CRAnER IV QUALITY SERVICES



## PART 373

HAZARDOUS WASTE MANAGEMENT FACILITIES 

### §373-1.1

(Statutory authority: Environmental Conservation Law, art. 3, title 3, §§ 19-0301, 19+0303,

19-0304,19-0306.23-2305,23-2307.23-2308. art. 27. §§ 27-0105. 27-0106, 27-0305, 27+0905, titles 7,9. §§ 54-0701. 54-0709, 70-0107,70-0109,70+0115, art. 71, §71-2201, titles 27, 35)

Subpart**373~1** Hazardous Waste Treatment, Storage and Disposal Facilit)' Permitting Requirements Subpart 373-2 Final Status Standards for Owners and Operators ofHa7.ardous Waste Treatment, Storage and Disposal Facilities Subpart 373-3 Interim Status Standards for Owners and Operators ofHazardous Waste Facilities Subpart 373-4 Facility Standards for the Collection ofHousehold Hazardous Waste and Hazardous Waste from Conditionally Exempt Small Quantity Generators

Historical Note Part (Subparts 373-1-373-3) filed May 14, 1985 eff. 60 days after filing. 

## SUBPART 373-1

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY PERMITTING REQUIREMENTS

Sec. 373-1.1 373-1.2 373-1.3 373-1.4 373-1.5 373-1.6 373-1.7 373-1.8 373-1.9 373-1.10 373-1.11 General Requirements for permits Interim status Permit application requirements Contents ofpermit applications Permit conditions Permit modifications Expiration and continuation ofpermits Special fonns ofpermits Expanded public participation Remedial action plans (RAPs)

Historical Note Subpart (§§ 373-1.1-373-1.9) filed May 14, 1985 eff. 60 days after filing. 

### § 373-1.1 General.

(a) Purpose. 

### The purpose ofthis Part is to regulate hazardous waste management facilities located partially or wholly within the State.

(b) Applicability. 

### (1) This Partregulates the treatment, storage and disposal ofhazardous waste. Permitrequirements and construction and operation standards are set forth herein. The requirements ofthis Part are applicable to owners and operators ofhazardous waste treatment, storage and disposal facilities.

(2) Otherregulations in this Title relating to hazardous waste management are as follows:

Part 360 SolidWaste Management Facilities. Part 361 Siting ofIndustrial Hazardous Waste Facilities. Part 364 Waste Transporter Penuits. Part 370 Hazardous Waste Management System-General. Part 371 Identification and Listing ofHazardous Wastes. Part 372 Hazardous Waste Manifest System and Related Standards for Generators. Transporters and Facilities.

07-15-2006 6124.3 Conservation

### § 373-1.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

Part 374 Standards for the ManagementofSpecific Hazardous Wastes and SpecificTypes ofHazardous Waste Management Facilities,

Part 376 Land Disposal Restrictions. Part 380 Prevention and Control ofEnvironmental Pollution by Radioactive Materials. 

### (3) The following are regulations in this Title of general applicability which affect the processing ofpermits for hazardous waste management: Part 617 State Environmental Quality Review Procedures. Part 621 Uniform Procedures (Pennit Processing Procedures).
Part 624 Permit Hearing Procedures. 

### (4) Universal waste handlers and transporters (as defined in section 370.2[b] ofthis Title) handling the wastes listed below are subject to regulation under Subpart 374-3 ofthis Title: (i) batteries as described in section 374-3.1(b) ofthis Title; (ii) 

### pesticides as described in section 374-3.1(c) ofthis Title; (iii) thermostats as described in section 374-3.1 (d) ofthis Title; and (iv) lamps as described in section 374-3.1(e) ofthis Title. (c) Safeguarding information. 

### Any requests for the release ofinformation in the custody of the departmentrelated to 

### this Part shall be handled according to the provisions ofPart 616 ofthis Title, Access to Records ofthe DEC, and as discussed in section 370.l(b) ofthis Title.

(d) Exemptions. 

### The owners or operators ofthe following facilities orportions offacilities

are exemptfrom this Partonly as provided in this subdivision. Any hazardous waste management unites) exempt from permitting under this subdivision is not exempt from the requirements of section 373-2.6 ofthis Part ifthe facility is required to obtain a permit under this Part for some other unites) at the facility. Exempt facilities may be subject to permitting under Part 360 ofthis Title.(l) 

### Facilities and operations thatconductthe activities listed below and manage hazardous

waste are exempt from this Part only as provided in this paragraph. (i) Facilities, other than household hazardous waste collection facilities, that manage only hazardous waste received from offsite generators that: (a) 

### generate less than atotal of 100kilograms ofhazardous waste percalendar month and store onsite less than a total of l,OOO kilograms, provided the waste is not acute hazardous waste;

(b) 

### generates in a calendar month any of the following acute hazardous wastes in quantities less than the quantities ofhazardous waste**sp~cified** 

### below: (1) 

### a total ofone kilogram ofacute hazardous waste listed in section 371.4(b), (c) and (d)(5) olthis Tille;

(2) a total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup ofa spill. into or on any land or water. ofany acute hazardous wasle lisled in section 37L4(b), (c) and (d)(5) ofIhis Title; (ii) The disposal of waste pesticides by the farmer who generated them. These wastes must be handled in accordance with the requirements ofsection 372.l(e)(3) ofthis Title.

(iii) 

### The storage in containers or tanks ofhazardous waste that is generated onsite. for a period not exceeding 90 days, other than the storage of liquid hazardous wastes in the Counties ofKings, Nassau, Queens andSuffolk. oroverthe SchenectadyfNiskayunaAquifer System in Schenectady, Saratoga and Albany Counties and the Clinton Street

- Ball Park Valley Aquifer System in Broome and Tioga Counties. The requirements ofthis SUbparagraph do not apply to small-quantity generators. Storage areas that are exempt must comply with the following requirements: (a) 

### For storage ofliquid hazardous waste in containers. the total amount ofhazardous waste stored in containers in exempt storage areas at one time is 8,800 gallons or less.

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### § 373-1.1

Waste stored in areas exempted by subparagraphs (vi) and (xiv) of this paragraph and characteristic hazardous wastes stored priorto recycling is excluded from this volume. If the amount ofliquid hazardous waste stored in containers in these areas exceeds 8,800 gallons,theentirevolume ofliquid hazardous wastemustbestoredwithin an areameeting the secondary containmentrequirements ofsection 373-2.9(f)(1) ofthis Part.

(c) The following requirements are met:

(1) the waste is placed:

(i) incontainers andthe generatorcomplies with sections 373-3.9. and 373-3.27 through 373-3.29 ofthis Part; and/or

(ii) in tanks and the generator complies with sections 373-3.10, and 373-3.27 through 373-3.29 except for section 373-3.1O(h)(3) and (k) ofthis Part; and/or

(iii) in addition, such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 ofthis Part. except for section 373-3.7(b) and (e) ofthis Part; (2) the date on which each period of accumulation begins is clearly marked and visible for inspection on each container;

(3) a label or sign stating "Hazardous Waste" must identify all areas, tanks and containers used to accumulate hazardous waste. In addition, tanks and containers must be marked with other words to identify their contents;

(4) eachcontaineris properlylabeled andmarked according to section 372.2(a)(5)- (6) ofthisTitle;

(5) the generator complies with the requirements for personnel training in section 373-3.2 ofthis Part, for preparedness and prevention in section 373-3.3, and contingency plans and emergency procedures in sections 373-3;4 arid 376.1 (g)(I)(v) ofthis Title; and

'(8) [Re68R'sJ.;j, (at) (Re8el
,eat) (e) An extension ofthe 90-dayperiod may be grantedby the commissionerifhazardous wastes must remain onsite for longer than 90 days due to unforseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the dis(,;retion ofthe commissioner on a case-by-case basis. (iv) The storage in containers ortanks ofliquid hazardous wastethat is generatedonsite in the Counties ofKings, Nassau. Queens. and Suffolk, or overthe Schenectady/Niskayuna AqUifer System in Schenectady, Saratoga and Albany Counties and the Clinton Street

- Ball Park Valley Aquifer System in Broome and Tioga Counties. for periods of90 days or less. The requirements ofthis subparagraph do not apply to small-quantity generators, except as provided in clause (g). These storage areas must comply with the following requirements whenever any quantity ofliquid hazardous waste is stored onsite in tanks. or whenever the total quantity ofliquid hazardous waste storedonsiteintanks. orwheneverthe total quantity ofliquid hazardous waste stored onsite incontainers exceeds 185 gallons. (Waste stored in

areas exemptedby subparagraph [vi] or [xiv] ofthis paragraph and characteristic hazardous waste stored prior to recycling are excluded from this volume.) Ifless than 185 gallons of liquid hazardous waste are stored in containers onsite

.. the provisions of section 373-1.1 (d)(I)(iii) mustbe met forthat wastein lieu oftherequirements ofthis subparagraph: 

### ("'1**~b)** [Redtl**i~** (c) the facility submits a written notification to the appropriate regional office stating that it qualifies for this exemption;

(d) the facility complies with the requirements ofclause (iii)(c) ofthis paragraph; in addition. the closureplan requirements ofsection 373-3.7(a)-(f) ofthis Part mustbe met;

(e) the facility complies with therequirements ofECL article 17;

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### §373-1.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

(j) 

### the tank and container storage areas are within a secondary containment system:

(1) 

### for container storage exceeding 185 gallons, the containment system must be designed and operated in accordance with section 373-2.9(f)(1) ofthis Part; and

(2) for 

### tanks, the secondary containment system must be designed and constructed in accordance with the requirements ofsection 373-3.1O(d) ofthis Part.



### (3) by December 

### 31, 1987. existing facilities in the Counties of Kings. Queens. 

### Nassau and Suffolk must satisfy the secondary containment requirements in section 373-2.9(f) ofthis Part for containers, ar sectian 373-3.1O(d)(3)(iv) and (d)(5)(i)(a), (b) 

### and (c) 

### ofthis Part for tanks. All other secondary containment requirements in section 

### 373-3.10(d) of 

### this Part must be satisfied by the dates specified in section 373-3. IO(d)(I).



### (4) by December 31, 1988, existing facilities in the Schenectady/Niskayuna and Clinton Street

- Ball Park Valley Aquifer Systems must satisfy the secondary**contain~** 

### ment requirements described in subclause (3) of this clause. All other secondary containment requirements must be satisfied by the dates specified in section 373-3. IO(d)(I) afthis Pan. (g) 

### Forasmallquantity generator, the requirements ofsubclauses (j)(l) 

### and (2) ofthis subparagraph must be met at the time more than 185 gallons ofliquid hazardous wastes

are accumulated or at the time any liquid hazardous wastes are accumulated in**under~** 

### ground storage tanks. (Waste stored in areas exempted by subparagraph [vi] or [xiv] of this paragraph and characteristic hazardous wastes stored prior to recycling are excluded from these volumes.) The storage ofhazardous waste must also comply with the**require~** 

### ments ofsectian 372.2(a)(8)(iii) through (v) afthis Title. (1) 

### By December 22. 1998, existing tank or container storage units. not subject to secondary containment requirements prior to the effective date of these regulations, must be 

### in compliance with the requirements ofthis clause.

(2) Tank and container storage units. the construction of installation of which

commences on or after the effective date ofthese regulations, must be in compliance with the requirements ofthis clause priorto use. (11) 

### An extension of the**90~day** 

### period may be granted by the commissioner if hazardous wastes must remain onsite for longerthan 90 days due to unforseen, temporary and uncontrollable circumstances. An extension ofup to 30 days may be granted at the discretion ofthe commissioner on acase-by-case basis. (v) The onsite storage and treatment ofhazardous waste by generators that generate less than loo kilograms of hazardous waste in any calendar month and store less than 1000 kilograms. The conditionally exempt small quantity generatorrequirements listed in section 371.1 (f) 

### of this Title remain applicable. If at 

### any time the amount of hazardous waste exceeds 1,000 kilograms, this exemption does not apply. This exemption applies to the onsite storage and treatment ofacute hazardous wastes only ifthe generator generates and stores in any calendarmonth such acute hazardous waste in quantities less than those listed in clause (i)(b) 

### ofthis paragraph.

(vi) The storage and recycling of the recyclable materials identified in section 371.1 (g)(l)(iii) and (iv) afthis Title.



