedby reference in section 370.1(e) ofthis Title. (d) The MRbio shallbe calculatedby using the mass flow rates and fraction oforganic biodegraded determined in accordance with the requirements of clauses (b) and (c), respectively, ofthis subparagraph and the following equation:
MRbio ;::;: Eb X F

### mo Where: MRbio ;::;: Actual organic mass biodegradation rate, kglhr. Eb = Waste organic mass flow entering process as determined in accordance with the requirements ofclause (v)(d) ofthis paragraph, kglhr. F

### mo = Fraction oforganic biodegraded as detennined in accordance with the requirements ofclause (c) ofthis subparagraph. (3) Procedure to determine the maximumorganic vaporpressure ofa hazardous waste in a tanle(i) An owner or operator shall determine the maximum organic vapor pressure for each

hazardous waste placed in a tank using Tank Level 1 controls in accordance with standards specifiedin paragraph (f)(3) ofthis section.

(ii) An owner or operator shall use either direct measurement as specified in**subpara~** graph (iii) ofthis paragraph orknowledge ofthe waste as specified by subparagraph (iv) of this paragraph to determine the maximum organic vapor pressure which is representative of the hazardous waste composition stored or treated in the tank.

(iii) Directmeasurementto determine the maximum organic vaporpressure ofa**hazard~** ous waste. (a) Sampling. A sufficient number ofsamples shall be collected to be representative ofthe waste contained in the tank. All samples shall be collected and handled in accordance with written procedures preparedby the owneroroperatorand documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste are collected suchthat a minimum loss oforganics occurs throughout the sample conection and handling process and by which sample integrity is maintained. A copy ofthe written sampling plan shall be maintained**on~site** in the facility operating records. An example ofan acceptable sampling plan includes aplan incorporating sample collection andhandling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, (as incorporatedby reference in section 370.1 [e) ofthis Title), orin Method 25D

01-15-2002 6500.15 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVAnON

in 40 CPR part 60, appendix A, as incorporated by reference in section 370.l(e) ofthis Title. (b) Analysis. Any appropriate one ofthe following methods may be used to analyze the samples and compute the maximum organic vapor pressure ofthe hazardous waste: (1) Method 25E in 40 CFR part 60 appendix A, as incorporated by reference in section 370.1 (e) ofthis Title;



### (2) methods described in American Petroleum Institute Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks," as incorporated by reference in section 370.1(e) ofthis Title; (3) methods obtained from standard reference texts; 

### (4) ASTM Method**2879~92,** 

### as incorporated by 

### reference in section 370.1(e) of this Title; and (5) any other method approved by the commissioner. (iv) Use ofknowledge to determine the maximumorganic vaporpressure ofthe hazardous waste. Documentation shall be prepared and recorded that presents the information used

as the basis for the owner's or operator's knowledge that the maximum organic vapor pressure of the hazardous waste is less than the maximum vapor pressure limit listed in clause (f)(2)(i)(a) of this section for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous waste is generated by a process for which at other locations it previously has been determined by direct measurement that the waste maximum organic vapor pressure is less than the maximum vaporpressure limit for the appropriate tankdesign capacity category. (4) Procedure for determining no detectable organic emissions for the purpose ofcomplying with this section: (0 The test shall be conductedin accordance with the procedures specifiedinMethod 21 of40 CPRpart 60, appendix A, as incorporatedby reference in section 370.1(e) ofthis Title. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall 

### be checked. Potential leak interfaces that are associated with covers and closure devices include, butare not limitedto: the interface ofthe

cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure relief valve.

(ii) The test shall 

### be performed when the unit contains a hazardous waste having an organic concentration representative ofthe range ofconcentrations for the hazardous waste expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position.

(iii) The detection instrument shall meet the performance criteria of Method 21 of 40 CPR part 60, appendix A, as incorporated by reference in section 370.l(e) of this Title, exceptthe instrumentresponse factorcriteriain section 3.1.2(a) ofMethod 21 shallbe forthe average composition ofthe organic constituents in the hazardous waste placed in the waste management unit, not for each individual organic constituent. (iv) The detection instrument shall be calibratedbefore use on each day ofits use by the procedures specified in Method 21 of 40 CFR part 60, appendix A, as incorporated by reference in section 370.1 (e) ofthis Title.

(v) Calibration gases shall be as follows:

(a) zero air (less than 10 ppmv hydrocarbon in air); and (b) a mixture ofmethane or n-hexane and air at a concentration ofapproximately, but less than 10,000 ppmv methane or n-hexane. (vi) The backgroundlevel shall be determined according to the procedures inMethod 21 of40 CPRpart 60, appendix A, as incorporatedby reference in section 370.1(e) ofthis Title.

6500.16 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(vii) Each potentia11eak interface shall be checked 

### by traversing the instrument probe around the potential leak 

### interface as close to the interface as possible, as described in Method 21 of40 CFR part 60, appendix A, as incorporated by 

### reference in section 370.1(c) of this Title. In the case when the configuration ofthe cover or closure device prevents a complete traverse ofthe interface, all accessible portions ofthe interface shall be sampled. In the case when the configuration ofthe closure device prevents any sampling at the interface 

### and the device is equipped with an enclosed extension or horn (e.g., 

### some pressure relief devices), the instrumentprobe inlet shall be placed at approximately the centerofthe exhaust



### area to the atmosphere.

(viii) The arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of500 ppmv except when monitoring aseal around arotating shaftthatpasses through acoveropening, in which casethe comparison shall be as specifiedin subparagraph (ix) ofthis paragraph. If

### the difference is less than 500 ppmv, then the potential leak interface is determined to operate with no detectable organic emissions.

(ix) For the seals around a rotating shaft that passes through a cover opening, the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of 10,000 ppmw. Ifthe difference is less than 10,000 ppmw, then the potential leak interface is determined to 

### operate with no detectable organic emissions. (f) 

### Standards: tanks.

(1) Theprovisions ofthis section apply to the control ofairpollutantemissions from tanks for which paragraph (d)(2) of this section references the use of this subdivision for such air emission control.

(2) The owner or operator shall control air pollutant emissions from each tank subject to this subdivision in accordance with following requirements, as applicable: (i) 

### For a tank

### that manages hazardous waste that meets all ofthe conditions specified in clauses (a) 

### through (c) 

### ofthis subparagraph, the owneroroperatorshall control airpollutant emissions from the tank

### in accordance with the TankLevell controls specified in paragraph (3) ofthis subdivisionorTankLevel 2controls specifiedinparagraph (4) ofthis subdivision. (a) 

### The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows: (1) 

### For a tank design capacity equal to 

### or greater than 151 m3, the maximum organic vaporpressure limit for the tank is 5.2 kPa.

(2) For a tank design capacity equal to or greaterthan 75 m3 

### but less than 151 m3

, 

### the maximum organic vapor pressure limit for the tankis 27.6 kPa. (3) For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit forthe tank is 76.6kPa. (b) 

### The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure ofthe hazardous waste is determined for the purpose ofcomplying with clause (a) 

### ofthis subparagraph.

(c) 

### The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in subdivision (b) ofthis section. (ii) For a tank that manages hazardous waste that does not meet all ofthe conditions specified in clauses (a) 

### through (c) 

### ofthis subparagraph, the owneror operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements ofparagraph (4) ofthis subdivision. Examples oftanks required to use Tank Level 2 controls include: a tank used for a waste stabilization process; and a tank 

### for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or

01-15-2002 6500.17 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in clause (i)(a) ofthis paragraph. (3) Owners and operators controlling airpollutantemissions from atank using Tank Level 

### 1 controls shall meet the requirements specified in subparagraphs (i) 

### through (iv) of this paragraph: (i) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using TankLevel 1 controls before the first time 

### the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determinedusing the procedures specified in paragraph (e)(3) ofthis section. Thereafter, the

owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level thatis equal to or greater than the maximum organic vaporpressure limit for the 

### tank. design capacity category specified in clause (2)(i)(a) of this subdivision, as applicable to tbe tanle

(ii) The tank shall be equipped with a fixed roof designed to meet the following specifications: (a) The fixed roof and its closure devices shall be designed to form a continuous barrieroverthe entire surface area ofthe hazardous waste in the tank. The fixed roofmay be a separate coverinstalled on the tank (e.g., aremovable covermounted on an open-top tank) ormay be an integral partofthe tank structural design (e.g., a horizontal cylindrical tank equipped with a batcb).

(b) The fixed roofshall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof sectionjoints or between the interface of the roofedge and the tank wall.

(c) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either: -" (1) equipped with a closure device designed to operate such that when the closure device is secured in the closedpositionthere are no visible cracks, holes, gaps, orother open spaces in the closure device or between the perimeter of the opening and the closure device; or

(2) connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in items (i) and (ii) ofthis subclause. (i) During periods itis necessary to provide access to the tankfor perfonning the activities ofitem (ii) ofthis subclause, venting ofthe vaporheadspace underneath the fixed roof to the control device is not required, opening of the closure devices is allowed and removal of the fixed roof is allowed. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as acceptable, and resume operation of the control device.

(ii) During periods ofroutine inspection, maintenance, orother activities needed for normal operations, and for the removal ofaccumulated sludge or other residues from the bottom ofthe tank. (d) The fixed roofand its closure devices shall be made ofsuitable materials that will minimize exposure ofthe hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity ofthe fixed roofand closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixedroofand closure devices shall include: organic vaporpermeability, the effects ofany contact with the hazardous waste or its vapors managed in the tank; the effects ofoutdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roofis installed.

6500.18 Conservation Ot-15·2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(iii) 

### Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows: (a) 

### Opening of the closure devices or removal of the fixed roof is allowed at the following times: (1) 

### To provide access to the tank for performing routine inspection, maintenance,

or other activities needed for normal operations. Examples of such activities include those times when a workerneeds to open aportto sample the liquid in the tank, orwhen

a worker needs to open a hatch to maintain or repair equipment Following completion 

### of the activity, the owner or operator shall promptly secure the closure device in the closed position orreinstall the cover, as applicable, to the tank.

(2) To remove accumulated sludge orotherresidues from the bottom ofthe tank (b) Opening of a spring.loaded pressure·vacuum reliefvalve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose ofmaintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such thatthe device remains in the closedposition wheneverthe tank internal pressure is within the internal pressure operat· ing rangedeterminedby the owneroroperatorbased on the tankmanufacturerrecommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling offlammable, ignitable, explosive, reactive, orhazardous materials. Examples ofnormal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as aresult ofloading operations

ordiurnal ambient temperature fluctuations.

(c) Opening ofa s'afety device, as defined in subdivision (b) ofthis section, is allowed at any time conditions require doing so to avoid an unsafe condition. (iv) The owner or operator shall inspect the air emission control equipment in accor· dance with the following requirements. (a) The fixed roofand its closure devices shall be visually inspected by the owner or operator to check for defects that could result in airpollutant emissions. Defects include, but are notlimited to, visible cracks, holes, orgaps in the roofsections orbetweenthe roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, orotherclosure devices.