### (vii) The storage ofthe recyclable materials'listed in section 371.1 (g)(i)(ii) ofthis Title provided that Subpart 374-1 ofthis Title is complied with. (Note: 

### Subpart**374~1** 

### will require that the facility also complies with selected sections ofthis Part.)

(viii) The recycling ofhazardous wastes, provided in section 373-2.2(c) (identification number),**373~2.5(b)** 

### or 373-3.5(b) (manifest requirements) ofthis Part and clause (d) 

### ofthis subparagraph are complied with. (The storage ofhazardous waste prior to recycling is not exemptunder this subparagraph.) In addition: (a) 

### this exemption is available to:

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### § 373-1.1

s are 

### removed from the site within 30 days ofthe end ofthe (]) commercial facilities thatreclaimprecious metals, asdefinedin section 374-1.6 ofthis Title; and

(2) mobile or 

### transportable commercial facilities which operate on the generator's site, ifa containment area, which meets the requirements ofsection 373-2.9(1) ofthis Part, is provided for the reclaiming facility and any associated, temporary container holding or storage area; (b) 

### this exemption is not available to any units, other than boilers and industrial furnaces, thatburn hazardous wastes for energyrecovery;

(c) 

### exempted processes that recycle the hazardous wastes listed in section 371.l(g)(I)(ii) of this Title must comply with Part 374 of this Title in lieu of the requirements specified in this subparagraph. (Note: 

### Part 374 will require that the facility also complies with selected sections ofthis Part); and

(d) 

### owners or operators offacilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous waste are subject to the requirements ofsections 373-2.27, 373-2.28, 373-3.27 and 373-3.28 ofthis Part. (ix) The on-site treatment ofhazardous waste, by 

### the generator, in the same tanks or containers that are used for accumulation and storage of such wastes. Exempt units must comply with the requirements ofsubparagraphs (iii) 

### and (iv) ofthis paragraph and with the requirements ofsection 372.2(c)(4) ofthis Title. Any treatment or placement ofhazardous waste in amannerthatconstitutes land disposal, as defined in section 370.2(b) ofthis Title, does not qualify for this exemption.

treating liquid PCB's and PCB contaminated dielectric oils both from electrical equipm provided thatthe following conditions are met: (a) 

### the unithas an appropriate authorization underthe Toxic Substances C trol Act (TSCA) from the United States Environmental Protection Agency for the B wastes being treated by the unit;

(b) 

### prior to commencing work at a site and at all times while han ng the waste, the treatmentunit is provided with physical barriers to 

### limit access by nauthorized persons and with posted signs reading "DangerPCB work" and "Autho' dPersonnel Only;"

(c) an 

### impervious secondary containment system such a synthetic liner is spread

overthe areaon which the treatment unit is located. In ad tion, this containment system must be designed to contain and 

### collect spills from th nit 

### and its associated pipes and fittings without migrating into the surrounding area fter the treatment ofPCB 

### waste is complete, this linermustbe decontaminated and! disposed ofas hazardous waste;

(d) (1) 

### allcontainers ofPCB treatment stes generatedinthetreatmentofPCB oil

are stored on impervious surfaces with ontainment system ofsufficient capacity to contain 20 percentofthe volume ofc tainers stored;

(2) 

### on-site storage ofall was resulting from the mobile treatment unit shall be 

### limited to forty 55-gallon dru at anyone time. These drums must, at all times, be stored within a secure are rovided with 

### a fence to limit access of unauthorized personnel;

(3) 

### all ofthese treatment; (e) 

### the unit's nerhas available at all times in the mobileunit awritten contingency plan meeting t requirements ofsectiort 373-3.4 ofthis Part;

if) 

### 30 ys before beginning the PCB oil treatment at a site, the unit's owner must notifyt local emergency response agencies and the New YorkDepartmentofEnvironmen Conservation Regional Offices (A1TN: Regional Engineer) ofthe intended PCB ment at the site with the information on the site, expected duration of treatment,

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### Conservation

### § 373-1.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

requirements (including reporting ofspills) ofsection art;

(h) this exem' a e to mobile units located at anyone site for more

(xi) Totally enclosed treatment facilities, as definedin Part370 ofthis Title. (xii) Elementary neutralization units or wastewater treatment units, as defined in Part 370 ofthis Title, otherthan units that are part ofcommercial hazardous waste management facilities as defined in Part 370ofthis Title. Elementary neutralization units and wastewater treatment units located at commercial hazardous waste management facilities that are only usedto neutralize ortreathazardous wasteresulting from therecycling ofhazardous wastes

orfrom thereclamation ofprecious metals from hazardous wastes are also exempt. Elementary neutralization units and wastewater treatment units that are used to commercially neutralize ortreathazardous wastes, generatedonly at geographically contiguous sites, and transported via dedicated pipeline are also exempt. Exempt units must comply with the following: (a) the requirements for personnel training in section 373-3.2 of this Part, for preparedness andpreventionin section 373-3.3, andforcontingencyplans and emergency procedures in section 373-3.4;

(b) theunits aremanagedin accordancewith sections 373-3.9 and 373-3.10(k) ofthis Part;

(c) all areas, containers and tanks used to treathazardous wastemustbe marked with the words "hazardous waste" andotherwords that identify the contents;

(d) for batch treatment and equalization units, the date on which each period of accumulation begins is clearly markedand visible forinspection; and

(e) ifthe owner oroperatoris diluting hazardous ignitable (Dool) wastes (other than the DOOI highToe subcategory defined in section**376.4(~)** ofthisTitle, TableTreatment Standards for Hazardous Wastes) or reactive (D003) waste to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in sections 373-2.2(i)(2) and 373-3.2(h)(2) ofthis Part. (xiii) (a) Treatmentorcontainmentactivities during immediateresponseto any ofthe following situations: (1) a discharge ofahazardous waste; (2) an imminent and substantial threatofadischarge ofhazardous waste; (3) a discharge ofamaterial which, when discharged, becomes ahazardous waste;

or(4) an immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as definedin section 370.2(b) ofthis Title. (b) An owner or operator of a facility otherwise regUlated by this Subpart must comply with all applicablerequirements ofsections 373-2.3, 373-2.4, 373-3.3 and373-3.4 ofthis Part.

(e) Any person who is coveredby clause (a) ofthis subparagraph, andwho continues

or initiates hazardous waste treatment or containment activities after the immediate response is over, is subjectto all applicable requirements ofthis Partfor those activities.

(d) In the case ofemergency responses involving military munitions, the responding military emergency response specialist's organizational unit mustretain records for three years identifying the dates of the response, the responsible persons responding, the type and description ofmaterial addressed, and its disposition. (xiv) Accumulation areas are exempt, provided that they are used to accumulate waste in accordance with therequirements ofsection 372.2(a)(8)(i) ofthis Title.

6128 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-1.1

(xv) Atransporter storingmanifested shipments ofhazardous waste in containers meetingtherequirements ofsection 372.2(a)(4) ofthisTitle at atransferfacility foraperiod of 10 calendardays orless is exempt.

(xvii) The addition ofabsorbent material to waste in acontainerorthe addition ofwaste to absorbent material in a container. provided thatthese actions occur at the time waste is firstplacedinthe container: and sections 373-2.2(i)(2) and 373-2.9(b)-(c) are compliedwith.

from conditionally exempt small quantity generators e e requirements ofsection 372.1 (e 3 . Ov) ed thattheprogram sponsororownerfoperator

(xix) The placement on drip pads ofhazardous waste that is generated onsite, for a period not exceeding 90days. providedthe generatorcomplies with section 373-3.23 ofthis Part and maintains the following records at thefacility: (a) a description ofprocedures that will be followed to ensure that all wastes are remov.ed from the drip pad and associated collection system at least once every 90 days; and

(b) documentation ofeach waste removal. induding the quantity ofwaste removed from the drip pad and the sump orcollection system andthe date and time ofremoval. In addition. such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 ofthis Part, exceptfor section 373-3.7(b) and (e) ofthis Part. Such a generatormust also comply with the requirements for owners and operators in sections 373-3.3. 373-3.4, and 373-3.2(g) ofthis Part andwith section 376.1 (g)(l)(iv) ofthis Title.

(xx) The placement in containment buildings of hazardous waste that is generated onsite. for a period not exceeding 90 days, provided the generator complies with section 373-3.30 ofthis Part. and has placedits professional engineercertification that the building complies with the design standards specified in section 373-3.30(b) in the facility's operating record no laterthan 60days afterthe date ofinitial operation oftheunit. AfterFebruary ]8, ]993, PE certification will be required prior to operation of the unit. The owner or operatorshall maintainthefollowing records at the facility: (a) a written description ofprocedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and managementpractices forthe facility showing that they are consistent with respecting the 90 day limit. and documentation that the procedures are complied with; or

(b) documentation that the unit is emptied atleast onceevery 90 days. In addition. such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 ofthis Part, exceptfor section 373-3.7(b) and (e) ofthis Part. Such a generatormust also comply with the requirements for owners and operators in sections 373-3.3. 373-3.4. and 373-3.2(g) ofthis Partand with section 376.1 (g)(1 )(iv) ofthis Title.

(xxi) ANew York State utility central collection facility consolidating hazardous waste in accordance with section 372.2(d) ofthis Title. This exemption expires on May 24. 20II. (2) The following facilities are exempt from this Part under the given conditions listed:

(i) Abarge or othervessel which accepts hazardous waste forocean disposal is exempt. ifthe owner oroperator: (a) has a permit for ocean dumping issued pursuant to 40 CFR part 220 (Ocean Dumping, authorizedby the Marine Protection. Research and Sanctuaries Act. 33 USCA l420. etseq.) (see section 370.I[e] ofthisTitle); and

(b) complies with the hazardous waste regulations in the following sections 

## or Ihis Title:(1) 373-2.2(c), identification number; (2) 373-2.5(b) or 373-3.5(b) (manifest requirements);

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### § 373-1.1 TITLE6 ENVIRONMENTAL CONSERVATION



### (3) 373-2.5(c)(1) and (2)(i), operating record; (4) 373-2.5(e), annual report; and (5) 373-2.5(f), unmanifested waste report.

Note: Part 373 regulations do apply to the treatment or storage ofhazardous waste before it is loaded ooto an ocean vessel for incineration or disposal at sea, (ii) 

### Facilities which dispose of hazardous waste 

### by injection well, if 

### the oWner 

### or 

### operator: (a) 

### has a permit for underground injection issued under 40 CFR part 144, subpart C,

orpart 145. subpart C (see section 370.I[e] ofthis Title);

(b) 

### complies with 

### the conditions of that permit and the requirements of 40 CFR 144.14 

### (requirements for wells managing hazardous wastes) (see section 370. 1[e] ofthis Title); (c) 

### has a SPDES permit issued under Part 751 of this Title and complies with the conditions ofthatpermit and therequirements ofParts 750through 757 ofthis Title. State Pollutant Discharge Elimination System; and

(d) 

### for DIC penuits issued after November 8, 1984:

(I) 

### complies with section 373-2.6(1) ofthis Part; and (2) where the DIe well is the only unit at afacility which requires a RCRA permit, complies with section 373-1.5(a)(4) ofthis Subpart.

Note: Part 373 regulations apply to the treatment or storage of hazardous
waste before it is injected underground. 

### (iii) A POTW which accepts hazardous waste for treatment ifthe owner or operator: (a) 

### has a State Pollutant Discharge Elimination System (SPDES) permit issued for a discharge to surface waters only;

Note: Discharges from a POTW which have a SPDES permit and discharge
to ground water are not exempt. (b) 

### complies with the hazardous waste regulations in the following sections ofthis Title:(1) 

### 373-2.2(c), identification number; (2) 373-2.5(b) or 373-3.5(b) (manifest requirements); (3) 373-2.5(c)(I) and (2)(i), operating record; (4) 373-2.5(e), annual report; (5) 373-2.5(f), unmanifested waste report: (6) 373-2.6(1), corrective action for solid waste management units, for SPDES permits issued after November 8, 1984; and (c) 

### meets all Federal, State and local pretreatment requirements which would be applicable to the waste ifit werebeing discharged intothe POTW through asewer, pipeor similar conveyance. (e) Variances. 

### The department may, upon written application from any person who is subject to this Part. grant a variance from one or more specific provisions of this Part under the following conditions: (I) Any application for a variance must:

(i) identify the specific provisions ofthis Part from which a variance is sought; (ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique and peculiar to the applicant's particular situation. tend to 

### impose a substantial financial. technological or safety burden on the applicant or the public: and

6128.2 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES

(iii) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety orwelfare, the environment ornatural resources. (2) The commissioner will not grant any variance which would result in regulatory controls less stringent than those in the RCRA-delegatedprogram.

(3) In granting any variance, the commissioner may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety or welfare, theenvironment ornatural resources.

applications for permits, permit renewals and permit modification. and the procedure cable to the suspension andrevocation ofpermits, pursuantto this Pan, are setfo

. IS Subpan and in Part 621 ofthis Title.

(g) Enforcement. Without limitation to any ot 1 or criminal sanctions that may be applicable, aperson who violates any ofthe IOns ofthis Pan orofany permitissuedhereto,

or any order issued by the comm'

. er, will be liable for civiL administrative and criminal penalties given in article ,It

### e 21 of the ECL. Such a person shall also be subject to any penalties, sancti r orders resulting from any other applicable provision ofarticle 71 ofthe EeL. T mmissionerorhis/herrepresentative is authorized to enter and inspect any propeny

(h) Severability. Ifany provision ofthis Part or its application to any person or circumstanceis heldinvalid, theremainderofthis Pan. andthe applicationofthoseprovisions to persons orcircumstances otherthan those to which iti s held invalid. will notbe affected.

(i) Terms used in this Part are defined in Pan 370 ofthis title.

Historical Note Sec. filed May 14, 1985; amds. filed: Sept. 9, 1985; Oct. 24. 1985; May 2, 1986; Oct. 26, 1988; Dec. 2,1991;Nov. 15,1994; Oct. 19. 1995;Jan. 14, 2002;July 5,2005 eff. 60days after filing. Respectively: amended (d)(I)(iii)(c)(5); added (d)(I){xxi). 

### § 

### 373-1.2 Requirements for permits.

(a) No person shall operate an existing hazardous waste management facility without a permit issued pursuantto this Pan or withoutinterim status pursuantto this Part.

(b) Aperson thatoperates an existinghazardous waste managementfacility without apermit issued pursuant to this Part must meet the requirements of Subpan 373-3 of this Part and the applicable interim status provisions ofthis Subpart.

(c) No person shall begin physical constructionoforoperate anew hazardous wastemanagement facility without a permitissuedpursuant to this Part.

(d) Owners and operators ofhazardous waste management facilities must have a Part 373 permit during the active life (including the closure period) ofthe unit. and. for any unit which closes after January 26, 1983, during any post-closure care period reqUired under section 373-2.7(g) ofthis Pan and during any compliance period specified under section 373-2.6(g) of this Part, including any extension ofthe compliance period under section 373-2.6(g)(3) ofthis Part. An RCRA part B permit issued by the United States Environmental Protection Agency under 40 CFR parts 270 and 124 does not relieve an owner or operator ofthe responsibility for obtaining apermit pursuant to this Part. Facilities which currently have a permitissued pursuant to Part 360 ofthis Title for the management ofhazardous waste and qualify for the extension allowed under the State Administrative Procedure Act (SAPA), have authorization to operate until final administrative andjudicial disposition ofa permit application are made. Both ofthese facilities must also comply with the requirements ofSubpart373-3 ofthis Part and the applicable interim status provisions ofthis Subpartexcept section 373.1.3(g).

(e) Scope of the Pan 373permit requiremellt. The ECL and RCRA require apermitfor the treatment, storage, and disposal ofany hazardollS waste as identified orlisted in Part 371 ofthis Title. The terms treatment, storage. disposal. and hazardous waste are defined in section 370.2(b) of this Title. Owners and operators ofhazardous waste management units must have permits

07-15-1005 6128.3 Conservation

### § 373-1.2 TITLE 6 ENVIRONMENTAL CONSERVAnON

during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes afterJuly 

### 26, 1982, orthatcertifiedclosure (accordingto section 373-3.7[f][1] ofthis Part) afterJanuary 26, 1983. 

### must have post-closure permits. unless they demonstrate closure 

### by removal ordecontamination as provided under paragraphs (l) and (2) of this subdivision, or obtain an enforceable documentin lieu ofapost-closure pennit. as providedunderparagraph (3) ofthis subdivision. Ifa**post~c1osure** pennit is required, the permit must address applicable Subpart**373~2** (Groundwater Monitoring, Unsaturated Zone Monitoring. Corrective Action. and Post-Closure Care Requirements) ofthis Part. The denial ofa permit for the active life ofa hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit underthis Part (l) Closure by removal. Owners or operators of surface impoundments. land treatment units. and waste piles closing by removal or decontamination under Subpart 373-3 ofthis Part standards must obtain a post-closure pennit unless they can demonstrate to the commissioner that the closure met the standards for closure by removal or decontamination in section 

### 373-2.11 (t), 

### 373-2.13(h)(5) or 373-2.12(h) ofthis Part, respectively. The demonstration may be made in the following ways: (i) 

### If the owner or operator has submitted a Part 373 application for a post-closure permit. the owner or operator may request a determination, based on information contained inthe application, that Subpart 373-2closure by removal standards were met. 

### Ifthe commissionerbelieves that Subpart 373-2 standards were met, he or she will notify the public ofthis proposed decision, allow for public comment, and reach a final determination according to the procedures in paragraph (2) ofthis subdivision.

(ii) 

### If the owner or operator has not submitted a Part 373 application for a post-closure permit, the owneroroperator may petition the commissionerfor adetermination that a postclosure penni! is not required because the closure met the applicable Subpart 373-2 closure standards. (a) The petition must include data demonstrating that closure by removal or decontamination standards were met, or it must demonstrate that the unit closed under the Subpart 373-2 closure by removal standard.

(b) The commissioner shall approve or deny the petition according to the procedures outlined in paragraph (2) ofthis subdivision. (2) Procedures forclosureequivalencydetermination. (i) Ifafacility owneroroperator seeks an equivalency demonstration under paragraph (l) ofthis subdivision, the commissioner will provide the public, through a newspapernotice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date ofthe 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 the equivalence ofthe Subpart 373-3 closure to a Subpart 373-2 closure. The commissioner will give public notice ofthe hearing at least 30 days before it occurs. (Public notice ofthe hearing may be given atthe same time as notice ofthe opportunity for the public to submit written comments. and the two notices may be combined.)

OJ) The commissioner will determine whether the Subpart 373-3 closure met Subpart 373-2 closure by removal or decontamination requirements within 90 days ofits receipt. If the commissioner finds that the closuredid not meetthe applicable Subpart 373-2 standards, he or she will provide the owner or operator with a written statement ofthe reasons why the closure failed to meet Subpart**373~2** standards. The owneroroperator may submitadditional information in support ofan equivalency demonstration within 30 days after receiving such written statement. The commissioner will review any additional information submitted and make a Final determination within 60 days.

(iii) If the commissioner determines that the facility did not close in accordance with Subpart 373-2 closure by removal standards, the facility is subject to**post~closure** permitting requirements.

6128.4 Conservation 07-15.-2005CHAPTER IV QUALITY SERVICES 

### § 373-1.3

(3) Enforceable documents for**post~closure** 

### care. At the discretion ofthe department, an
owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements ofsection 373-3.7(k) ofthis Part. Enforceable document 

### means an order, a plan or other document issued by 

### the department under article 27 or 71 of the Environmental Conservation Law (EeL), 

### including, but not limited to a corrective action order, a CERCLA or State inactive hazardous waste site remedial order or a closure or postclosure plan, and enforceable under 

### anicle 71 ofthe ECL.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2,1986; Oct. 26, 1988; Dec. 2,1991; Nov. 15, 1994; Jan. 14,2002 eff. 60 days afterfiling. Amended (e). 

### § 373-1.3 Interim statns.

(a) General. 

### New York State's hazardous waste management facility permitting program consists ofaphase called "interim status" for qualifying facilities and aphase that constitutes the fonnal pennit process. Interim status 

### is a condition under which facilities may operate prior to completing pennitprocessing requirements. It is atemporary measure designed to phase existing facilities into compliance with permit requirements. Only certain facilities will be eligible to receive interim status. All others, including new facilities, mustobtain permits before commencing operation. Operation during interim status is conditionedupon compliance with performance standards set forth in Subpart 373-3 ofthis Part. Interim status may be modified, suspended or revoked in a manner similarto apermit.

(b) Eligibility. 

### The owners and operators ofthe following types offacilities are eligible for interim status: (1) Owners oroperators ofexistinghazardous waste managementfacilities who submitted part A oftheir RCRA pennit application to the regional administrator no later than:

01-15-2002 6128.5 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-1.3

(i) six months after the date of publication of regulations which first require them to comply with the standards set forth in 40 CFR part 265 or 266 (see section 370.1 [eJ ofthis Title); or

(ii) 30 days after the date they first became subject to the standards set forth in 40 CFR part 265 or 266 (see section 370.1 [e} ofthis Title), whichever occurred first.

Note: For facilities which had to comply with 40 CFR part 265 because they handle a waste listed in EPA's May 19,1980, part 261 regulations (45 FR 33006, et seq.), the deadline for submitting an application was November 19, 1980. Where other existing facilities had to begin to comply with 40 CFR part 265 or266 at alaterdate because ofrevisions

to 40 CFR pan 260, 261, 265 or 266, the administrator specified in the preamble to those revisions when those facilities had to submit a part A applicalion. (iii) for generators generating greater than 

### IDa kilograms but less than 

### I,000 kilograms ofhazardous waste in a calendar month and treats, stores or disposes ofthese wastes onsite, by March 24, 1987. (2) Facilities which were not required to submit a part A oftheirRCRA permit application to EPA, but which are subject to the permit requirements ofhis Part and submit an EPA part A application to the regional permit administratorin whosejUrisdiction the facility is located, and the director, within 30 days ofthe effective date ofthis Part.

(3) Facilities that first become subject to the permit requirements of this Part due to a change in Part 371, 373 or 374 ofthis Title and who submit an EPA part A application to the regional permit administrator in whose jurisdiction the facility is located, and the**commis~** sioner, within 30 days ofthe effective date ofthe change in Part 371, 373 or 374.

(4) Facilities that have an RCRA part B permit issued by EPA but do not have a Part 373 pennit.

(5) Notwithstanding the above, any owner or operator of an existing hazardous waste management facility must submit a Part 373 permit application in accordance with the dates specified in subdivision (h) ofthis section. Any owneror operatorofa land disposal facility in existence on the effective date of a change to Part 370, el seq. of this Title that requires the facility to have a Part 373 permit must submit a Part 373 permit application in accordance with the dates specified in subdivision (h). (c) Qualifyingforinterim status. 

### 0) Any person who owns oroperates an existing HWM facility or a facility in existence on the effective date of statutory or regulatory amendments under the 

### EeL and its regulations that render the facility subject to the requirement to have a Part 373 permit will have interim status and will be treated as having interim status, provided that: (i) the facility is among the categories specified in subdivision (b) ofthis section: and (ii) the owner or operator has complied with the requirements of subdivision (d) ofthis section governing submission ofinterim status applications. (2) When the commissioner determines on examination or reexamination of an interim status application that it fails to meet the standards of this Part, the commissioner may

commence proceedings to revoke interim status.