(b) The owneror operator shall perform an initial inspection ofthe fixed roofand its closure devices on or before the date that the tank becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year exceptunderthe special conditions provided for in paragraph (12) ofthis subdivision. (c) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofparagraph (11) ofthis subdivision. (d) The owneroroperator shall maintain arecord ofthe inspectionin accordance with the requirements specified in paragraph (k)(2) ofthis section. (4) Owners and operators controlling airpollutantemissions from a tankusing TankLevel 2 controls shall use one ofthe following tanks: (i) a fixed·roof tank equipped with an internal floating roof in accordance with the requirements specified in paragraph (5) ofthis subdivision;

(ii) a tank equipped with an external floating roofin accordance with the requirements specified in paragraph (6) ofthis subdivision;

(iii) a tank vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (7) ofthis subdivision;

(iv) a pressure tank designed and operated in accordance with the requirements speci· fied in paragraph (8) ofthis subdivision; or

01-15-2002 6500.19 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### (v) a tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in paragraph (9) ofthis subdivision. (5) The owner or operator who controls air pollutant emissions from a tank using a fixedroof with 

### an internal floating roof shall meet the requirements specified in subparagraphs (i) through (iii) ofthis paragraph. (1) 

### The tank 

### shall be equipped with a fixed roof and an internal floating roofin accordance with the following requirements: (a) 

### The internal floating roof shall be designed to float on the liquid surface except when the floating roofmustbe supported by the leg supports. (b) 

### The internal floating roof shall be equipped with a continuous seal between the wall ofthetankandthe floating roofedgethatmeets eitherofthe followingrequirements: (1) 

### a single continuous seal that is either a liquidHmounted seal or a metallic shoe seal, as defined in subdivision (b) ofthis section; or

(2) two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seaL (c) 

### The internal floating roofshall meet the following specifications:

(1) 

### Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuumbreaker vents) and the rim space vents is to provide a projection below the liquid surface. (2) Each opening in the internal floating roof shall be equipped with a gasketed

cover or gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells and stub drains.

(3) Each penetration ofthe internal floating rooffqr the purpose ofsampling shall have a slit fabric cover that covers at least90 percent ofthe opening. (4) Each automatic bleeder vent and rim space vent shall be gasketed. (5) Eachpenetration ofthe internal floating roofthat allows forpassage ofaladder shall have a gasketed sliding cover.

(6) 

### Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover. (ii) 

### The owner or operator shall operate the tank in accordance with the following requirements: (a) 

### When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practicaL (b) 

### Automatic bleeder vents are to be setclosed at all times when the roofis floating, except when the roofis being floated offor is being landed on the leg supports. (c) 

### Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., 

### no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting. (iii) The owneror operator shall inspectthe internal floating roofin accordance withthe procedures specified as follows: (a) 

### The floating roofand itsclosure devices shall be visually inspected by the owner
or operator to 

### check for defects that could result in air pollutant emissions. Defects include, but are notlimitedto: the internal floating roofis not floating onthe surface ofthe liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion ofthe roof seals have detached from the roofrim; holes, tears, or other openings

6500.20 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

are visible in the seal fabric; the gaskets no longer close offthe hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.

(b) 

### The owner or operator shall inspect the internal floating roof components as follows except as provided in clause (c) ofthis subparagraph: (1) Visually inspect the internal floating roofcomponents through openings on the fixed-roof (e.g., manholes and roofhatches) at least once every 12 months after initial fill.

(2) Visually inspect the internal floating roof, primary seal, secondary seal 

### (ifone is in service), gaskets, slottedmembranes, and sleeve seals (ifany) each time the tankis emptied and degassed and at least every 10 years. (c) As an alternative to perfonning the inspections specified in clause (b) of this subparagraph for an internal floating roof equipped with two continuous seals mounted

one above the other, the owneror operator may visually inspectthe internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (ifany) each time the tank is emptied and degassed and at least every five years.

(d) Prior to each inspection required by clause (b) or (c) of this subparagraph. the

owner or operator shall notify the commissioner in advance ofeach inspection to provide the commissioner with the opportunity to have an observer presentduring the inspection. The owner or operator shall notify the commissioner of the date and location of the inspection as follows: (1) Priorto each visual inspection ofan internal floating roofin atankthathas been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the commissioner at least 30 calendar days before refilling the tank except when an inspection is notplanned as provided for in subclause (2) 

### ofthis clause. ','

(2) When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner
or operator shall notify the commissioner as soon as possible, but no later than seven calendar days before refilling ofthe tank. This notification may be made by telephone andimmediately followedby awritten explanationfor why the inspectionis unplanned. Alternatively, written notification. including the explanation for the unplanned inspection, may be sent so thatitis received by the commissioner at least seven calendardays before refilling the tank (e) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofparagraph (11) ofthis subdivision. if) The owneroroperator shall maintain a record ofthe inspectionin accordance with the requirements specified in paragraph (k)(2) ofthis section. (iv) Safety devices, as defined in subdivision (b) ofthis section, may be installed and operated as necessary on any tank complying with the requirements ofthis paragraph. (6) The owner or operator who controls air pollutant emissions from a tank using an external floating roofshall meetthe requirements specifiedin subparagraphs (i) through (iii) of this paragraph. (i) The owner or operator shall design the external floating roofin accordance with the following requirements: (a) The external floating roof shall be designed to float on the liquid surface except when the floating roofmust be supportedby the leg supports.

(b) The floating roof shall be equipped with two continuous seals, one above the other, between the wall ofthe tank: and the roofedge. The lower seal is referred to as the primary seal. and the upper seal is referred to as the secondary seal. (1) The primary seal shall be a liquid-mounted seal or a metallic shoe seal. as defined in subdivision (b) ofthis section. The total area ofthe gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm2) per meter of

0],]5-2002 6500.21 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### tank diameter, and the width ofany portion ofthese gaps shall not exceed 3.8**ccntime~** 

### tefs (em). Ifa metallic shoe seal is used for

### the primary seal, the metallic shoe seal shall be designed so thatonc endextends into the liquidin the tank and the otherend extends

a vertical distance ofat least 61 centimeters above the liquid surface.



### (2) The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall ofthe tank. 

### The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm2) 

### per meterofthe tank diameter, and the width ofany portion ofthese gaps shall not exceed 1.3 centimeters (em). (c) The external floating roof shall meet the following specifications:

(1) 

### Exceptfor automatic bleedervents (vacuumbreakervents) andrim space vents, each opening in a noncontactexternal floating roofshall provide aprojection below the liquid surface.

(2) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roofshall be equipped with a gasketed cover, seal orlid.

(3) Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted orfastened when the cover is secured in the closed position.

(4) Each automatic bleeder vent and each rim space vent shall be equipped with a 

### gasket.

(5) Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric coverthatcovers atleast90percentofthe area ofthe opening.

(6) 

### Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.

(7) 

### Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole,

(8) Each slotted guide pole shall be equipped with a gasketed float orother device which closes offthe liquid surface from the atmosphere.



### (9) Each gauge hatch and each sample well shall be equipped with a gasketed

cover. (ii) 'The owner or operator shall operate the tank in accordance with the following requirements: (a) 

### When the floating roof is resting on the leg supports, the process of filling, emptying, orrefilling shall be continuous and shall be completed as soon as practical. (b) 

### Except for automatic bleeder vents, rim space vents, roofdrains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.

(c) 

### Covers on each access hatch and each gauge float well shall be bolted orfastened when secured in the closed position,

(d) 

### Automatic bleeder vents shall be set closed at all times when the roofis floating, except when the roofis being floated offoris being landed on the leg supports.

(e) 

### Rim space vents shall be set to open only at 

### those times that the roof is being floated offthe roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.

if) 

### The cap on the end of each unslotted guide pole shall be secured in the closed position at all times exceptwhen measuring the level orconecting samples ofthe liquid in the tank.

(g) 

### The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well mustbe opened for access.

6500.22 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(h) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall ofthe tank in a continuous fashion except during inspections. (iii) The owneroroperator shall inspectthe external floating roofin accordance with the procedures specified as follows: (a) 

### The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements: (1) The owner or operator shall perform measurements ofgaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation ofthe floating roofand, thereafter, atleastonce every five years,

(2) The owner or operator shall perform measurements ofgaps between the tank wall and the secondary seal within 60 calendar days after initial operation ofthe tank following installation ofthe floating roofand, thereafter, atleast once every year.

(3) If a tank ceases to hold hazardous waste for a period of one year or more, subsequent introduction ofhazardous waste into the 

### tank shall be considered an initial operation for the purposes ofsubclauses (1) and (2) ofthis clause.

(4) The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individUally using the following procedure: (i) The seal gap measurements shall be performed at one or more floating roof levels when the roofis floating offthe roof supports.

(ii) Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a**0.32~centimeter** (em) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall ofthe tank apd measure the circumferential distance ofeach such location.

(iii) Fora seal gap measured underthis subparagraph, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance, (iv) The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameterofthe tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in clause (i)(b) ofthis paragraph. (5) In the eventthatthe seal gap measurements do notconfonnto the specifications in clause (i)(b) of this paragraph, the owner or operator shall repair the defect in accordance with the requirements ofparagraph (11) ofthis subdivision.

(6) The owner or operator shall maintain a record ofthe inspection in accordance with the requirements specified in paragraph (k)(2) ofthis section. (b) The owner or operator shall visually inspect the external floating roofin accordance with the following requirements: (1) The floating roof and its closure devices shall be visually inspected by the

owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion ofthe floating roofdeckbeing submerged below the surface ofthe liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or otherclosure devices.

(2) The owner or operator shall perform an initial inspection ofthe external floating roof and its closure devices on or before the date that the tank becomes subject to this subdivision, Thereafter, the owneroroperator shall performthe inspections atleast

01-15-2002 6500.23 Conservation

### § 

### 373-3.29 TITLE6 ENVIRONMENTAL CONSERVATION

once every year except for the special conditions provided for in paragraph (12) ofthis subdivision.



### (3) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofparagraph (11) ofthis subdivision.



### (4) The owner or operator shall maintain a record ofthe inspection in accordance with the requirements specifiedin paragraph (k)(2) ofthis section. (c) 

### Prior to each inspection required by clause (a) 

### or (b) 

### of this subparagraph, the

owneroroperator shall notify the commissionerin advance ofeach inspection to provide the commissioner with the opponunity to have an observer present during the inspection. The owner or operator shall notify the commissioner of the date and location of the inspection as follows: (1) Prior to each inspection to measure external floating roofseal gaps as required underclause (a) ofthis subparagraph, written notification shall be prepared and sentby the owner or operator so that it is received by the commissioner at least 30 calendar days before the date the measurements are scheduled to be performed.