(3) Paragraph 

### 0) of this subdivision does not apply to any facility which has been previously denied aPart 373 orRCRA part B permit orifauthority to operate the facility under this Part or RCRA has been previously terminated. (d) General procedures for interim Slaws application. (1) Applicant. Whenever the

owner and the operator of a facility are different persons, the operator is responsible for submitting the required application for interim status, except that the owner is also responsible for signing the application. The operator must also receive the owner's permission to conduct all regulated activities. including adequate agreement for site access during the**post~closure** period for disposal facilities.

}-}-95 (Reissued 7/95) 6129 Conservation

### § 

### 373-1.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(4)(i) (2) Forms. The part A of the USEPA RCRA pennit application (see section 370.1[e] of this Title) is the application fann for New York State interim status pursuant to this Part.

(3) Submission of applications. The application shall be submitted to the regional pennit administrator in the Department ofEnvironmental Conservation region in which the facility is located and to the Director, Division ofHazardous Substances Regulation.

Note: Ifthe applicant submitted the application to USEPA Region II prior to July 14. 1985, then the requirements ofparagraph (3) of this subdivision have been satisfied. Signatories to interim status applications and reports,

Applications. All applications must be signed as follows: (a) for a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officermeans: (1) a president, secretary, treasurer or**vice~president** ofthe corporation in chargeof

a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(2) the manager ofone or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales orexpenditures**exceed~** iog $25 million (in**second~quarter** 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure: or (b) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

(c) for a municipality, State, Federal or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officerofagovernmental agency includes: (1) the chiefexecutive officerofthe agency; or (2) a senior executive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency. (ii) Reports. All reports required for interim status and other information requested by the commissioner must be signed by a person described in paragraph (4) ofthis subdivision,

orby aduly authorized representative ofthat person. A person is aduly authorized representative only if; (a) the authorization is made in writing by aperson described in paragraph (4) ofthis subdivision:

(b) the authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity, such as the position of plant manager. operator of a well or a well field, superintendent. or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(c) the written authorization is submitted to the commissioner. (iii) Changes to authorization. Ifan authorization under subparagraph (ii) of this paragraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph Oi) must be submitted to the commissioner prior to or together \\'ith any reports, information or applications to be signed by an authorized representative.

(iv) Certification. Any person signing a document under subparagraph (i) or (ii) ofthis paragraph must make the following certification:

"} certify underpenalty ofJaw that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for

6130 Conservation (Reissued 7/95) J-1-95CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.3

gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility offine and imprisonment for knowing violations

..- (e) Contems ofrhe applicationfor il1lerim status. The application form for interim stams must include the following specific information: (1) the activities conducted by the applicant which require a permit under this Part: (2) name, mailing address and location, including latitude and longitude ofthe facility for which the application is submitted:

(3) up to four standard industrial classification (SIC) codes which best reflect the principal products or services provided 

### by the facility:

(4) the operator's names, address, telephone number, ownership status. and status as Federal, State. private, public or other entity:

(5) the name, address and phone number ofthe owner ofthe facility; (6) whether the facility is located on Indian lands: (7) an indication ofwhetherthe facility is new orexisting and whetheritis a first orrevised application;

(8) for existing facilities:

(i) a scale drawing of the facility showing the location of all past, present and future treatment, storage and disposal areas: and

(ii) photographs ofthe facility, clearly delineating all existing structures: existing treatment, storage and disposal areas: and sites offuture treatment, storage and disposal areas. (9) a description ofthe processes to be used for treating, storing and disposing ofhazardous waste, and the design capacity ofthese items;

(10) a specification ofthe hazardous wastes listed ordesignated underPart 371 ofthis Title to be treated, stored or disposed ofat the facility, an estimate ofthe quantity ofsuch wastes to be treated, stored ordisposed ofannually, and a general description ofthe processes to be used for such wastes;

(11) a listing ofall pennits or construction approvals received or applied for under any of the following programs: (i) Hazardous Waste Management program under RCRA (see section 370.I[e] of this Title):

(ii) UIC program under the SDWA (see section 370.1 [e]): (iii) SPDES under ECL anicle 17: (iv) Prevention ofSignificant Deterioration (PSD) program underthe Clean AirAct and 40 CFR 52.21 as administered by the Depanment ofEnvironmental Conservation;

(v) nonattainment program under the Clean Air Act (see section 370.1 [eD and Part 231 ofthis Title:

(vi) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act and 40 CFR Part 61 as administered by the Department ofEnvironmental Conservation under delegation from USEPA:

(vii) ocean dumping permits under the Marine Protection Research and Sanctuaries Act (see section 370.1 [eJ):

(viii) dredge or fill permits under section 404 ofthe CWA (see section 370.1 [eD: or Ox) other relevant environmental permits, including other Federal, State and local permits: (12) a topographic map extending one mile beyond the propeny boundaries of the site, depicting the facility and each ofits intake and discharge structures; each ofits hazardous waste treatment, storage or disposal facilities; each well where fluids from the facility are injected

1-1-95 (Reissued 7/95) 6131 Conservation

### § 373-1.3 TITLE 6 ENVIRONMENTAL CONSERVATION

underground: and those wells, springs, other surface water bodies and drinking water wells listed in pUblic records or otherwise known to the applicant within onc quarter mile of the facility property boundary: and

(13) 

### a briefdescription ofthe nature ofthe business. (D Operation during interim status. (1) During the interim status period the facility must not: 0) treat, store or dispose of hazardous waste not specified in pan A of the permit

application:

(ii) employ processes not specified in the interim status application; or (iii) exceed the design capacities specified in the interim status application. (2) Interim status standards. During interim status, owners or operators must comply with the interim status standards ofSubpart 373-3 ofthis Part and, in the case ofowners oroperators that have an RCRA part B permit issued by EPA, comply with the requirements ofthe EPA part B pennit. (g) Changes during interim status. (I) Except as provided in paragraph (2) ofthis subdivision, the owner or operator ofan interim status facility may make the following changes at the facility: (i) treatment, storage, or disposal ofnew hazardous wastes not previously identified in the interim status application (and, in the case ofnewly listed or identified wastes, addition ofthe units being used to treat, store, ordispose ofthe hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a revised interim status application prior to such treatment, storage, or disposal:

(ii) increases in the design capacity of processes used at the facility if the owner or operator submits a revised interim status application prior to such a change (along with a justification explaining the need for the change) andthe commissioner approves the changes because: (a) there is a lack of available treatment. storage, or disposal capacity at other hazardous waste management facilities; or

(b) the change is necessary to comply with a FederaL State, or local reqUirement; (iii) changes in the processes for the treatment, storage, or disposal ofhazardous waste

or addition ofprocesses ifthe owner oroperator submits a revised interim status application prior to such change (along with ajustification explaining the need for the change) and the commissioner approves the change because: (a) the change is necessary to prevent a threat to human health and the environment because ofan emergency situation: or (b) the change is necessary to comply with a Federal, State. or local requirement: (iv) changes in the ownership or operational control of a facility if the new owner or operator submits a revised interim status application no later than 90 days prior to the scheduled change. When a transfer ofoperational control ofa facility occurs, the old owner
or operator shall comply with the requirements of section**373~3.8** of this Part (Financial requirements), until the new owner or operator has demonstrated to the commissioner that he/she is complying with the requirements ofthat section. The new owner or operator must demonstrate compliance with section 373

H3.8 ofthis Part requirements within six months of the date ofthe change in ownership or operational control ofthe facility. Upon demonstra

H tion to the commissioner by the new owner or operator ofcompliance with section 373-3.8 ofthis Part, the commissionershall notify the old owner oroperator in writing that he/she no longer needs to comply with section 373

H3.8 ofthis Part as ofthe date ofdemonstration. All other interim status duties are transferred effective immediately upon the date ofthe change in ownership oroperational control ofthe facility;

(v) changes made in accordance with an interim status corrective action order issued by the USEPA under section 3008(h) or other Federal authority, by the commissioner under

6132 Conservation (Reissued 7/95) I

H I-95CHAPTER IV QUALITY SERVICES 

### § 373-1.3

section 71**~2727(3)** ofthe EeL or by a courtin ajudicial action brought by the USEPA or by 

### New York State. Changes under this paragraph are limited to 

### the treatment, storage, or disposal ofsolid waste from releases that originate within the boundary ofthe facility;

(vi) addition ornewly regulatedunits forthe treatment, storage, ordisposal ofhazardous waste 

### ifthe owner or operator submits a revised part A permit application on or before the 

### date on which the unitbecomes subjectto the new requirements. (2) Except as specifically allowedunderthis paragraph, changes listedunderparagraph (1) ofthis subdivision may not be made 

### ifthey amount to reconstruction ofthe hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent ofthe capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made

even ifthey amount to areconstruction: (i) changes made solely for the purposes ofcomplying with the requirements ofsection 373-3.1O(d) ofthis Part for tanks and ancillary equipment;

(ii) if necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards ofsection 373-2.11, 373-2.14, 373-3.11 or 373-3.14 ofthis Part;

(iii) changes thatare necessary to allow owners oroperators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date ofthe rule establishing the new listing or identification;

(iv) changes during closure ofafacility or ofa unit within afacility made in accordance with an approved closure plan;

(v) changes necessary to comply with an interim status corrective action orderissued by the USEPA under section 3008(h) or other Federal authority, by the commissioner under section 71-2727(3) ofthe ECL, orby acourt in ajudicial proceeding broughtby the USEPA

or by New York State, provided that such changes are limited to the treatment, storage, or disposal ofsolid waste from releases that originate within the boundary ofthe facility;

(vi) changes to treat or store, in tanks, containers or containment buildings, hazardous wastes subject to land disposal restrictions imposed by Part 376 of this Title or RCRA section 3004, provided that such changes are made solely forthepurposeofcomplying with Part 376 or RCRA section 3004;

(vii) addition of newly regulated units under subparagraph (1)(vi) ofthis subdivision; and

(viii) changes necessary to comply with standards under 40 CFR part 63, subpart EEE, National Emission Standards forHazardous AirPollutants FromHazardous Waste Combustors, as incorporatedby reference in section 370.1(e) ofthis Title. (h) 

### Termination ofinterim status. (1) Interim status terminates when final administrative disposition of a pennit application, except an application for a remedial action plan (RAP) under section**373~l.ll** ofthis Subpart, is made.

(2) Failure to furnish a requested Part 373 pennit application on time, orto furnish in full the informationrequired by the permit application, is grounds for termination ofinterim status underthis subdivision.

(3) The commissioner may revoke the interim status of any facility or operation upon a showing ofa violation ofany law, rule or regulation related to interim status, or for any other

reason that would serve as grounds for revocation ofa permit. The procedures governing such revocation shall be the same as those governing the revocation ofpermits as provided for in Parts 621 and 624 ofthis Title.

(4) For owners or operators ofeach land disposal facility which has been granted interim status prior to November 8, 1984, interim status tenninates on November 8, 1985, unless: (i) the owner or operator submits PanB ofthe USEPA RCRA permit application to the regional administratorprior to that date; and

01 15-2002 6133 Conservation

### § 373-1.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(ii) 

### the owner or operator certifies that the facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements. 

### (5) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the 

### EeL and its regulations that require the facility to have a Part 373 permit and which is granted interim status, interim status terminates 12 

### months after the date on which the facility first becomes subject to 

### such permit requirements unless the owneror operator ofsuch facility: 

### 0) submits a Part 373 application for the facility within 12 months after the date on which the facility fIrstbecame subject to such permitrequirement; and

Oi) certifies that the facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements. (6) 

### For owners or operators ofany land disposal unit that is granted authority to operate under subparagraph (g)(1)(i), (ii) or (iii) of this section, on the date 12 months after the effective date of such requirement unless the owner or operator certifies that such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements.

(7) For owners or operators ofeach incinerator facility which has achieved interim status priorto November8, 1984, interim status terminates on November8, 1989,unless the owneror operator of the facility submits a Part 373pennit application for the incinerator facility by November 8, 1986.



### (8) For owners or operators of any facility (other than a land disposal or an incinerator facility) whichhas achievedinterimstatus priorto November8, 1984, interim status terminates

on November 8, 1992, unless the owner or operator ofthe facility submits a Pan 373 application for the facility by November 8, 1988. 

### (0 Updating interim status applications. (1) 

### If any owner or operator of a hazardous waste managementfacility has filed aninterim status applicatiOh and has notyet filed for a Part 373 pennit, the owneroroperatormust file an amendedinterim status application (EPA RCRA part A): (i) 

### with the regional pennit administrator in whose jurisdiction the facility is located, and the director, no laterthan the effective date ofrevised regulations underPan 371 ofthis Title, listing or identifying additional hazardous wastes ifthe facility is treating, storing or disposing ofany ofthose newly listed oridentified wastes;

(1i) as necessary to comply withprovisions ofsubdivision (g) ofthis section for changes during interim status. Revised EPA RCRA part A applications for New York State interim status mustbe filed with the regional permit administratorofjuriSdiction and 

### the director. (2) 

### The owneroroperatorofafacility who fails to comply with the updatingrequirements ofparagraph (1) 

### ofthis subdivision shall not receive interim status for the wastes not covered by duly filed interim status applications (EPA 

### ReRA part A's).

Historical Note Sec. 

### filed May 14, 1985; 

### amds. filed: May 2, 1986; May 14, 1987; Oct. 26, 1988; Dec. 2, 1991; Nov. 19, 1993; Nov. 15,1994; Sept. 29,1998; Jan. 14,2002 eff. 60 

### days after filing. Amended (g)(2), (h)(I). 

### § 373-1.4 Permitapplication requirements.

(a) 

### General. (1) 

### These requirements apply to the owneror operator ofa hazardous waste management facility who is requiredby this Pan to apply for a pcnnit to construct or operate a facility. At any time after promulgation of this Part, the owner or operator of an existing hazardous waste managementfacility whichhas interim status may be requiredto submit a Part 373 permitapplication. Any owneroroperatorwillbe allowed at least six months from the date ofrequest to submit the pennit application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit a Pan 373 permit application at any time. Procedures for application, issuance and administration ofresearch, development and demon6134 

### Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.4

stration permits are found exclusively in section 373-1,9(e) of this Subpart. The expanded public participation requirements are included in section 373-1.10 ofthis Subpart.



### (2) Permit applicant. Whenever the owner and the operator of a facility are different persons, both the owner and the operator

### will be issued apennit for the facility. The operatoris responsible for obtaining the required permit, but the owner is also required to sign the permit 

### application. The operator must also receive the owner's pennission to 

### conduct all regulated activities, including adequate agreement for site access during the**post~closure** 

### period for disposal facilities. Failure to 

### furnish a requested Part 373 permit application on time, or to furnish in full the information required by the pennit application, is grounds for termination of interim status under section 373-1.3(h) of this Subpart and constitutes a violation of this Subpart.

(3) 

### Forms, Applications for permits pursuant to this Part must be submitted on forms prescribed by the commissioner.

(4) Submissionofapplications. Applications mustbe submitted as describedinthis section and section 373-1.3(c)-(h) ofthis Subpartto the regional permit administratorin the region in which the facility is located or proposed, An application for a Part 373 permit for a new hazardous wastemanagementfacility maybefiled any time afterpromulgationofthe standards in Subpart 373-2 ofthis Part, however, all applications must be submitted at least 180 days before physical construction is expected to commence. (5) Signatories to permit applications and reports. (i) 

### Applications. All pennit applications mustbe signed as follows: (a) 

### for a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer

### means: (1) 

### a president, secretary, treasurerorvice-presidentofthecorporation incharge of

a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(2) the manager ofone or more manufacturing, production or operating facilities employing morethan 250persons orhaving gross annual sales orexpenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the managerin accordance with corporate procedures; (b) 

### for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (c) 

### for a municipality, State, Federal or other public agency: by either a principal executive officer or ranking elected officiaL For purposes of this section, a principal executive officer

### ofagovernmental agency includes: (1) 

### the chiefexecutive officer ofthe agency; or (2) a senior executive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency. (ii) Reports. All reports required by permits and other information requested by the commissionermustbe signed by aperson described in subparagraph (i) ofthis paragraph, or by aduly authorized representative ofthatperson. Aperson is aduly authorized**representa~** 

### tive only if: (a) 

### the authorization is made in writing by a person described in subparagraph (i) of this paragrapb; (b) 

### the authorization specifies either an individual or aposition having responsibility for overall operation ofthe regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any individual occupying anamed position); and

(c) 

### the written authorization is submitted to the corrunissioner.

01·15-2002 6135 Conservation

### § 373-1.4 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) Changes to authorization. Ifan authorization under subparagraph (ii) ofthis paragraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph (ii) must be submitted to the commissioner prior to or together with any reports, information or applications to be signed by an authorizedrepresentative.

(iv) Certification.

(a) Any person signing a document under subparagraph (i) or (ii) ofthis paragraph shall make thefollowing certification:

"I certify under penalty oflaw that this document and all attachments were prepared undermy direction or supervision according to a system designed to assure that qualified personnelproperly gatherandevaluatetheinformationsubmitted. Basedonmy inquiry of the person or persons who manage the system, orthose persons directly responsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate and complete. I 

### am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(b) For remedial action plans (RAPs) under section 373-1.11 ofthis Subpart, ifthe operatorcertifies accordingto clause (a) ofthis subparagraph, thenthe ownermay choose to make the following certification instead of the certification in clause (a) of this subparagraph:

"Based On my knowledge ofthe conditions ofthe property described in the RAP and my inquiry ofthe person orpersons who manage the systemreferenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, upon information and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility offme and imprisonmentfor knOWing violatiQ.Ps."

e commissioner in a notice of

Ce n facilities will require a certificate of enviroDo title 11 ofarticle 27 oftheECL and Part361 ofthis determinethatthe application is complete. However, the commissionermay deny apermitfo e active lifeofahazardous waste managementfacility orunitbeforereceiving a complete plication for apermit. In orderfor an applicationto be determined complete, the applicant ust: (1) satisfy the general requirements for complete applications contained i art 621 ofthis Title (Uniform Procedures Regulations);

(2) include all information required, both general and specific to e type offacility under this Part;

(3) include any supplemental information requested b incompleteness; and

(4) submitthe exposureinformationdescribedi Subpart. (c) 

### Siting certificate requirements. mental safety andpublic necessitypursu Title.

(d) 

### Draftpermitsfor RCRA egatedpennits. (1) In the 

### case of RCRA delegated permits, once 

### an application is mplete, the commissionerwill issue adraftpermitor anotice of intentto deny the applic on.

(2) A draft pe

. shall contain the following information:

(i) all 't conditions applicable to the specific facility as set forth in section 373-1.6 ofthis Subpart; all monitoring requirements setforth in section 373-1.6(b); all required conditions as setforth in section 373-1.6(c); and

6136 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-1.5,

requested variances or alternatives to required standards do or do

e beginning and ending dates of the comment period and the address where nts will be received; procedures forrequesting ahearing andthe nature ofthat hearing; and
any otherproceduresby whichthepublicmay participateinthefinal decision; and ofbasis orfact sheetbased onthe administrativerecordpubliclynoticed andmade availabl public comment as set forth in Part 621 ofthis Title. (e) Statement ofbasis. The department shall prepare a statement ofbasis for ery draft permitforwhich afact sheetunder subdivision (f) ofthis sectionis notprepared. Th tatement of basis shall briefly describe the derivation ofthe conditions ofthe draftpermitan ereasons for them or, in the case ofnotices ofintent to deny or terminate, reasons supp' ing the tentative decision. The statementofbasis shall be sentto the applicantand, on reques ,to anyotherperson.

(f) Factsheet. (1) Afact sheet shall be preparedfor every draft ermitfor amajorHWM facility and for every draft permit which the commissioner finds' the subject ofwidespread public interestorraises majorissues. Thefact sheetshallbriefly. etforth theprincipal facts and the significantfactual, legal, methodological and policy que ons considered in preparing the draftpermit. The commissionershall sendthis fact sheett e applicantand, onrequest, to any otherperson.

(2) The fact sheet shall include, when applicab :

(i) abriefdescription ofthe type offac' . y or activity which is the subject ofthe draft permit;

.

(ii) the type and quantity ofwaste uids orpoHutants which are proposed to be or are being treated, stored, disposed of, i . cted, emitted ordischarged;

(iii) abriefsummary ofthe is for the draft permit conditions, includingreferences to applicable statutory or regul ry provisions and appropriate supporting references to the administrativerecord;

(iv) reasons why not appearjustified;

(v) a descri on orthe procedures for reaching a final decision on the draft permit, including: 

### (a)

co

(g) Recordkeeping. Applicants must keep records of all data used to complete permit applications and any supplemental information submitted under sections 373-1.3, 373-1.4 and 373-1.5 ofthis Subpartfor aperiod ofatleast three years from the date the applicationis signed.

(h) The commissioner

### may require 

### apermitteeor an applicantto submit information in order to establish permit conditions under section 373-1.6(c)(2) ofthis Subpart.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; Dec. 2, 1991; Nov. 15, 1994; Sept. 29, 1998; Jan. 14,2002efL 60 days afterfiling. Amended (a)(5)(iv). 

### § 373-1.5 Contents ofpermit applications.

(a) General requirements. (1) The permit application consists of a completed part A application, the general information requirements ofthis section, and the specific information requirements in subdivisions ofthis Subpart applicableto the facility. Theinformationrequirements presented in subdivisions (a)-(p) ofthis section reflectthe standards in Subpart 373-2 of this Part. These information requirements are necessary in order for the department to deter· mine compliance with the Subpart 373-2 standards. Information requirements in this section must be submitted to the department and signed in accordance with requirements in section 373-1.4(a)(5) ofthis Subpart. Certain technical data, such as design drawings and specifications, and engineering studies and reports must be certified by a professional engineer registered inNew York State. The location ofproperty boundaries must be certifiedby aperson or

01-15-2002 6137 Conservation

### § 

### 373-1.5 TITLE6 ENVIRONMENTAL CONSERVATION

firm registered to practice land surveying in the State ofNew York For post-closure pennits, theinformation specified in subdivision (0) ofthis section is requiredin the permitapplication.

(2) General information requirements. The following information is required for all HWM facilities: (i) A general description ofthe facility. (ii) Chemical and physical analyses ofthe hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information that must be known to treat, store or dispose ofthe wastes properly in accordance with Subpart 373-2 ofthis Part.

(iii) Acopy ofthe waste analysis plan required by section 373·2.2(e)(2) ofthis Part and, ifapplicable, paragraph (e)(3) ofsuch section.

(iv) A description of the security procedures and equipment required by section**373~2.2(f)** ofthis Part, orajustification demonstrating the reasons forrequesting a waiverof this requirement.

(v) A copy ofthe general inspection schedule required by section 373-2.2(g)(2) ofthis Part. Include where applicable, as part ofthe inspection schedule, specific requirements in sections 373-2.9(e), 373-2.1O(d)(9) and (f), 373-2.11(d), 373-2.12(e). 373-2.13(d), 373-2.14(e), 373-2.24(c), 373-2.27(d), 373-2.28(c), (d) and (1) and 373-2.29(e)-(g) and (i) of this Part.

(vi) A justification of any request for a waiver(s) of the preparedness and prevention requirements ofsection 373-2.3 ofthis Part.

(vii) A copy ofthe contingency plan required by section**373~2.4** ofthis Part. Include, where applicable, as part of the contingency plan, specific requirements in section 373-2. 11 (e) ofthis Part.