(2) Prior to each visual inspection ofthe external floating roof in a tank that has beenemptied and degassed, written notification shallbe prepared and sentby the owner
or operator so that it is received by the commissioner at least 30 calendar days before refilling the tank except when an inspection is notplanned as provided for in subclause (3) 

### ofthis clause.

(3) When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner
or operator shall notify the commissioner as soon as possible, but no later than seven calendar days before refilling ofthe tank. This notification may be made by telephone andimmediately followed by awritten explanationfor why theinspectionis unplanned. Alternatively, written notification, including the explanation for the unplanned**inspec~** tion, may be sent so thatit is receivedby the commissioneratleast seven calendardays before refilling the tank. (iv) Safety devices, as defined in subdivision (b) ofthis section, may be installed and operated as necessary on any tank complying with the requirements ofthis paragraph. (7) The owneror operatorwho controls air pollutant emissions from a tank by venting the tankto acontrol device shall meetthe requirements specified in subparagraphs (i) through (iii) 

### ofthis paragraph. (i) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements: (a) The fixed roof and its closure devices shall be designed to fonn a continuous barrier over the entire surface area ofthe liquid in the tank. (b) Each opening in the fixed roofnot vented to the control device shall be equipped with a closure device. 

### Ifthe pressure in the vapor headspace underneath the fixed roofis less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or otheropen spaces in the closure device

orbetweenthe perimeterofthe coveropening and the closure device. Ifthe pressurein the vaporheadspace underneath the fixed roofis equal to orgreaterthan atmospheric pressure when the control device is operating, the closure device shall be designed to operate with

no detectable organic emissions.

(c) The fixed roofand its closure devices shall be made ofsuitable materials that 

### will minimize exposure ofthe hazardous waste to the atmosphere, to the extent practical, and 

### will maintain the integrity ofthe fixed roofand closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roofand closure devices shallinclude: organic vaporpermeability, the effects ofany contact with the liquid and its vapor managed in the tank; the effects ofoutdoorexposure

6500.24 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

to wind, moisture, and sunlight; and the operating practices used forthe tank on which the fixed roofis installed. (d) 

### The**closed~vent** 

### system and control device shall be designed and operated in accordance with the requirements ofsubdivision (i) ofthis section. (ii) Whenever ahazardous waste is in the tank, the fixed roofshall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roofvented to the control device except as follows: (a) Venting to the control device is not required, and opening ofclosure devices or removal ofthe fixed roofis allowed at the following times: (1) 

### To provide access to the tank 

### for perfonning routine inspection, maintenance,

or other activities needed for normal operations. Examples of such activities include those times when a workerneeds to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain orrepairequipment. Following completion of the activity, the owneroroperator shall promptly secure the closure device in the closed position orreinstall the cover, as applicable, to the tank.

(2) To remove accumulated sludge or other residues from the bottom ofa tank. (b) Opening ofa safety device, as defined in subdivision (b) ofthis section, is allowed at any time conditions require doing so to avoid an unsafe condition. (iii) The owneroroperator shall inspect and monitorthe airemission control equipment in accordance with the following procedures: (a) The fixed roofand its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are notlimitedto, visible cracks, holes, orgaps in the roofsections orbetween the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken

# ofmissing hatches, access covers, caps, or other closure devices.

(b) The closed-vent system and control device shall be inspected and monitored by the owneroroperatorin accordance with the procedures specifiedin subdivision (i) ofthis section.

(c) The owner or operator shall perform an initial inspection of the air emission control equipment on orbefore the date that the tank becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year exceptfor the special conditions provided for in paragraph (12) ofthis subdivision. (d) In the eventthat a defect is detected, the owneroroperator shall repair the defect in accordance with the requirements ofparagraph (11) ofthis subdivision.

(e) The owneroroperator shall maintain arecord ofthe inspectionin accordance with the requirements specified in paragraph (k)(2) ofthis section. (8) The owner or operator who controls air pollutant emissions by using a pressure tank shall meetthe following requirements: (i) The tank shall be designed notto ventto the atmosphere as aresultofcompression of the vaporheadspace in the tank during filling ofthe tank to its design capacity.

(ii) All tankopenings shallbe equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in paragraph (e)(4) ofthis section.

(iii) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either ofthe following conditions

as specified in clause (a) or (b) ofthis subparagraph: (a) at those times when opening of a safety device, as defined in subdivision (b) of this section, is required to avoid an unsafe condition; and

(b) at those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of subdivision (i) ofthis section.

01-15-2002 6500.25 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### (9) The owner or operator who controls air pollutant emissions by 

### using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subparagraphs (i) 

### through (iv) ofthis paragraph. (0 The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in " Procedure T-Criteria for and Verification ofa Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B, as incorporated 

### by reference in section 370.1(e) ofthis Title. The enclosure may have permanent or temporary openings to allow worker access; passage ofmaterial into or out ofthe enclosure by 

### conveyor, vehicles, or other mechanical means; entry ofpermanent mechanical or electrical equipment; or direct airflow into the enclosure, The owner or operator shall perform the verification procedure for the enclosure

as specifiedin section 5.0 to "Procedure T-Criteria for and Verification ofa Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.

(ii) The enclosure shall be vented through a closed-vent systemto an enclosed combustion control device thatis designed and operatedin accordance withthe standards for eithera vapor incinerator, boiler, or process heater specified in subdivision (i) ofthis section.

(iii) Safety devices, as defined in subdivision (b) ofthis section, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements ofsubparagraphs (i) and (ii) 

### ofthis paragraph.

(iv) The owneroroperatorshall inspect and monitorthe closed-vent system and control device as specified in subdivision (i) ofthis section. (10) The Owneroroperator shall transferhazardous waste to a tank subject to this subdivision in accordance with the following requirements: (i) Transfer ofhazardous waste, except as provided in subparagraph (ii) of this paragraph, to the tank from another tank subject to this subdivision or from a surface impoundment subject to subdivision (g) of this section shall be conducted using continuous hardpiping or another closed system that does not allow exposure ofthe hazardous waste to the atmosphere. Forthe purpose ofcomplying with this provision, an individual drain system is considered to be a closed system when itmeets the requirements of40 CPR part63, subpart RR-National Emission Standards for Individual Drain Systems, as incorporated by reference in section 370, lee) ofthis Title.

(ii) The requirements ofsubparagraph (i) 

### ofthis paragraph do not apply when transferring a hazardous waste to the tank under any ofthe following conditions: (a) 

### The hazardous waste meets the average VO 

### concentration conditions specified in subparagraph (d)(3)(i) ofthis section at the point ofwaste origination, (b) 

### The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in subparagraph (d)(3)(ii) ofthis section. (c) 

### The hazardous waste meets the requirements of subparagraph (d)(3)(iv) of this section. (11) The owner or operator shall repair each defect detected during an inspection perfonned in accordance with the requirements ofsuhparagraph (3)(iv). (5)(iii). (6)(iii). or (7)(iii) ofthis subdivision as follows: (i) The owneroroperator shall make first efforts atrepairofthe defectno laterthan five calendar days after detection, and repair shall be completed as Soon as possible but no later than 45 calendar days after detection except as provided in subparagraph (i1) 

### of this**para~** 

### graph.

(ii) Repairofa defect may be delayedbeyond 45 calendar days ifthe owneror operator determines thatrepair ofthe defect requires emptying ortemporary removal from service of the tank and no alternative tank capacity is available atthe site to acceptthe hazardous waste normally managed in the tank. In this case, the owner oroperator shall repair the defect the nexttime the process orunitthatis generating thehazardous waste managedinthetank stops

6500.26 Conservation**OI~I5~2002**CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

operation. Repair of the defect shall be completed before the process or unit resumes operation. (12) Following the initial inspection and monitoring of the cover as required by the applicable provisions ofthis section, subsequent inspection and monitoring may be performed at intervals longer than ODC year under the following special conditions: (i) 

### In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner oroperatormay designate

a cover as an "unsafe to inspect and monitor cover" and comply with all ofthe following 

### requirements: (a) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect orto monitor, ifrequired. (b) Develop and implement a written plan and schedule to inspect and monitor the
cover, using the procedures specified in the applicable subdivision of this section, as frequently as practicable during those times when a workercan safely access the cover. (ii) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions ofthis subdivision, only those portions ofthe tankcoverand those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface. (g) 

### Standards: surface impoundments. (1) The provisions ofthis subdivision apply to the control ofair pollutant emissions from surface impoundments for which paragraph (d)(2) of this section references the use ofthis subdivision for such air emission control.

(2) The owner or operator shall control air pollutant emissions from the surfaceimpoundment by installing and operating either ofthe following: (i) a floating membrane cover in accordance with the provisions specified in paragraph (3) ofthis subdivision; or

(ii) acoverthatis vented through aclosed-vent systemto a control device in accordance with the requirements specified in paragraph (4) ofthis subdivision. (3) The owner or operator who controls air pollutant emissions from a surface impoundment using afloating membrane cover shall meetthe requirements specified in subparagraphs (i) through (iii) ofthis paragraph. (i) The surface impoundment shall be equipped with a floating membrane cover designed to meetthe following specifications: (a) The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrieroverthe entire surface area ofthe liquid. (b) The cover shall be fabricated from a synthetic membrane material thatis either:

(1) high density polyethylene (HDPE) with athickness no less than 2.5 millimeters (rum); or

(2) a material oracomposite ofdifferent materials determinedto haveboth organic permeability properties that are equivalent to those ofthe material1isted in subclause (1) of this clause and chemical and physical propenies that maintain the material integrity for the intended service life ofthe material. (c) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or otheropen spaces between cover section seams orbetweenthe interface of the cover edge and its foundation mountings. (d) Except as provided for in clause (e) of this subparagraph, each opening in the floating membrane cover shall be equipped with aclosure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter ofthe

coveropening and the closure device.

01-15-2002 6500.27 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) The floating membrane covermay be equipped with ooc ormore emergency cover 

### drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric coverthat covers at least 90 percent ofthe area ofthe opening or
a flexible fabric sleeve seal. (j) 

### The closure devices shall be made of suitable materials that 

### will minimize exposure ofthe hazardous waste to the atmosphere, to 

### the extent practical, and will 

### maintain the integrity ofthe closure devices throughout their intended service life. Factors to be 

### considered when selecting the materials of construction and designing the cover and closure devices shall include: organic vapor permeability; the effects ofany contact with 

### the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane coveris installed. (li) 

### Whenever a hazardous waste is inthe surface impoundment, the floating membrane

cover shall float on the liquid andeach closure device shallbe secured in the closed position except as follows: (a) 

### Opening of closure devices or removal of the cover is allowed at the fonowing times: (1) 

### To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for nonnal operations. Examples of such activities includethose times when a workerneeds to open aportto samplethe liquid in the surface impoundment, orwhen a workerneeds to open a hatch to maintain orrepair equipment. Following completion ofthe activity, the owner or operator shall promptly replace the coverand secure the closure device in the closed position, as applicable.

(2) To remove accumulated sludge or other residues from the bottom of surface impoundment. (b) 

### Opening ofa safety device, as definedin subdivisiOn (b) ofthis section, is allowed at any time conditions require doing so to avoid an unsafe condition.

(c) 

### The hazardous waste meets the requirements of subparagraphs (d)(3)(iv) ofthis section. (iii) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures: (a) 

### The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section

seams or between the interface ofthe cover edge and its foundation mountings; broken, cracked, orotherwise damaged seals orgaskets on closure devices; and broken or missing hatches, aCCess covers, caps, orother closure devices. (b) 

### The owner or operator shall perfonn an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this subdivision. Thereafter, the owner or operator shall perfonn the inspections at least once every year except for the special conditions provided for in paragraph (7) ofthis subdivision.

(c) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofparagraph (6) ofthis subdivision. (d) 

### The owneroroperatorshall maintain arecord ofthe inspection in accordance with the requirements specified in paragraph (k)(3) ofthis section. (4) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified SUbparagraphs (i) through (iii) ofthis paragraph. 

### (i) The surface impoundment shall be covered by a cover and vented directly through a**closed~vent** 

### system to a control device in accordance with the following requirements:

6500.28 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(a) 

### The cover and its closure devices shall be designed to fonn a continuous barrier

over the entire surface area ofthe liquid in the surface impoundment.

(b) 

### Each opening in the covernot vented to the control device shall be equipped with

a closure device, Ifthe pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter ofthe cover opening and the closure device. Ifthe pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designedto operate with

no detectable organic emissions using the procedure specified in paragraph (e)(4) ofthis section.

(c) The cover and its closure devices shall be made of suitable materials that will minimize exposure ofthe hazardous waste to 

### the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: organic vapor penneability; the effects ofany contact with the liquid or its vapors managed in the surface impoundment; the effects ofoutdoor exposure to wind, moisture, and sunlight; and the operating**prac~** 

### tices used for the surface impoundment on which the coveris installed. (d) 

### The**c1osed~vent** 

### system and control device shall be designed and operated in accordance with the requirements ofsubdivision 0) ofthis section. (ii) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover veifledto the control device except as follows: (a) 

### Venting to 

### the control device is not required, and opening ofclosure devices or removal ofthe coveris allowed at the following times: (1) 

### To provide access to the surface impoundment for perfonning routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities includethose times when a workerneeds to open aponto sample liquidinthe surface impoundment, or when a worker needs to open a hatch to 

### maintain or repair equipment. Following completion ofthe activity, the owner or operator shall promptly

secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.

(2) To remove accumulated sludge orotherresidues from the bottomofthe surface impoundment (b) 

### Opening ofa safety device, as definedin subdivision (b) 

### ofthis section, is allowed at any time conditions require doing so to avoid an unsafe condition.

(c) 

### The hazardous waste meets the requirements of subparagraph (d)(3)(iv) of this section. (iii) The owneroroperator shall inspectand monitorthe airemission control equipment in accordance with the following procedures: (a) 

### The surfaceimpoundmentcoverandits closure devices shallbe viSUally inspected by the owner oroperator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section

seams or between the interface ofthe cover edge and its foundation mountings; broken, cracked, orotherwise damaged seals orgaskets on closure devices; andbroken or missing hatches, access covers, caps, or otherclosure devices.

(b) 

### The**closed~vent** 

### system and control device shall be inspected and monitored by the owneroroperatorin accordance withthe procedures specifiedin subdivision (i) ofthis section.

0l-l5-2002 6500.28. Conservation

### § 373-3.29 TITLE6 ENVIRONMENTAL CONSERVATION

(c) 

### The owner or operator shall perform an initial inspection of the air emission control equipmenton orbefore the date thatthe surface impoundment becomes subjectto 

### this subdivision. Thereafter, the owner or operator shall perform the inspections at least

once every year except for the special conditions provided for in paragraph (7) of this subdivision.

(d) In the event that a defect is detected, the owneror operator shall repair the defect in accordance with the requirements ofparagraph (6) ofthis subdivision. (e) The owneroroperator shall maintain arecord ofthe inspectionin accordance with the requirements specified in paragraph (k)(3) ofthis section. 

### (5) The owneroroperatorshall transfer hazardous waste to 

### a surface impoundment subject
to 

### this subdivision in accordance with the following requirements: (i) 

### Transfer of hazardous waste, except as provided in subparagraph (ii) of this paragraph, to 

### the surface impoundment from another surface impoundment SUbject to this subdivision orfrom atank subject to subdivision (f) 

### ofthis section shall be conducted using continuous hard-piping oranotherclosed systemthatdoes notallow exposure ofthe waste to the atmosphere. Forthepurpose ofcomplying withthis provision, anindividual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, SUbpartRR

- National Emission Standards forIndividualDrain Systems, as incorporatedby reference in section 370.1 (e) ofthis Title. (ii) The requirements ofsubparagraph (i) 

### ofthis paragraph do not apply when transfer· ring ahazardous waste to 

### the surface impoundmentundereitherofthe following conditions: (a) 

### The hazardous waste meets the average VO 

### concentration conditions specified in subparagraph (d)(3)(i) ofthis section at the point ofwaste origination.

(b) 

### The hazardous waste has been treated by an organic destruction or removal process to meetthe requirements in 

### subparagraph (d)(3)(ii) ofthis section. (6) The owneror operator shall repaireach defectdetected'during aninspectionperfonned in 

### accordance with the requirements ofsUbparagraph (3)(i1O 

### or (4)(iii) ofthis subdivision as follows: (i) The owneroroperator shall make first efforts atrepairofthe defect no laterthan five calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subparagraph (ii) ofthis paragraph.

(ii) Repair ofa defect may be delayedbeyond45 calendardays ifthe owneroroperator determines thattherepairofthe defectrequires emptying ortemporary removal from service ofthe surface impoundment and no alternative capacity is available at the site to 

### accept the hazardous waste nonnally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process orunit resumes operation. (7) Following the initial inspection and monitoring ofthe cover as requiredby the applica. ble provisions of this section, subsequent inspection and monitoring may be performed at intervals longer than one year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, orotherunsafe conditions. In this case, the ownerOr operatormay designate the cover as an "unsafe to inspect and monitorcover" and comply with all ofthe following requirements:

6500.28b Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(i) 

### Prepare a written 

### explanation for the cover stating the reasons why 

### the cover is unsafe to visually inspect or to monitor, ifrequired.

(ii) Develop andimplement a written plan and schedule to inspect and monitorthe cover 

### using the procedures specified in the applicable subdivision ofthis section as frequently as practicable during those times when a worker can safely access the cover. (h) 

### Standards: containers. 

### (1) The provisions ofthis subdivision apply to the control of airpollutantemissions fromcontainers for which paragraph (d)(2) ofthis sectionreferences the

use ofthis subdivision for such air emission control. 

### (2) General requirements. (i) 

### The owner or operator shall control air 

### pollutant emissions from each container subject to this subdivision in accordance with 

### the following requirements, as applicable to the container, except when the special provisions for waste stabilizationprocesses specified in subparagraph (ii) ofthis paragraph apply to the container. (a) 

### ForacontainerhaVing a design capacity greaterthan 0.1 m3 

### and less than orequal to 0.46 m3

, the owner or operator shall control air pollutant emissions from the container in 

### accordance with the Container Level 1 standards specified in paragraph (3) 

### of this subdivision.

(b) 

### For a container having a design capacity greater than 0.46 m3that is not in light material service, the owner or operator shall control air pollutant emissions from the containerin accordance withthe ContainerLevell standards specifiedinparagraph (3) 

### of this subdivision.

(e) 

### For a container having a design capacity greater than 0.46 m3 that is in light material service, the owner or operator shall control air pollutant emissions from the containerin accordance with the ContainerLevel 2 standards specified inparagraph (4) of this subdivision. (ii) When a containerhaving a design capacity greaterthan 0.1 m3is used for treatment ofa hazardous wasteby a waste stabilization process, the owneroroperator shall control air pollutant emissions from the container in accordance with the Container Level 

### 3 standards specified in paragraph (5) of this subdivision at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere. (3) 

### Container Level 1 standards. (i) 

### A container using Container Levell controls is

one ofthe following: (a) 

### A container that meets the applicable U.S. Department ofTransportation 

### (DOn regulations on packaging hazardous materials for transportation as specified in paragraph (6) ofthis subdivision.

(b) 

### A container equipped with a cover and closure devices that fonn.a continuous barrier over the container openings such that when the cover and closure devices are securedinthe closedpositionthere are no visible holes, gaps, orotheropen spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., 

### alid on adrum ora suitably secured tarp 

### on aroll·offbox) ormay be anintegral part ofthe containerstructural design (e.g., 

### a "portable

### tank" orbulkcargo containerequipped with a screw·typc cap).

(e) An 

### open·top containerin which an organic-vapor suppressing barrieris placedon
or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example ofsuch a barrier is application ofa suitable organic·vapor suppressing foam. (ii) 

### A container used to 

### meet the requirements ofclause (b) 

### or (e) 

### ofthis subparagraph shall be equipped with covers and closure devices, as applicable to 

### the container, that are composed ofsuitable materials to minimize exposure ofthe hazardous waste to the atmosphere and to 

### maintain the equipment integrity for as long as it 

### is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: organic vapor penneability, the effects ofcontact with the hazardous waste or its vapor managed in the container; the effects ofoutdoor exposure ofthe closure

10-31-98 6500.29 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### device or cover material to wind, moisture, and sunlight; and the operating practices for which the containeris intendedto be used.

(iii) Whenever a hazardolls waste is in a containerllsing ContainerLevell controls, the

owneroroperator shall install all covers and closure devices for the container, as applicable
to the container, and secure and maintain each closure device in the closedposition except as follows: (a) 

### Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows: (1) 

### In the case when the container is filled to the intended final level in onc continuous operation, the owner or operator shall promptly secure the closure devices 

### in the Closed position and install the covers, as applicable to 

### the container, upon conclusion ofthe filling operation.

(2) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly

secure the closure devices in the closed position and install covers, 

### as applicable to the container, upon eitherthe containerbeing filled to the intendedfinal level; the completion ofabatchloading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity ofthe container; or the shutdown ofthe process generating the material being added to the container, whichevercondition occurs first. (b) Opening of a closure device or cover is allowed fOr the purpose of removing hazardous waste from the container 

### as follows: (1) For the purpose of meeting the requirements of this subdivision, an empty containeras defined in section 371.1 (h)(2) ofthis Title, may 

### be open to the atmosphere at any time (i.e., covers and closure devices are notrequired to be secured in the closed position on an empty container).

(2) In the case when discrete quantities orbatches ofmaterial 

### are removed fromthe container but the container does not meet the conditions 

### to be 

### an empty container 

### as defined in section 371.I(h)(2) ofthis Title, the owneroroperator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of

### a batch removal after Which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity ofthe container, whichever condition OCCUrs first.