(viii) A description ofprocedures, structures orequipment used at the facility to:

(a) prevent hazards in unloading operations (for example, ramps, special forklifts); (b) prevent runofffrom hazardous waste handling areas to other areas ofthe facility

or environment, or to prevent flooding (forexample, berms, dikes, trenches);

(c) prevent contamination ofwater supplies; (d) mitigate effects ofequipment failure and power outages; (e) preventundue exposure ofpersonnel to hazardous waste (for example, protective clothing); and

(j) preventreleases to the atmosphere. Ox) A description ofprecautions to prevent accidental ignition or reaction ofignitable, reactive or incompatible wastes as required to demonstrate compliance with section**373~2.2(i)** ofthis Part, including documentation demonstrating compliance with paragraph (i)(3) ofsuch section.

(x) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes, ifappropriate; describe access road surfacing and load-bearing capacity; show traffic control signals).

(xi) Facility location information.

(a) Owners and operators of all facilities must provide an identification of whether the facility is located within a loo-year flood plain. This identification must indicate the

source ofdatafor suchdetermination and include acopy ofthe relevant Federal Insurance Administration (PIA) flood map, ifused, or the calculations andmaps used where an PIA map is not available. Information shall also be provided identifying the IOO-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating or maintaining the facility to withstand washout from a**100~year** flood.

6138 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

Comment: Where maps for the National Flood Insurance program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally determine ifa facility is located within or outside ofthe lOO-year flood plain. However, where the FIA map excludes an area (usually areas ofthe flood plain less than200 feetin width), these areas must be considered and a determination made as to whether they

are in the lOG-year flood plain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalentmapping techniques, approved bythe commissioner, to determine whether the facility is within the IOO-year flood plain and, ifso located, what the 100-yearflood elevation would be. (b) 

### Owners and operators of facilities located in the IOO-year flood plain must provide the following information: (1) 

### engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as aconsequence ofa IGO-year flood;

(2) structural or other engineering studies showing the design ofoperational units (e.g., 

### tanks, incinerators) and flood protection devices (e.g., 

### floodwalls, dikes) at the facility, and how these will prevent washout;**Ol~15~2002** 6138.1 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(3) if applicable, and in lieu of subclauses (1) and (2) of this clause, a detailed description ofprocedures to befollowed to removehazardous waste to safety beforethe facility is flooded, including: (i) timing ofsuch movementrelative to flood levels, including estimated time to

move the waste, to show that such movement can be completed before floodwaters reach the facility;

(ii) a description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordancewith theregulations underthis Partor, ifthefacility is not locatedin New York State, in accordance with applicable regulations of the state in which the facility is located;

(iii) the planned procedures, equipment andpersonnel to be used andthe means to ensure that suchresources will be available in time foruse; and

(iv) the potential for accidental discharges ofthe waste during movement. (c) Existing facilities not in compliance with section 373-2.2(j) of this Part must provide a plan showing how the facility will be brought into compliance and a schedule forcompliance.

. (xii) An outline ofboth theintroductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with section 373-2.2(h) ofthis Part. A briefdescription ofhow training will be designed to meet actualjob tasks in accordance with requirements in subparagraph (h)( 1)(iii) ofsuch section.

(xiii) A copy ofthe closureplan and, whereapplicable, the post-closureplan requiredby sections 373-2.7(c) and (h) and 373-2.1O(h) ofthis Part. Include, where applicable, as partof the plans, specific reqUirements in sections 373-2.9(i), 373-2.10(h), 373-2.11 (f), 373-2.12(h), 373-2.13(h), 373-2.14(g), 373-2.15(h) and 373.24(b) and (d) ofthis Part.

(xiv) For hazardous waste disposal units that have been closed, documentation that notices reqUired under seCtion 373-2.7(i) ofthis Part have been filed.

(xv) The most recent closure cost estimate for the facility, prepared in accordance with section 373-2.8(c) of this Part, and a copy of the documentation required to demonstrate financial assurance under section 373-2.8(d). For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt ofhazardous wastes, if that is laterthan the submission ofthe Part 373 pennit application.

(xvi) Where applicable, the most recent post-closure cost estimate for the facility, preparedin accordance with section 373-2.8(e) ofthis Part, plus acopy ofthe documentation required to demonstrate financial assurance under section 373-2.8(f). For a new facility, a copy ofthe required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, ifthat is later than the submission ofthe Pan 373 permit application.

(xvii) Where applicable, a copy ofthe insurance policy or other documentation which comprises comp1iance with the requirements of section 373-2.8(h) ofthis Part. For a new facility, documentation showing the amount of insurance meeting the specification of paragraph (h)(l) of such section and, if applicable, paragraph (h)(2), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage ordisposal. 

### Arequest for avariance inthe amountofrequired coverage, for a new or existing facility, may be submitted as specified in section 373-2.8(h)(3) ofthis Part.

'(,(viii). [R88e::r

.. (xix) A topographic map showing a distance of 1,000 feet aroundthe facility at 

### ascale of2.5 centimeters (l-inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contourinterval must be sufficient to clearly show the 

### pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet) ifreliefis greaterthan 6.1 meters (20 feet), or an interval of0.6 meter (2 feet) ifthe reliefis less than 6.1 meters (20 feet).

01/31/00 6139 Conservation

### § 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### Owners and operators of HWM facilities located in mountainous areas should use large contourintervals to adequately show topographic profiles offacilities. The map mustclearly show the following: (a) map scale and date; (b) lOO-year flood plain area; (c) surface waters, including intermittent streams; (d) surrounding land uses (residential, commercial, agricultural, recreational); (e) a wind rose (i.e., prevailing windspeed and direction); (j) 

### orientation ofthe map (north arrow); (g) legal boundaries ofthe HWM facility site; (h) access control (fences, gates); (i) injection and withdrawal wells, both OOStte and off-site; (j) buildings; treatment, storage or disposal operations, or other structure (recreation 

### area, runoff control systems, access and internal roads, storm, sanitary and process sewerage systems, loading andunloading areas, fire control**faci1~ties,** 

### etc.);

(k) 

### barriers for drainage orflood control; ([) locationofoperational units within the HWM facility site, where hazardous waste is (or will be) treated, stored or disposed (include equipment cleanup areas).

Note: Forlarge HWM facilities the commissionerwill allow the use ofother scales on acase-by-case basis. 

### (xx) For land disposal facilities, if a case-by-case extension has been approved under section376.1(e) ofthis Titleorapetitionhas been approvedundersection 376.l(f), acopyof thenotice ofapproval for the extension orpetition is required.

(xxi) A summary ofthe**pre~application** 

### meeting, along with alist ofattendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under section 373-1.10(a)(4) ofthis Subpart. 

### (3) Additional information requirements. The following information regarding protection of ground water is required from owners or operators ofhazardous waste surface impoundments, piles, land treatment units and landfills, except as otherwise provided in section 373-2.6(2) ofthis Part: 

### (i) A summary ofthe**ground~water** 

### monitoring data obtained during the interim status periodunder section 373-2.6(a)-(e), where applicable.

(ii) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification (i.e., 

### the information obtained from hydrogeologic investigations of the facility area).

(iii) On the topographic maprequired under subparagraph (2)(xix) ofthis subdivision, a delineation ofthe waste management area, the property boundary, the proposed "point of compliance" as defined under section 373-2.6(f) of this Part, the proposed location of ground-water monitoring wells as required under section**373~2.6(h)** 

### and, to the extent possible, the information required in subparagraph (ii) ofthis paragraph.

(iv) Adescription ofanyplumeofcontamination thathas enteredthe ground water from

aregulated unit, atthe time that the application was submitted, that: (a) 

### delineates theextentofthe plumeonthetopographic maprequiredunder**subpara~** 

### graph (2)(xix) ofthis subdivision;

(b) 

### identifies the concentration of each Appendix 33 constituent throughout the plume, or identifies the maximum concentrations ofeach Appendix 33 constituentin the plume. (v) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements ofsection 373-2.6(h) of this Part.



### (vi) Ifthe presence ofhazardous constituents has not been detected in the ground water at the time ofpermit application, the owner or operator must submit sufficient information,

6140 Conservation 01/31/00CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

supporting data and analysis to establish a detection monitoring program which meets the requirements ofsection 

### 373

H

### L6(i) ofthis Part. This submission must address the following items specified under section 373-2.6(i) ofthis Part: (a) a proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water: (b) a proposed groundHwater monitoring system: (c) background values for each proposed monitoring parameter or constituent. or procedures to calculate such values: and (d) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data. (vii) If hazardous constituents have been detected in the ground water at the point of compliance at the time ofpermit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets therequirements ofsection 373-2.6(j) ofthis Part. Except as provided in section 373-2.6(i)(8)(v) ofthis Part, the owner or operatormust also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of section 373-2.6(k) ofthis Part. unless the owneroroperatorobtains written authorization in advance from the commissionerto submit aproposed permit schedule for submittal ofsuch a plan. To demonstrate compliance with section 373-2.6(j) of this Part, the owner or operator must address the following items; (a) a description ofthe wastes previously handled at the facility: (b) a characterization ofthe contaminated ground water, including concentrations of hazardous constituents:

(c) a list ofhazardous constituents for which compliance monitoring will be undertaken in accordance with section 373-2.6(h) amd (j):

(d) proposed concentration limits for each hazardous constituent, based on the criteria set forth in paragraph (e)(l) ofsuch section, including ajustification for establishing any alternate concentration limits;

(e) detailed plans and an engineering report describing the proposed groundwater monitoring system, in accordance with the requirements of subdivision (h) of such section: and

(j) adescription ofproposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data. (viii) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under section 373-2.6(e), table 1 ofthis Part, orifground water monitoring conducted at the time of permit application under section 373-2.6(a) through (e) ofthis Part at the waste boundary indicates the presence ofhazardous constituents from the facility in ground wateroverbackground concentrations, the owneror operator must submit sufficient information, supporting data and analyses to establish a corrective action program which meets the requirements ofsection 373-2.6(k) ofthis Part. However,

an owner or operator is not required to submit information to establish a corrective action program ifthe owneror operator demonstrates to the commissionerthat alternate concentration limits will protect human health and the environment afterconsidering the criteria listed in section 373-2.6(e) ofthis Part. An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of section 373-2.6(j) ofthis Part and subparagraph (3)(vi) ofthis subdivision. To demonstrate compliance with section 373-2.6(k), the owner or operator must address, at a minimum, the following items; (a) a characterization ofthe contaminated ground water, including concentrations of hazardous constituents;

1-1-95 (Reissued 7/95) 6141 Conservatlon

### § 

### 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) the concentration limit for each hazardous constituent found in the ground water,

as set forth in section**373~2.6(e):**

(c) detailed plans and an engineering repon describing the corrective action to be taken:

(d) a description ofhow the**ground~water** monitoring program will demonstrate the adequacy ofthe corrective action; and (e) the permit may contain a schedule for submittal of the information required in clauses (c) and (d) ofthis subparagraph provided the owner or operator obtains written authorization from the commissioner prior to submittal of the complete permit application. (4) Information requirements for solid waste management units.

(i) The following information is required for each solid waste management unit at a facility seeking a permit: (a) the location of the unit on the topographic map required under subparagraph (2)(xix) ofthis subdivision;

(b) designation oftype ofunit; (c) general dimensions and structural description (supply any available drawings); (d) when the unit was operated: (e) specification of all wastes that have been managed at the unit, to the extent available. (ii) The owner or operator of any facility containing one or more solid waste management units must submit all available information penaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(iii) The owner or operator must conduct and prOVide the results of sampling and analysis ofgroundwater, landsurface and subsurface strata, surface water, or air, which may include the installation of wells, where the commissioner ascenains it is necessary to complete a RCRA facility assessmentthat will determine ifa more complete investigation is necessary. (b) Specific information requirementsfor comainers.Except as otherwise provided in section 373-2.9(a) ofthis Part, owners or operators offacilities that store containers ofhazardous waste must provide the following additional information: (1) A description of the containment system to demonstrate compliance with section 373-2.9(f) ofthis Part. Show at least the following: (i) basic design parameters, dimensions, and materials ofconstruction: (ii) how the design promotes drainage or how containers are kept from contact with standing liquids in the containment system;

(iii) capacity ofthe containment system relative to the number and volume ofcontainers to be stored:

(iv) provisions for preventing or managing run-on; and (v) how accumulated liquids can be analyzed and removed to prevent overflow. (2) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration ofcompliance with section 373-2.9(f)(2) ofthis Part, including: (1) test procedures and results or other information to show that the wastes do not contain free liquids; and

(ii) a description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids. (3) Sketches, drawings or data demonstrating compliance with section 373·2.9(g) ofthis Part (location ofbufferzone and containers holding ignitable orreactive wastes) and paragraph (h)(3) ofsuch section (location ofincompatible wastes), where applicable.