(c) Opening of a closure device or cover is allowed when access inside the containeris needed to performroutine activities otherthan transfer ofhazardous waste. Examples ofsuch activities include those times when a worker needs to open a port to

measure the depth ofor sample the material in the container, 

### orwhen a workerneeds to open a manhole hatch to access equipment inside the container., Following completion of the activity, the owner or operator shall promptly secure the closure device in the closedposition orreinstall the cover, as applicable to the container.

(d) Opening ofa spring-loaded, pressure-vacuum relief valve, conservation vent,

or similartype ofpressurereliefdevice which vents to the atmosphereis allowed during normal operations for the purpose of maintaining the container internal pressure in accordance with the design specifications ofthe container. The device shall be designed to operate with no detectable organic emissions when the device is securedin the closed position. The settings at which the device opens shall

### be established such thatthe device remains in the closed position whenever the internal pressure ofthe containeris within the internal pressure operating range determined by the owner 

### or operator based on container manufacturer recommendations, applicable regulations, fIre protection and prevention codes, standard engineering codes and practices, 

### or other requirements for the safe handling offlammable, ignitable, explosive, reactive, 

### or hazardous materials. Examples of nonnal operating conditions that may require these devices to open are

6500.30 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-3.29

during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.

(e) 

### Opening of a safety device, as defined in subdivision (b) of this section, is allowed at any time conditions require doing so to avoid an unsafe condition. 

### (iv) The owner or operator ofcontainers using Container Levell controls shall inspect the containers and their covers and closure devices as follows: (a) 

### In the case when a hazardous waste already is in the container at the time the

owneroroperator first accepts possession ofthe containeratthe facility and the container is not emptied (i.e., does not meet the conditions for an empty container as specified in section 371.1[h][2] of this Title) within 24 hours after the container is accepted at the facility, the owneroroperator shall visually inspectthe containerandits coverand closure devices to checkfor visible cracks, holes, gaps, orotheropen spaces into the interiorofthe container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted atthe facility (Le., the date the containerbecomes SUbject to the standards in this subdivision). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on item 20 ofthe Uniform Hazardous Waste Manifest in Appendix 30 ofthis Title, as required under section 373-3.5(b) ofthis Subpart. Ifadefect is detected, the owneroroperator shall repairthe defectin accordance with the requirements ofclause (c) ofthis subparagraph.

(b) In the case when a container used for managing hazardous waste remains at the facility for a period ofone year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when t.fie cover and closure devices are secured in the closed position. 

### If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofclause (c) ofthis SUbparagraph.

(c) When adefectis detectedforthe container, cover, orclosure devices, the owneror operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possiblebut no laterthan five calendar days after detection. 

### Ifrepair ofa defect cannot be completed within five calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired. (v) The owner or-operator shall maintain at the facility a copy ofthe procedure used to determine that containers with capacity of0.46 m3 orgreater, which do not meet applicable 

### DOTregulations as specifiedin paragraph (6) ofthis subdivision, are not managing**hazard~** ous waste in light material service. (4) Container Level 2 standards. (i) A container using Container Level 2 controls is

one ofthe following: (a) A container that meets the applicable U.S. Department ofTransportation (DOT) regulations on packaging hazardous materials fOf transportation as specified in paragraph (6) ofthis subdivision.

(b) A container that operates with no detectable organic emissions as defined in subdivision (b) ofthis section and detennined in accordance with the procedure specified in paragraph (7) ofthis subdivision.

(c) A container that has been demonstrated within the preceding 12 months to be vapofMtight by using 40 CFR part 60, appendix A, Method 27, as incorporated by reference in section 370.1(e) ofthis Title, in accordance with the procedure specified in paragraph (8) ofthis subdivision. (ii) Transferofhazardous waste in oroutofacontainerusing ContainerLevel 2controls shall be conducted in such a manner as to minimize exposure ofthe hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous

6500.31 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive or other hazardous materials. Examples ofcontainer loading procedures that the departmentconsiders to meetthe requirements ofthis paragraphinclude using anyone of 

### the following: a submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displacedfromthe containerduring filling operations; ora fitted opening in the top of

a container through which the hazardous waste is filled and subsequently purging the 

### transferline before removing it from the containeropening.

(iii) 

### Whenever a hazardous waste is in acontainerusing Container Level 2 controls, the

owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows: (a) 

### Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows: (1) 

### In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion ofthe filling operation.

(2) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly

secure the closure devices in the closed position and install covers, as applicable to the container, upon eitherthe containerbeing filled to the intended final level; the completion ofabatch loading afterwhich no additional material will be addedto the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity ofthe container; or the shutdown ofthe process generating the material being added to 

### the container, whichever condition occurs first. (b) 

### Opening of a closure device or cover is allowed: for the purpose of removing hazardous waste from the container as follows: (1) 

### For the purpose of meeting the requirements of this subdivision, an empty containeras definedin section 371.1 (h)(2) ofthis Title, may be open to 

### the atmosphere at any time (i.e., 

### covers and closure devices are notrequired to 

### be secured in the closed position on an empty container). (2) Inthe caSe when discrete quantities orbatches ofmaterial are removed fromthe container but the container does not meet the conditions to be an empty container as defined in section 371.1(h)(2) ofthis Title, the owneror operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first. (c) 

### Opening ofa closure device or cover is allowed when access inside the container is neededto performroutine activities otherthan transferofhazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position orreinstall the cover, as applicable to the container.

(d) 

### Opening of a**spring~loaded, pressure~vacuum**  

### reliefvalve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose ofmaintaining the internal pressure ofthe containerin accordance with the container design specifications. The device shall be designed to 

### operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains inthe closedposition wheneverthe internal pressure ofthe containeris within the

6500.32 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention 

### codes, standard engineering codes and practices, or other requirements for the safe handling offlammable, ignitable, explosive, reactive, or hazardous materials, Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure ofthe container exceeds the internal pressure operating range for the container as a result ofloading operations or diurnal ambient temperature fluctuations.

(e) 

### Opening ofa safety device, as defined in subdivision (b) ofthis section, is allowed at any time conditions require doing so to avoid an unsafe condition. (iv) The owner or operator ofcontainers using Container Level 2 controls shall inspect the containers andtheir covers and closure devices as follows: (a) 

### In the case when a hazardous waste already is in the container at the time the

owner oroperator first accepts possession ofthe container atthe facility andthe container is not emptied (i.e., 

### does not meet the conditions for an empty container as specified in section 371.1 [h][2] ofthis Title) within 24 hours afterthe container arrives at the facility, the owneroroperator shall visually inspectthe containerandits coverand closure devices to 

### check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., 

### the date the containerbecomes subjectto the standards in this subdivision). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on item 20 ofthe Uniform Hazardous Waste Manifest in Appendix 30 ofthis Title, as required under section 373-3.5(b) ofthis Subpart. If

### adefectis detected, the owneroroperator shall repair the defect in accordance with the requirement&,ofclause (c) 

### ofthis subparagraph.

(b) 

### In the case when a container used for managing hazardous waste remains at the facility for a period ofone year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to 

### check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If 

### a defect is detected, the owner or operator shall repair the defect in accordance with the requirements ofclause (c) 

### ofthis subparagraph. (c) 

### When adefectis detected forthe container, cover, orclosure devices, the owneror operator shall make first efforts at repair of the defect no later than 24 hours after detection, andrepair shall be completed as soon as possiblebutno laterthan five calendar days after detection. If

### repair ofa defect cannot be completed within five calendar days, then the hazardous waste shall be removed from the containerand the container shall not be used to manage hazardous waste until the defectis repaired. (5) Container Level 3 standards. (i) A container using Container Level 3 controls is

one ofthe following: (a) 

### A container that is vented directly through a**closed~vent** 

### system to a control device in accordance with the requirements ofclause (ii)(b) ofthis paragraph.

(b) 

### A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of clauses (ii)(a) and (b) 

### ofthis paragraph. (ii) The owner or operator shall meet the following requirements, as applicable to the type ofair emission control equipment selected by the owner or operator: (a) 

### The container enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B, as incorporated by reference in section 370.1(e) ofthis Title. The enclosure may have pennanentortemporary openings to allow worker access; passage ofcontainers

01-15-2002 6500.33 Conservation

### § 

### 373-3.29 TITLE6 ENVIRONMENTAL CONSERVATION



### through the enclosure by 

### conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in section 5.0 to 

### "Procedure T-Criteria for and Verification ofa Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually. (b) 

### The closed-vent system and control device shall be designed and operated in accordance with the requirements ofsubdivision (0 ofthis section. (iii) 

### Safety devices, as defined in subdivision (b) ofthis section, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements ofsubparagraph (0 ofthis paragraph. (iv) Owners and operators using Container Level 3 controls in accordance with the provisions of this section shall inspect and monitor the closed-vent systems and control devices as specified in subdivision (i) 

### ofthis section.

(v) Owners and operators that use Container Level 3 controls in accordance with the provisions ofthis section shall prepare andmaintaintherecords specifiedinparagraph (k)(4) ofthis section.

(vi) 

### Transfer of hazardous waste in or out of a container using Container Level 3 controls shallbeconducted in such a manneras to 

### minimize exposure ofthe hazardous waste to the atmosphere, to the extent practical, considering the physical properties ofthe hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, orotherhazardous materials. Examples ofcontainer loading procedures that the department considers to meet the requirements ofthis subparagraph include using anyone of the following: a sUbmerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazargous waste is filled and subsequently purging the transferlinebefore removing it from the containeropening. (6) For the purpose of compliance with clause (3)(i)(a) 

### or (4)(i)(a) 

### of this subdivision. containers shall be used that meet the applicable U.S. Department ofTransportation (DOT) regulations on packaging hazardous materials for transportation, as incorporated by reference in section 370.1(e) ofthis Title, as follows: (i) The container meets the applicable requirements specified in 49 CFR part 178- Specifications for Packaging or49 CFR part 179-Specifications for Tank Cars.

(ii) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107, subpart B-Exemptions; 49 CFR part 172- Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173-Shippers-GeneralRequirements for Shipments andPackages; and49 CPRpart 180-Continu¥ ing Qualification and Maintenance ofPackagings.

(iii) For the purpose ofcomplying with this section, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in subparagraph (iv) ofthis paragraph. (iv) For a lab pack that is managed in accordance with the requirements of49 CPRpart 178 for the purpose ofcomplying with this section, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b). (7) To determine compliance with the no detectable organic emissions requirements of clause (4)(i)(b) ofthis subdivision, the procedures specified in paragraph (e)(4) ofthis section shall be used. (i) 

### Each potential leak interface (i.e., 

### a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be 

### checked Potential leak interfaces that are associated with containers include, but are not limited to: the interface of the cover rim and the container wall; the

6500.34 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a**spring~loaded** pressure-reliefvalve.