6142 Conservation (Reissued 7/95) J

-J-95CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to 

### ensure compliance with sections 373-2.9(h)(1)-(2) and 373-2.2(i)(2)-(3) ofthis Part.

(5) 

### Infonnation on air emission control equipment, as required in subdivision (n) ofthis section. 

### (c) 

### Specific information requirementsfor lank systems. Except as otherwise provided in section 373-2.1O(a) ofthis Part, owners and operators offacilities that usc tanks to 

### store or treat hazardous waste must provide the following additional information: (1) a written assessmentthat is reviewed and certified by anindependent, qualified profes

### sional engineer registered in New York State as to the structural integrity and suitability for handling hazardous waste ofeachtank system, as required undersection 373-2.1O(b) and (c) of this Part;

(2) dimensions and capacity ofeach tank; (3) description offeed systems, safety cutoffs, bypass systems, and pressure controls (e.g., 

### vents);

(4) a diagram ofpiping, instrumentation, and process flow for each tank 

### system; (5) adescription ofmaterials and equipmentusedto provide external corrosionprotection,

as required under section 373-2.1O(c)(l)(iii)(b) ofthis Part;

(6) for new tank systems, a detailed description ofhow the tank systems will be installedin compliance with section 373-2.1O(c)(2)-(5) ofthis Part;

(7) 

### detailed plans and description ofhow the secondary containment system for each tank system is or will be designated, constructed and operated to meet the requirements ofsection 373-2.10(d)(l)-(6) ofthis Part;

(8) for tank systems for which a variance from the requirements ofsection 373-2.1O(d) of this Partis sought (as provided hy section 373-2.1O[d][7] ofthis Part): (1) 

### detailed plans and engineering and hydrogeologic repons, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste of hazardous constituents into the ground water or surface waterduring the life ofthe facility; or

(ii) a detailed assessment ofthe substantial present orpotential hazards posed to human health orthe environment should a release enterthe environment; (9) description ofcontrols and practices to prevent spills and overflows, as required under section 373-2.1 0(e)(2) ofthis Part;

(10) for tank systems in whichignitable, reactiveorincompatible wastes are to be storedor treated, a description ofhow operating procedures and tank system and facility design will achieve compliance with the requirements ofsection 373-2.100) and G) 

### ofthis Part; and

(11) infonnation on air emission control equipment, as required in subdivision (n) ofthis section. (d) Specific infonnalion requirementsfor surface impoundments. 

### Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information: (1) alist ofthe hazardous wastes placed or to be placed in each surface impoundment; (2) detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated and maintained to meet the requirements of sections 373-2.2(k), 373-2.11(h), 

### Ul and (k) ofthis Part. This suhmission must address the following items: 0) the innerlinersystem (exceptfor an existing portionofasurface impoundment). If

### an exemption from the requirement for a liner is sought as provided by section 373-2.1] (b)(2) ofthis Part, submitdetailedplans and engineering and hydrogeologicreports, as appropriate,

10-31-98 6143 ConservationTIn.E 6 ENVIRONMENTALCONSERVATION

describing alternate design and operating practices that will, in conjunction with location aspects, preventthe migration ofanyhazardous constituents into the ground wateror surface water at any future time;

(ii) the double linerand leak (leachate) detection, collection, and removal system, ifthe surface impoundment must meet the requirements of section 373-2.11(b)(3) ofthis Part. If

an exemption from the requirements for double liners and a leak detection, collection and removal system oralternative designis sought as provided by section 373-2.11(b)(4), (5), or (6) ofthis Part, submit appropriate information;

(iii) iftheleak detection systemis locatedin a saturated zone, submitdetailedplans and

an engineering repon explaining the leak detection system design and operation, and the location ofthe saturated zone in relation to the leak detection system and surface impoundment;

(iv) the construction quality assurance (CQA) plan ifrequired under section 373-2.2(k) ofthis Part;

(v) proposed action leakagerate, with rationale, ifrequired under section 373-2.] 10) of this Part, and response action plan, ifrequired under section 373-2.11 (k) ofthis Pan;

(vi) prevention ofovertopping; and (vii) structural integrity ofdikes;**~3,** fReld'ell. i

### esl:l (4) a description ofhow each surface impoundment, including the double liner system, leak detection system, cover system and appurtenances for control of over-topping, wi11 be inspected in orderto meet the requirements ofsection 373-2.1I(d)(l), (2), and (4) ofthis Part. This information should be included in the inspection plan submitted under subparagraph (a) (2)(v) ofthis section;

(5) a certification by an engineer, licensed in the State ofNew York, which attests to the structural integrity ofeach dike, as required under section 373-2.11 (d)(3) ofthis Part. Fornew units, the owner or operator must submit a statement by a qualified engineer that such a certification will beprovidedupon completion ofconstruction in accordance with theplans and specifications;

(6) a description ofthe procedure to be used for removing a surface impoundment from service, 

### as required under section 373-2.11 (e)(2)-(3) ofthis Part. This information should be included in the contingency plan submitted under section 373-2.11 (e)(I) and (2) ofthis Part;

(7) a description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under section 373-2.11(f)(1 )(i) ofthis Part. For any wastes not to be removed from the unit upon closure, the owner or operatormust 'submit detailed plans and an engineering report describing how section 373-2.11 (f)(l)(ii) and (2) of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph (a)(2)(xiii) of this section;

(8) ifignitable or reactive wastes are to be placed in a surface impoundment, an explanation ofhow section 373-2.1I(g) ofthis Part will be complied with; and

(9) if incompatible wastes, or incompatible wastes and materials, will be placed in a surface impoundment, an explanation ofhow section 373-2.11 (h) ofthis Part will be complied with.

(10) Exposure information. (i) Any Pan 373 permit application submitted by an owner
or operator of a facility that stores, treats or disposes of hazardous waste in a surface impoundment must be accompanied by information, reasonably ascertainable by the owner
or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, the information must address:

6144 Conservation 10·31-98CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(a) reasonably foreseeable potential releases from both normal operations and accidents atthe unit, including releases associated withtransportation ofwastes to or from the unit;

(b) the potential pathways ofhuman exposure to hazardous wastes or constituents resulting from the releases described under clause (a) ofthis subparagraph; and (c) the potential magnitude and nature of the human exposure resulting from such 

### releases. (ii) Owners and operators of a surface impoundment who submitted a Part 373 permit application prior to the effective date ofthis Part [JUly 1, 1986] must submit the exposure 

### information required in subparagraph (i) 

### ofthis paragraph. (11) A waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how the surface impoundment is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.11 (i) ofthis Part. This submission must address the following items as specified in section 373-2.11 (i): (i) the volume and the physical and chemical characteristics of the wastes, including theirpotential to migrate through soil or to volatilize orescape into the atmosphere;

(ii) the attenuative properties ofunderlying and surrounding soils or othermaterials; (iii) the mobilizing properties ofothermaterials codisposed with these wastes; and (iv) the effectiveness ofadditional treatment, design ormonitoring techniques, (12) Infonnation on air emission control equipment, as required in subdivision (n) ofthis section. (e) 

### Specific information requirementsfor waste piles. Except as otherwise provided in section 373-2.1(a) ofthis 

## PaI!,. owners and operators of facilities that place or treat hazardous waste in waste piles mustproVide the following additional infonnation: (1) a list ofhazardouswastes placed orto be placed in each waste pile; (2) if an exemption is sought to section 373-2.12(b) ofthis Part and section 373-2.6 as proVided by section 373-2.12(a)(3) or section 373-2.6(a)(2)(ii), an explanation of how the standards ofsection**373~2,** 12(a)(3) will becomplied with; ordetailed plans and an engineering report describing how therequirements to section**373~2.6(a)(2)(ii)** will be met;

(3) detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated and maintained to meet the requirements of sections 373-2.2(k), 373-2.12(b). 

## 0) and (k) oftbis Part. This submission 

### must address the following items as specified in such subdivisions: (i) (a) the liner system (except for an existing portion ofa waste pile)-ifthe waste pile must meet the requirements of section 373-2.12(b)(1) ofthis ParL If an exemption from the requirement for a liner is sought, as provided by section 373-2.12(b)(2), the

owneror operatormust submitdetailed plans and engineering and hydrogeologic reports,

as applicable, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration ofany hazardous constituents into the ground water or surface water at any future time;

(b) the double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of section 373-2.12(b)(3) of this Part. If an exemption from the requirements for double liners and a leak detection, collection, and removal systemor alternate design is sought as providedby section**373~2.12(b)(4),** (5) or (6) ofthis Part, submit appropriate information;

(c) if the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location ofthe saturated zone in relation to the leak detection system; (d) the construction quality assurance (CQA) plan if required under section 373-2.2(k) ofthis Part;

01/31/00 6145 Conservation

### § 373-1.5 TITLE6 ENVIRONMENTAL CONSERVATION

(e) proposed action leakage rate, with rationale, ifrequired under section 373-2.12(j). ofthis Part, and response actionplan, ifrequired under section 373-2.12(k) oflhis Part; (ii) control ofrun-on; (iii) control ofrunoff; (iv) management of collection and holding units associated with run-on and runoff control systems; and

(v) control ofwind dispersal ofparticulate matter, wherc applicable; t4)**[Jl1HEI"''6'~1** (5) a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control ofrun-on and run-off, will be inspected in order to meet the requirements ofsection 373-2.12(e)(1), (2) and (3) ofthis Part. This information should be included in the inspection plan submittedunder section 373-1.5(a)(2)(v) ofthis Subpart;

(6) iftreatmentis carried out on orin the pile, details ofthe process and equipment used, andthe nature and quality ofthe residuals;

(7) ifignitableorreactive wastes are to beplacedin awaste pile, anexplanation ofhow the requirements ofsection 373-2. 12(f) ofthis Part will be complied with;

(8) ifincompatible wastes, orincompatible wastes andmaterials, will be placed in a waste pile, an explanation ofhow section 373-2.12(g) ofthis Part will becomplied with;

(9) a description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under section 373-2.12(h)(l) ofthis Part. Forany waste notto be removed from the waste pileupon closure, the owner oroperatormust submitdetailed plans and an engineering report describing how section 373-2.14(g)(l)-(2) of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under section 373-L5(a)(2)(xiii) of this Subpart; and

(10) a waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a waste pile that is not enclosed (as defined in section 373-2.12[a][3] ofthis Part)is or will bedesigned, constructed, operated and maintainedto meet the requirements ofsection 373-2.12(i). This submission must address the following items as specified in section 373-2.12(i): (i) the volume andthephysical andchemical characteristics ofthewastes to beplacedin the waste pile, includingtheirpotential to migratethrough soil orto volatilize orescapeinto the atmosphere;

(li) the attenuativeproperties ofunderlying and surrounding soils orothermaterials; (iii) the mobilizing properties ofothermaterials codisposed with these wastes; and (iv) the effectiveness ofadditional treatment, design or monitoring techniques. (f) Specific information .requirementsfor incinerators. Except as section 373-2.l5(a) of this Part provides otherwise, owners and operators offacilities that incinerate hazardous waste mustfulfill the requirements ofparagraph (1), (2) or (3) ofthis subdivision. (I) When seeking an exemption under section 373-2.15(a)(3) or (4) ofthis Part(ignitable, corrosive orreactive wastes only): (i) documentation that the waste is listed as a hazardous waste in section 371.4 ofthis Title; solely becauseitis ignitable (HazardCodeI) orcorrosive (Hazard Code C) orboth; or

(li) documentation that the waste is listed as a hazardous waste in section 371.4 solely because it is reactive (Hazard Code R) for characteristics otherthan those listed in section 371.3(d)(l)(iv)-(v), and will not be burned when other hazardous wastes are present in the combustion zone; or

6146 Conservation 01/31/00CHAPTER IV QUALITY SERVICES 

### § 373-1.5

description ofauxiliary fuel system (type/feed); capacity ofprime mover; description ofautomatic waste feed cutoffsystem(s); (iii) documentation that the waste is a hazardous waste solely because it possesses the characteristic ofignitability, corrosivity, or both. as determined by the tests for characteristics ofhazardous waste under section 371.3; or

(iv) documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in section 371.3(d)(1 )(i), (ii), (iii), (vi), (vii) or (viii) ofthis Title, and that it 

### will not be burned when other hazardous wastes are present in the combustion zone. (2) Submit a trial burn plan or the results ofa trial burn, including all required**detennina~** lions, in accordance with section 373-1.9(a)(2)(ii) ofthis Subpart.