(ii) 

### The test shall be performed when the container is filled with a material having a volatile organic concentration representative ofthe range ofvolatile organic concentrations for the hazardous wastes expected to be managed in this type ofcontainer. During the test, the container cover and closure devices shall be secured in the closed position. (8) Procedure for determining a container to be vapor-tight using Method 27 of40 CPR 

### pan 60, 

### appendix A, 

### as incorporated by 

### reference in section 370.l(e) of this Title, for the purpose ofcomplying with clause (4)(i)(c) ofthis subdivision. 

### (i) The test shall be performed in accordance with Method 27 of 40 CPR part 60, appendix A, as incorporated by reference in section 370.l(e) ofthis Title.

(ii) A pressure measurement device shan be used that has a precision of±2.5 mm water and that is capable ofmeasuring above the pressure at which the containeris to be tested for vapor tighmess.

(iii) 

### If the test results detennined by Method 27 indicate that the container sustains a pressure change less than orequal to 750 Pascals within five minutes afteritis pressurizedto

a minimum of4,500 Pascals, then the container is detennined to be vapor-tight. (i) 

### Standards: Closed-vent systems and control devices, 0) This subdivision applies to each closed-vent system and control device installed and operated by the owner oroperator to control air emissions in accordance with standards ofthis section.

(2) The closed-vent system shall meet the fonowing requirements:

(i) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in paragraph (3) ofthis subdivision.

(ii) The closed-vent system shall be designed and operated in accordance with the 

### requirements specified in section 373-3.27(d)(lO) ofthis Subpart.

(iii) In the case when the closed-vent system includes bypass devices that couldbe used
to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with eitheraflow indicator as specifiedin clause (a) ofthis SUbparagraph or a seal orlocking device as specified in clause (b) ofthis subparagraph. For the purpose ofcomplying with this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves, and other fittings used for safety purposes are not considered to bebypass devices. (a) Ifa flow indicatoris used to comply with this subparagraph, the indicator shall be installed atthe inletto the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this paragraph, 

### aflow indicatormeans a device which indicates the presence ofeithergas orvapor flow in the bypass line.

(b) If a seal or locking device is used to comply with this subparagraph, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damperlever) when the bypass device is in the closed position such thatthe bypass device cannotbe opened withoutbreaking the seal orremoving the lock. Examples ofsuch devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least

once every month to verify that the bypass mechanism is maintained in the closed position. (iv) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in section 373-3.27(d)(l1) ofthis Subpart. (3) The control device shall meet the following requirements:

(i) The control device shall be one ofthe following devices:

01-15-2002 6500.35 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION

(a) a control device designed and operated to reduce the total organic content ofthe inlet vapor stream vented to the control device by at least 95 percent by weight;

(b) 

### an enclosed combustion device designed and operated in accordance with the requirements ofsection 373-3.27(d)(3) ofthis Subpart; or (c) 

### A 

### flare designed and operated in accordance with the requirements of section 373-3.27(d)(4) ofthis Subpart. (ii) The owneror operator who elects to use a closed-vent system and control device to 

### comply with the requirements of this subdivision shall comply with the requirements specified in clauses (a) through if) ofthis subparagraph. (a) Periods ofplanned routine maintenance of the control device, during which the control device does not meet the specifications of clauses (i)(a), (b), or (c) of this paragraph, as applicable, shall notexceed 240 hours per year.

(b) The specifications andrequirements in clauses (i)(a), (b), and (c) ofthis paragraph for control devices do not apply during periods ofplannedroutine maintenance.

(c) The specifications and requirements in clauses (i)(a), (b), or (c) ofthis paragraph for control devices do not apply during a control device system malfunction.

(d) The owner or operator shall demonstrate compliance with the requirements of clause (a) of this subparagraph (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications ofclauses [i)[a], [b], or [c] ofthis paragraph, as applicable, shall not exceed 240 hours per year) by recording the information specified in clause (k)(5)(i)(e) ofthis section.

(e) The owneroroperator shall COrrect control device system malfunctions as soon as practicable aftertheir occurrence in order to minimize excess emissions ofairpollutants.

(j) The owner or operator shall operate the closed-vent system such that gases, vapors, and/or fumes are not actively vented to the cohtrol device during periods of plannedmaintenance or control device system malfunction (ie., periods when the control device is not operating or not operating nonnally) except in cases when itis necessary to ventthe gases, vapors, orfumes to avoid an unsafe condition orto implementmalfunction corrective actions orplanned maintenance actions. (iii) The owner or operator using a carbon adsorption system to comply with subpara· graph (i) ofthis paragraph shall operate and maintain the control device in accordance with the following requirements: (a) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements ofsection 373-3.27(d)(7) or (8) oftbis Subpart.

(b) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements ofsection 373-3.27(d)(13) ofthis Subpart, regardless ofthe average volatile organic concentration ofthe carbon. (iv) An owner oroperatorusing a control device otherthan athermal vapor incinerator, flare, boiler, process heater, condenser, orcarbon adsorption system to comply with subparagraph (i) ofthis paragraph shall operate and maintain the control device in accordance with the requirements ofseetion 373-3.27(d)(9) oftbis Subpart.

(v) The owneror operator shall demonstrate that acontrol device achieves the performance requirements of subparagraph (i) ofthis paragraph 

### as follows: (a) An owner or operator shall demonstrate using either a performance test as specified in clause (c) ofthis subparagraph or adesign analysis as specified in clause (d) ofthis subparagraph the performance ofeach control device exceptfor the follOWing: (1) a flare; (2) a boileror process heater with a design heat input capacity of44 megawatts or greater;

6500.36 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(3) 

### a boiler or process heater into which the vent stream is introduced with the primary fuel;

(4) 

### a boiler or industrial furnace burning hazardous waste for which the owner or 

### operator has been issued a final permit under Subpart 373-1 of this Part and has designed and operates the unit in accordance with the requirements ofsection 374-1.8 ofthis Title; or

(5) 

### a boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements ofsection 374-1.8 ofthis Title. (b) An owner or operator shall demonstrate the performance ofeach flare in accordance with the requirements specified in section 373-3.27(d)(5) ofthis Subpart.

(e) For a performance test conducted to meet the requirements of clause (a) ofthis subparagraph, the owneroroperator shall usethe testmethods andprocedures specifiedin section 373-3.27(e)(3)(i) through (iv) ofthis Subpart.

(d) For a design analysis conducted to meet the requirements of clause (a) of this subparagraph, the design analysis shall meet the requirements specified in section 373-3.27(f)(2)(iv)(c) oftbis Subpart.

(e) The owneroroperator shall demonstrate that acarbon adsorption system achieves the performance requirements of subparagraph (1) of this paragraph based on the total quantity oforganics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal. (vi) 

### Ifthe owner or operator and the commissioner do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results ofa ptnformance test performed by the owner or operator in accordance with the requirements ofclause (v)(c) ofthis paragraph. The commissioner may choose to have an authorized representative observe the performance test.

(vii) The closed-vent system and control device shall be inspected and monitoredby the

owner or operator in accordance with the procedures specified in section 373-3.27(d)(6)(ii) and (d)(1l) ofthis Subpart. The readings from each monitoring device required by section 373-3.27(d)(6)(ii) of this Subpart. shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this subdivision. 

### (j) 

### Inspection andmonitoring requirements. (1) The owner or operator shall inspect and monitor airemission control equipmentused to comply with this section in accordance with the applicable requirements specified in subdivisions (f) and (i) ofthis section.

(2) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (1) of this subdivision. The

owner or operator shall incorporate this plan and schedule into the facility inspection plan required under section 373-3.2(f) ofthis Subpart. (k) 

### Recordkeeping requirements. (1) Each owner or operator of a facility subject to requirements in this section shall record and maintain the information specified in paragraphs (2) through (10) ofthis subdivision, as applicable to the facility. Exceptfor airemission control equipment design documentation and information required by paragraphs (9) and (10) ofthis subdivision, records requiredby this subdivision shall be maintainedin the operating record for

a minimum of three years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Infonnation required by paragraphs (9) and (l0) of this subdivision shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specifiedin subdivisions (f) through (h) ofthis section in accordance with the conditions specifiedin paragraph (a)(4) or subparagraph (a)(2)(vii) ofthis section.

01-15-2002 6500.37 Conservation

### § 

### 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### (2) The owner or operator of a tank using air emission controls in accordance with the requirements ofsubdivision (f) ofthis section shall prepare and maintain records for the tank thatinclude the following information: (i) For each tank using air emission controls in accordance with the requirements of subdivision (f) ofthis section, the owneror operator shall record: (a) atankidentification number (orotherunique identification description as selected by the owneror operator); and (b) 

### a record for each inspection required by subdivision (f) 

### of this section that includes the following information: (1) date inspection was conducted; 

### (2) for 

### each defect detected during the inspection: the location of the defect, a description ofthe defect, the date ofdetection, and corrective action taken to repairthe defect. In the eventthatrepair ofthe defectis delayed in accordance with the provisions ofsubdivision (D ofthis section, the owner oroperator shall also record the reason for the delay and the date that completion ofrepair ofthe defect is expected. (ii) In addition to the information required by subparagraph (i) ofthis paragraph, the

owner or operator shall record the following information, as applicable to the tank: (a) The owneroroperatorusing a fixed roofto comply with the TankLevel 1 control requirements specified in paragraph (f)(3) of this section shall prepare and maintain records for each determination for the maximum organic vaporpressure ofthe hazardous waste in the tank performed in accordance with the requirements ofparagraph (f)(3) of this section. The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.

(b) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in paragraph (f)(51pfthis section shall prepare and maintain documentation describing the floating roofdesign.

(e) Owners and operators using an external floating roof to comply with the Tank Level 2 controlrequirements specifiedinparagraph (f)(6) ofthis section shall prepare and maintain the following records: (1) documentation describing the floating roof design and the dimensions ofthe tank; and

(2) records for each seal gap inspection required by subparagraph (f)(6)(iii) ofthis section describing the results ofthe seal gap measurements. The records shall include the date thatthe measurements were performed, the raw data obtainedfor the measurements, and the calculations ofthe total gap surface area. In the event that the seal gap measurements do not conform to the specifications in subparagraph (f)(6)(i) of this section, the records shall include a description ofthe repairs that were made, the date the repairs were made, and the date the tank was emptied, ifnecessary. (d) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in paragraph (f)(9) ofthis section shall prepare and maintain the following records: (1) records for the most recent set ofcalculations and measurements performedby the owneroroperatorto verify thatthe enclosure meets the criteriaofapermanenttotal enclosure as specifiedin "ProcedureT - Criteriafor and Verification ofaPermanentor Temporary Total Enclosure" under 40 CFR 52.741, appendix B, as incorporated by reference in section 370.1(e) ofthis Title; and (2) records required for the closed-vent system and control device in accordance with the requirements ofparagraph (5) ofthis subdivision. (3) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements ofsubdivision (g) ofthis section shall prepare and maintain records for the surface impoundment that include the following information:

6500.38 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-3.29

(i) a surface impoundmentidentificationnumber (orother unique identification description as selected by the owner oroperator);

Oi) documentation describing the floating membrane cover orcover design, as applicable to the surface impoundment, thatincludes information preparedby the owneror operator

or provided by the cover manufacturer or vendor describing the cover design, and certifica

### tion by 

### the owner or operator that the cover meets the specifications listed in paragraph (g)(3) ofthis section;

(iii) arecord for each inspection required by subdivision (g) ofthis section thatincludes the following information: (a) date inspection was conducted; and (b) for each defect detected during the inspection the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions ofparagraph (g)(6) ofthis section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected; and (iv) for a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in paragraph (5) ofthis subdivision. (4) The owner or operator ofcontainers using Container Level 3 air emission controls in accordance with the requirements ofsubdivision (h) ofthis section shall prepare and maintain records that include the following information: (i) records for the most recent set ofcalculations and measurements performed by,the

owner or operator to**';.~rify** that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B, as incorporated by reference in section 370.I(e) ofthis Title; and

(ii) records required for the closed-vent system and control device in accordance with the requirements ofparagraph (5) ofthis subdivision. (5) The owner or operator using a closed-vent system and control device in accordance with the requirements ofsubdivision (i) ofthis section shall prepare and maintain records that include the following information: (i) Documentation for the closed-vent system and control device that includes:

(a) Cenification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in clause (b) of this subparagraph or by performance tests as specified in clause (c) of this subparagraph when the tank, surface impoundment, or containeris or would be operating at capacity or the highest level reasonably expected to

occur.

(b) 

### If a design analysis is used, then design documentation as specified in section 373-3.27(f)(2)(iv) ofthis Subpart. The documentation shall include infonnation prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 373-3.27(f)(2)(iv)(c) ofthis Subpart and certification by the owner or operator that the control equipment meets the applicable specifications.

(c) Ifperfonnancc tests are used, then a perfonnance test plan as specified in section 373-3.27(f)(2)(iii) ofthis Subpart and all testreSUlts.

(d) lnfonnation as required by section 373-3.27(f)(3)(i) and (ii) of this Subpart, as applicable.

(e) An owner or operator shall record, on a semiannual basis, the information specified in subclauses (1) and (2) of this clause for those planned routine maintenance

01-15-2002 6500.39 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION



### operations that would require the control device not to mect the requirements ofclause (i)(3)(i)(a), (b), 

### or (c) 

### ofIhis section, as applicable, (1) 

### A description of the planned routine maintenance that is anticipated to 

### be performed for the control device during the next six-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths ofmaintenance periods.



### (2) A description of the planned routine maintenance that was performed for the control device during the previous six-month period. This description shall include the type ofmaintenance performed and the total number ofhours during those six months thatthe control device did not meet the requirements ofclause (i)(3)(i)(a), (b), or (c) of this section, as applicable, due to planned routine maintenance. 

### (j) An owner or operator shall record the information specified in subclauses (1) through (3) ofthis clause for those unexpected control device system malfunctions that wouldrequire the control device not to meetthe requirements ofclause (i)(3)(i)(a), (b), or (c) ofthis section, as applicable. (1) The occurrence and duration ofeach malfunction ofthe control device system. (2) The duration ofeach period during a malfunction when gases, vapors, or fumes

are vented from the waste management unit through the**closed~vent** system to the control device while the control device is not properly functioning.

(3) Actions taken during periods ofmalfunction to restore amalfunctioning control device to its normal or usual manner ofoperation. (g) Records ofthe managementofcarbon removed from a carbon adsorption system conducted in accordance with clause (i)(3)(iii)(b) ofthis section. (6) The owner or operator of a tank surface impoundment, or container exempted from standards in accordance with the provisions ofparagraph (d)(3}.ofthis section shallprepare and maintain the following records, as applicable: (i) Fortanks, surface impoundments, orcontainers exemptedunderthe hazardous waste organic concentration conditions specified in SUbparagraph (d)(3)(i) or clauses (d)(3)(ii)(a) through 

### (j) ofthis section, the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. Ifanalysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with the applicable requirements ofsubdivision (e) ofthis section.

(ii) For tanks, surface impoundments, or containers exempted under the provisions of clause (d)(3)(ii)(g) or (h) ofthis section, the owneroroperator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated. (7) An owneror operator designating a cover as "unsafe to inspect and monitor" pursuant 

### to paragraph (f)(l2) or (g)(7) of this section shall record in a log that is kept in the facility operating record the following information: the identification numbers for waste management units with covers that are designated as "unsafe 

### to inspect and monitor," the explanation for each cover stating why the coveris unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.

(8) The owner or operator of a facility that is subject to this section and to the control device standards in40 CFR part 60, subpart VV, or40 CFRpart 61, subpartV, as incorporated by reference in section 370.1(e)(2) ofthis Title, may elect to demonstrate compliance with the applicable subdivisions of this section by documentation either pursuant to this section, or pursuant to the provisions of40 CPR part 60, subpart VV, or 40 CPR part 61, subpart V, as incorporated by reference in section 370.1 (e)(2) ofthis Title, to the extent that the documentation required by 40 CFRparts 60 or 61 duplicates the documentation required by this subdivision.

6500.40 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.29

(9) For each tank or container not using air emission controls specified in subdivisions (f) through (i) ofthis section in accordance with the conditions specified in paragraph (a)(4) ofthis 

### section, the owner or operator shall record and maintain the following information: (1) a list ofthe individual organic peroxide compounds manufactured at the facility that meet the conditions specified in subparagraph (a)(4)(i) ofthis section;

(ii) a description of how the hazardous waste containing the organic peroxide compounds identified in subparagraph (i) ofthis paragraph are managed at the facility in tanks and containers. This description shall include the following infonnation: (a) for the tanks used at the facility to manage this hazardous waste, sufficient information shall be providedto describe foreach tank: afacility identificationnumberfor the tank; the purpose andplacementofthis tankin the managementtrain ofthis hazardous waste; and the procedures used to ultimately dispose ofthe hazardous waste managed in the tanks;

(b) for containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: a facility identification number for the containerorgroup ofcontainers; the purpose and placement ofthis container, orgroup of containers, in the management train ofthis hazardous waste; and the procedures used to ultimately dispose ofthe hazardous waste handled in the containers; and (iii) an explanation ofWhy managing the hazardous waste containing the organic peroxide compounds identifiedin subparagraph (i) ofthis paragraphin the tanks and containers as described in subparagraph (ii) ofthis paragraph would create an undue safety hazard ifthe air emission controls, as required under subdivisions (D through (i) of this section, are installed and operated on these waste management units. This explanation shall include the fOllowing infonnation:**"';~.** (a) Fortanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: how use ofthe required air emission controls on the tanks would affect the tank design features and facility operating procedures currently llsed to preventan undue safety hazard during the managementofthis hazardous waste in the tanks; and why installation ofsafety devices On the required air emission controls, as allowed under this section, will not address those situations in which evacuation oftanks equipped with these airemission controls is necessary and consistentwith good engineering and safety practices for handling organic peroxides.

(b) For containers used at the facility to manage these hazardous wastes, sufficient information shall be proVided to explain: how use ofthe required airemission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard dUring the management ofthis hazardous waste in the containers; and why installation ofsafety devices onthe required airemission controls, as allowed under this section, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides. (10) For each hazardous waste managementunit notusing air emission controls specified in subdivisions 

### (D through (i) ofthis sectionin accordance with the provisions ofsubparagraph (a)(2)(vii) of this section, the owner or operator shall record and maintain the following information: (i) certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under40 CFRpart 60, part 61, orpart 63, as incorporated by reference in section 370.1 (e) ofthis Title; and

(ii) identification ofthe specific requirements codifiedunder40 CFRpart 60, part 61, or part 63, as incorporated by reference in section 370.l(e) ofthis Title, with which the waste management unitis in compliance.

01-15-2002 6500.41 Conservation

### § 373-3.29 TITLE 6 ENVIRONMENTAL CONSERVATION

Historical Note Sec. filed Sept. 29, 1998; amd. filed Jan. 14,2002 eff. 60 days after filing. 

### § 

### 373-3.30 Containmentbnildings.

(a) Applicability. 

### The requirements ofthis section apply to owners or operators who store

or treat hazardous waste in units designed and operated under subdivision (b) of this section. These provisions 

### will become effective on February 18, 1993, although the owner or operator may notify the commissionerofhis Or

### herintentto bebound by 

### this section at an earliertime. The

owner or operatoris not subject to 

### the definition ofland disposal in section 370.2(b) ofthis Title provided that the unit: 0) is a completely enclosed, self-supporting structure that is**de~igned** 

### and constructed of humanmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the units, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;

(2) has a primary barrier that is designed to be sufficiently durable to withstand the movement ofpersonnel and handling equipment within the unit;

(3) ifthe unit used to 

### manage liquids, has:

(i) 

### a primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;

(ii) a liqUid collection system designed and constructed of materials to 

### minimize the accumulation ofliquid on the primary barrier; and

(iii) a secondary containment system designed and coIlstructed ofmaterials to prevent migration ofhazardous constituents into the barrier, with a

# reak detection and liquid collection systemcapable ofdetecting, collecting, and removing leaks ofhazardous constituents at the earliest possible time, unless the unit has been granted a variance from the secondary containment system requirements under subparagraph (b)(2)(iv) ofthis section; (4) has controls sufficientto preventfugitive dustemissions, in orderto meetthe no visible emission standardin clause (b)(3)(i)(d) ofthis section; and

(5) is designed and operated to ensure containment and prevent the tracking ofmaterials from the unitby personnel or equipment. (b) Design andoperating standards. (1) 

### All containmentbuildings mustcomply with the following design standards: (0 The containmentbuilding mustbe 

### completely enclosedwith a floor, walls, and a roof to preventexposure to the elements (e.g., 

### precipitation, wind,**run~on),** 

### andto assure containment ofmanaged wastes.

(ii) The floor and containment walls of the unit, including the secondary containment unit system if required under paragraph (2) of this subdivision, must be designed and constructedofmaterials ofsufficient strength and thickness to supportthemselves, the waste contents, and any personnel and heavy equipment that operates within the unit, and to prevent failure due to 

### pressure gradients, settlement, compression, oruplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; andthe stresses of daily operation, including the movement ofheavy equipment within the unit and contact of such equipment with containment walls. The unit must be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes must be chemically compatible with those wastes. DEC will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (AC!) and the American Society ofTesting Materials (ASTM) injudging the structural integrity requirements ofthis paragraph. Ifappropriate to the nature ofthe waste managementoperation to take placeinthe unit, an exception to the

6500.42 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373·3.30

structural strength requirement may be made for light-weight doors and windows that meet these criteria: (a) they provide an effective barrier against fugitive dust emissions under clause (3)(i)(d) ofthis subdivision; and

(b) the unit is designed and operated in a fashion that assures that wastes will not actually come into contact with these openings. (iii) Incompatible hazardous wastes ortreatmentreagents must not be placed in the unit

or its secondary containment system ifthey could cause the unit or secondary containment system to leak, corrode, orotherwise faiL



### (iv) A containment building must have a primary barrier designed to withstand the movement ofpersonnel, waste, and handling equipment in the unit during the operating life ofthe unit and appropriate for the physical and chemical characteristics ofthe waste to be managed. (2) For a containmentbuilding used to manage hazardous wastes containing free liquids or treated with free liquids (the presence ofwhich is determined by the paint filter test, a visual examination, orother appropriate means), the owneror operator must include: (i) a primary barrier designed and constructed ofmaterials to prevent the migration of hazardous constituents into the barrier (e,g., a geomembrane covered by a concrete wear surface);

(ii) a liquid collection and removal system to prevent the accumulation ofliquid on the primary barrierofthe containmentbuilding: (a) the primary barrier must be sloped to drain liquids to the associated collection system; and

(b) liquids and**~te** must be collected and removed to minimize hydraulic head on the containment system atthe earliest practicable time that protects human health and the environment; (iii) a secondary containment system including a secondary barrier designed and constructed to prevent migration ofhazardous constituents ino the barrier, and a leak detection system that is capable ofdetecting failure ofthe primary barrierand collecting accumulated hazardous wastes and liquids atthe earliest practicable time; (a) the requirements ofthe leak detection component ofthe secondary containment system are satisfied by installation ofa systemthat is, at a minimum: (1) constructed with a bottom slope ofone percent or more; and (2) constructed ofa granulardrainage material with ahydraulic conductivity of 1 x 10-2 em/sec or more and a thickness of 12 inches (30.5 em) or more, or constructed of synthetic orgeonetdrainage materials with atransmissivity of3 x 10"5 m2/sec ormorc; (b) iftreatmentis to be conductedin the building, an areain which such treatment will be conducted must be designed to prevent the release ofliquids, wet materials, or liquid aerosols to other portions ofthe building;

(c) the secondary containment system must be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building, (Containment buildings can serve as secondary containment systems fortanks placed within the building under certain conditions, A containmentbuilding can serve as an extemalliner systemfor

a tank, provided it meets the requirements ofsection 373·3.1O[d][4][i] ofthi, Subpart. In addition, the containment building must meet the requirements of section 373-3JO[d][2) and [3) ofthis Subpart to be considered an acceptable secondary containment systemfor a tank.) (Iv) Forexisting units otherthan 90-day generatorunits, the commissionermay accept a detennination by the EPA regional administrator to delay the secondary containment re01-15-2002 6500.43 Conservation

### § 

### 373·3.30 TITLE 6 ENVIRONMENTAL CONSERVATION



### quircment for up to 

### two years, based on a demonstration by 

### the owner or operator that the unit substantially meets the standards of this section. In making this demonstration, the

owner oroperator must: (a) have provided written notice to the EPAregional administratoroftheirrequest by February 18, 1993. This notification must describe the unit and its operating practices with specific reference to the performance ofexisting containment systems, and specific plans for retrofitting the unit with secondary containment;

(b) 

### respond to any comments from the EPA regional administrator on these plans within 

### 30 days; and

(c) 

### fulfill the terms of the revised plans, if 

### such plans are approved 

### by the EPA regional administrator. (3) Owners or operators ofall containment buildings must:

(i) use controls and practices to ensure containment ofthe hazardous waste within the unit; and. at a minimum: (a) 

### maintain the primary barrier to be free ofsignificant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to 

### be released from the primary barrier; (b) 

### maintain the level ofthe stored/treated hazardous waste within the containment walls ofthe unit so that the height ofany containment wall is not exceeded;

(c) 

### take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste, An area must be designated to decontaminate equipment and any rinsate must be collected and properly managed; and (d) 

### take measures to control fugitive dust emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions. In addition, 

### all associated particulate collection devices (e.g., 

### fabric filter, eleclrosffitic precipitator) must be operated and maintained with sound air pollution control practices. This state of no visible emissions mustbe maintained effectively at all times during normal operating conditions, including when vehicles and personnel are entering and exiting the unit; (ii) obtain certification by a qualified professional engineer registered in New York Statethatthe containmentbuilding design meets the requirements ofparagraphs (1) 

### through (3) of this subdivision. For units placed into operation prior to February 18, 1993, this certification mustbeplacedinthefacility's operatingrecord**(on~site** 

### files for generators who

are not formally required to have operating records) no later than 60 

### days after the date of initial operation ofthe unit. After February 18, 1993, PE 

### certification will be required prior to operation ofthe unit;

(iii) throughout the active life of the containment building, if the owner or operator detects acondition thatcould leadto or

### has caused a release ofhazardous waste, mustrepair the condition promptly, in accordance with the following procedures; (a) 

### upon detection of a condition that has led to a release ofhazardous waste (e.g

.. 

### upon detection ofleakage from the primary barrier) the owner oroperator must: (1) 

### entera record ofthe discovery in the facility operating record; (2) 

### immediately remove the portion of the containment building affected by the condition from service;

(3) 

### determine what steps mustbe taken to repairthe containmentbuilding, remove 

### any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and (4) 

### within seven days afterthe discovery ofthe condition, notify the commissioner ofthe condition, and within 14 working days, provide a written notice to the commissioner with a description ofthe steps taken to repair the containment building, and the schedule for accomplishing the work.

6500.44 

### Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-3.31

(b) 

### The commissioner 

### will review the information submitted, make a determination whether the containment building must be removed from service completely or partially 

### until repairs and cleanup are complete, and notify the owneroroperatorofthe determination and the underlying rationale in writing.

(c) 

### Upon completing all repairs and cleanup, the owner or operator must notify the commissioner in writing and provide a verification, signed by 

### a qualified, professional engineer registered in New York State, that the repairs and cleanup have been completed 

### according to the written plan submitted in accordance with subclause (a)(4) 

### of this subparagraph. 

### (iv) Inspect and record in the facility's operating record, atleast once every seven days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs ofreleases ofhazardous waste. (4) For a containment building that contains both areas with and without secondary containment, the owner or operator must: (0 design and operate each area in accordance with the requirements enumerated in paragraphs (1) through (3) ofthis subdivision;

(ii) take measures to prevent the release ofliquids or wet materials into areas without secondary containment; and

(iii) maintain in the facility's operating log a written description ofthe operating procedures used to maintain the integrity ofareas without secondary containment. (5) Notwithstanding any other provision of this section, the commissioner may waive requirements for secondary containmentfor apermitted containmentbuilding where the owner
or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements,and where containment ofmanaged wastes and liquids can be assured without a secondary containment system. (c) Closure andpost-closure care. (1) 

### Atclosure ofacontainmentbuilding, the owneror operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 371.1(d)(4) of this Title applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility forcontainmentbuildings mustmeetall oftherequirements specifiedin sections 373-3.7 and 373-3.8 ofthis Suhpart.



### (2) If, afterremoving or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required inparagraph (I) ofthis subdivision, the owneror operatorfinds thatnot all contaminated subsoils canbepracticably removed ordecontaminated, the owneroroperator must close the facility and perform post-closure care in accordance with the closure and postclosure requirements that apply to landfills (see section 373-2.14[g} ofthis Title). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be 

### a landfill,and the owner or operator must meet all of the requirements for landfills specified in sections 373-3,7 and 373-3.8 ofthis Subpart.

Historical Note Sec. filed Nov. 15, 1994; amd. filed Nov. 4,1999 eff. Nov. 24,1999. Amended (b)(1)(iii), (3)(i)(o). (0)(1). 

### § 

### 373·3.31 Hazardous waste munitions and explosives storage.

(a) Applicability. The requirements ofthis section apply to owners or operators who store munitions and explosive hazardous wastes, except as section 373-1.1(a) of this Part provides otherwise.

01-15-2002 6500.45 Conservation

### § 373-3.31 TITLE6 ENV1RONME1'>/TALCONSERVATlON

Nole: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in othertypes ofstorage units, including containmentbuildings (section 373-3.30ofthis Subpart), tanks (section 373-3.10 of this Subpart), or containers (section 373-3.9 of this Subpart); see section 374-1.13(0 ofthis Title for storage ofwaste military munitions. (b) 

### Design and operating standards. (1) Hazardous waste munitions and explosives storage units must be designed and operated with containment systems, controls, and monitoring, that: (i) minimize the potential for detonation or other means ofrelease ofhazardous waste,

hazardous constituents, hazardous decomposition products, or contaminated**run~off,** to the soil, groundwater, surface water, and atmosphere;

(ii) provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous waste;

(iii) for Wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;

(iv) for liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids orvapors are promptly detected and an appropriate response taken (e.g., additional containment, such as overpacking, or removal from the waste area); and (v) provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit. (2) Hazardous waste munitions and explosives stored under this Subpart may be stored in

one ofthe following: (1) Earth-covered magazines. Earth-covered magazines must be:

(a) constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when notbeing accessed;

(b) designed and constructed:

(1) to be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit;

(2) to provide working space for personnel and equipmentin the unit; and (3) to withstand movement activities that occur in the unit; and (c) located and designed, with walls and earthen covers that direct an explosion in the unitin a safe direction, so as to minimize the propagation ofan explosion to adjacent units and to minimize othereffects ofany explosion. (ii) Above-ground magazines. Above-ground magazines must be located and designed

so as to minimize the propagation of an explosion to adjacent units and to minimize other effects ofany explosion. (iii) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize the propagation ofan explosion to adjacentunits and to minimize other effects ofany explosion. (3) Hazardous waste munitions and explosives must be stored in accordance with a standard operating procedure specifying procedures to ensure safety, security, and environmental protection. Ifthese procedures serve the same purpose as the security and inspection requirements ofsection 373-3.2(e) ofthis Subpart, the preparedness and preventionprocedures of section 373-3.3 of this Subpart, and the contingency plan and emergency procedures requirements of section 373-3.4 ofthis Subpart, then these procedures will 

### be used to fulfill those requirements.

6500.46 Conservation 01·15·2002CHAPTER IV QUALITY SERVICES 

### § 373-3.31

(4) Hazardous waste munitions and explosives must be packaged to 

### ensure safety in handling and storage.

(5) Hazardous waste munitions and explosives mustbe inventoried at least annually. 

### (6) Hazardous waste munitions and explosives and their storage units must be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration ofcontaminants out ofthe unit. 

### (c) 

### Closure andpost-closure care. (1) 

### At 

### closure of a magazine or unit which stored hazardous waste under this section, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless section 37Ll(d)(4) of this Title applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for magazines or units must meet all ofthe requirements specified in sections**373~3.7** and 373-3.8 ofthis Subpart, exceptthatthe owneror operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.

(2) 

### If, afterremoving or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (1) ofthis subdivision, the owneroroperatorfinds that not all contaminated subsoils canbe practicably removed ordecontaminated, he or she must close the facility and perform**post~closure** care in accordance with the closure and post-closure requirements that apply to landfills (section 373-2.14[gJ ofthis Part).

Historical Note Sec. filed Sept. 29, 1998 eff. 60 days after filing.

01-15-2002 6500.47 Conservation