(3) In lieu ofa trial burn, the applicant may submit the following information:

(i) An analysis ofeach waste or mixture ofwastes to be burned, including:

(a) heat value ofthe waste in the form and composition in which it will be burned: (b) viscosity (ifapplicable), or description ofphysical form ofthe waste; (c) an identification of any hazardous organic constituents listed in Appendix 23 of this Title that are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Appendix 23 which would reasonably notbe expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on analytical techniques specified in ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by referencein section 370.l(e) ofthis Title, or their equivalent;

(d) an approximate quantification of the hazardous constituents identified in the waste, within theprecisionproducedby the analytical methods specifiedin "TestMethods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication**SW~846,** as incorporated by reference in section 370.1 (e) ofthis Title;

(e) a quantification of those hazardous constituents in the waste which may be designated as principal organic hazardous constituents (POHC's). based on data submitted from othertrial oroperational burns which demonstrate compliance with the performance standards in section 373-2.15(d) ofthis Part. (ii) A detailed engineering description ofthe incinerator including:

(a) manufacturer's name and model number ofthe incinerator; (b) type ofincinerator; (c) linear dimension of incinerator, including cross-sectional area of combustion chamber:

(eI) (e) (j) (g) gas stack monitoring and pollution control monitoring system; (h) nozzle and burnerdesign; (i) construction materials; and (j) location and description oftemperature, pressure and**flow~indicating** devices and control devices. (iii) A description and analysis ofthe waste to be burned, compared with the waste for which data from operational ortrial burns arc provided, to support the contention that a trial burn is not needed. The data should include those items listed in subparagraph (3)(i) ofthis subdivision. This analysis should specify POHC's which the applicant has identified in the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are provided.

10-31-98 6147 Conservation

### § 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### (iv) The design and operating conditions ofthe incinerator to be llsed, compared with that for which comparative burn data are available.



### (v) A 

### description ofthe results submitted from any previously conducted trial burn(s), including: (a) 

### sampling and analysis techrtiques used to 

### calculate performance standards in section 373-2.15(d) ofthis Part; and

(b) methods and results ofmonitoring temperatures, waste feed rates, carbon**monox~** 

### ide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision·and accuracy ofthis measurement). 

### (vi) The expected incineratoroperation infonnation infonnation to demonstrate compliance with section 373-2.15(d) and 

### (0 ofthis Part, including: (a) 

### expected carbon monoxide (CO) level in the stack exhaust gas; (b) 

### waste feed rate; (c) 

### combustion zone temperature; Cd) 

### indication ofcombustion gas velocity; (e) 

### expected stack gas volume, flow rate and temperature; (j) 

### computed residence time for waste in the combustion zone; (g) 

### expected hydrochloric acid removal efficiency; (h) 

### expected fugitive emissions and theircontrol procedures; and (i) 

### proposed waste feed cutofflimits, based on identified significantoperating parameters. (vii) Such supplemental information the commissioner finds necessary to achieve the purposes ofthis paragraph.

(viii) Waste analysis data, including that submitted in subparagraph (i) 

### of this paragraph, sufficientto allow the commissionerto 

### specify as pennitprincipal organic hazardous constituents (permitPOHC's) those constituents for which destruction andremoval efficiencies will be required. (4) Thecommissionermay approve apennit application withoutatrial bumifthe**commis~** 

### sionerfinds that (i) 

### the wastes are sufficiently similar; and (ii) the incineratoris sufficiently similar, and the datafrom othertrial bums are adequate to specify (under section 373-2.15[fJ ofthis Part) operating conditions that will ensure that the perfonnance standards in subdivision (d) ofsuch section will be met by the incinerator. (g) Specific injonnation requirementsfor land treatmentfacilities. 

### Except as otherwise provided in section**373~2.l(a)** 

### of this Part, owners and operators of facilities that use land treatment to dispose ofhazardous waste must provide the following additional information: (l) 

### a description ofplans to 

### conduct a treatment demonstration as required under section 373-2. 13(c) ofthis Part. The description must include the following information: (i) 

### the wastes for which the demonstration will be made and the potential hazardous constituents in the waste;

(ii) 

### the data sources to 

### be used to 

### make the demonstration (e.g., 

### literature, laboratory data, field data or operating data);

(iii) any specific laboratory or field test that will be conducted, including:

(a) 

### the type oftest (e.g., 

### column leaching, degradation); (b) 

### materials and methods, including analytical procedures; (c) 

### expected time for completion; and Cd) 

### characteristics ofthe unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions and operating practices; (2) adescriptionofalandtreatment program, as required under section 373-2.13(b) ofthis Pan. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items: 0) the wastes to be land-treated; (ii) design measures and operating practices necessary to 

### maximize treatment in accordance with section 373-2. 13(d)(1 ) ofthis Part, including: (a) 

### waste application method and rate; (b) 

### measures to 

### control soil pH; (c) 

### enhancement ofmicrobial or chemical reactions; and (d) 

### control ofmoisture content;

6148 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

procedures for establishing background values; statistical methods for interpreting results: and provisions for unsaturated zone monitoring, including:

sampling equipment, procedures and frequency: procedures for selecting sampling locations; analytical procedures:
chain ofcustody control: (iii)



### (a) (b) 

### (c) (dj (e) 

### if! (g) the justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in section 373-2.13(f)(l) ofthis Title; (iv) a list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land-treated, based on waste analysis performed pursuant to section 

### 3i3-2.2(e) ofthis Part; and

(v) the proposed dimensions ofthe treatment zone; (3) 

### a description ofhow the unit is or will be designed, constructed, operated and maintained in order to meet the requirements of section 373-2.13(d) of this Part. This submission must address the following items: (i) control of**run~on:** (ii) collection and control ofrunoff: (iii) minimization ofrunoffofhazardous constituents from the treatment zone; (iv) management ofcollection and holding facilities associated with**run~on** and runoff control systems:

(v) periodic inspection ofthe unit. This information shoold be included in the inspection plan submitted under subparagraph (a)(2)(v) ofthis section; and

(vi) control ofwind dispersal ofparticulate matter. ifapplicable; (4) the requirements of section 373-2.13(e) ofthis Part prohibit the growth offood chain crops on any faCility that is or has been used as a land treatment facility for hazardous waste. Therefore, information concerning the growth offood chain crops is not applicable for apermit application for a land treatment facility;

(5) ifignitable or reactive wastes will be placed in oron the treatment zone, an explanation ofhow the requirements ofsection**373~2.13(i)** ofthis Part will be complied with:

(6) if incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how section**373~2.13U)** of this Part will be complied with; and

(7) a waste management plan for EPA hazardous waste numbers F020, F02l, f022, F023, F026 and F02? describing how a land treatment facility is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.13(k) of this Part. This submission must address the following items as specified in section 373-2.13(k): (i) the volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatize or escape into the atmosphere:

(ii) the attenuative properties ofunderlying and surrounding soils or other materials; (iii) the mobilizing properties ofother materials codisposed with these wastes; and (iv) the effectiveness ofadditional treatment, design or monitoring techniques. (h) Specific information requirementsfor landfills. Except as otherwise providedin section 373-2.1(a) of this Part, owners and operators of facilities that dispose of hazardous waste in landfills must provide the follOWing additional infonnation: (I) a list ofthe hazardous wastes placed or to be placed in each landfill or landfill cell:

10/15/97 6149 ConservationTITLE 6 ENVIRONMENTAL CONSERVATION

(2) detailed plans and an engineering report describing how the landfill is designed and is

or will be constructed, operated and maintained to comply with the requirements of sections 373-2.2(k), 373-2.14(c), (e) and (n) ofthis Part. This submission must address the following items: (i) (a) the liner system (except for an existing portion ofalandfill). ifthe landfill must meet the requirements of section 373-2.14(c)(2) ofthis Part. 

### If an exemption from the requirements for a liner and a leachate collection and removal system is sought as provided by section 373-2.14(c)(2) ofthis Part, submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating. practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituent into the ground wateror surface water at any future time:

(b) the double liner and leak (leachate) detection, collection. and remo\'JI system, if the landfill must meet the requirements of section 373-2.14(c)(3) of thi, Part. If an exemption from the requirements for double liners and a leak detectIOn. collection. and removal system oralternate design is sought as providedby section 373-2. j 4(CI{ 4). (5), or (6) ofthis Part, submit appropriate information;

(e) ifthe leak detection system is located in a saturated zone. submit detailed plans and an engineering report explaining the leak detection system design and operation. and the location ofthe saturated zone in relation to the leak detection system:

(d) the construction quality assurance (CQA) plan if required under section 373-2.2(k) ofthis Part;

(e) proposed action leakage rate, with rationale, ifrequired under section 373-2.14(n) ofthis Part, and response action plan, ifrequiredunder section 373-2.14(e) ofthis Part; (ii) control ofrun-on; (iii) control ofrunoff; (iv) management ofcollection and holding facilities associated with run-on and runoff control systems; and

(v) control ofwind dispersal ofparticulate matter, where applicable; (3) [Rem**d~** (4) a description ofhow each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances forcontrol of

run-on and run-off, will be inspected in order to meet the requirements of section 373-2.14(e)(l), (2) and (3) ofthis Part. This information should be included in the inspection plan submitted under subparagraph (a)(2)(v) ofthis section;

(5) detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with section 373-2.14(g)(I) of this Part, and a description ofhow each landfill will be maintained and monitored after closure in accordance with section 373-2.14(g)(2). This information should be included in the closure and post-closure plans submitted under subparagraph (a)(2)(xiii) ofthis section;

(6) ifignitable or reactive wastes will be landslide, an explanation ofhow the standards of section 373-2.14(h) ofthis Part 

### will be complied with;

(7) if incompatible wastes, or incompatible wastes and materials, will be landfilled, an explanation ofhow section 373-2. 14(i) ofthis Part will be complied with; and

(8) [ReseReel'] (9) if containers of hazardous waste are to be landfilled, an explanation of how the requirements ofsection 373-2.l4(k) or (i), as applicable, ofthis Part will be complied with.

(10) Exposure information. (i) Any Part 373 permit application submitted by an owner

oroperatorofa facility that stores, treats ordisposes ofhazardous waste in alandfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:

6150 Conservation 10/15/97CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(a) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation ofwastes to or from the unit:

(b) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under clause (a) ofthis subparagraph; and

(c) the potential magnitude and nature of the human exposure resulting from such releases. (Ii) Owners and operators ofalandfill who submitted aPart 373 permit application prior to the effective date of this Part [July 1, 1986] must submit the exposure information required in subparagraph (i) ofthis paragraph. (11) A waste management plan for EPA hazardous waste numbers F020, F02l, F022, F023, F026 and F027 describing how a landfill is orwill bedesigned, constructed, operated and maintained to meet the requirements ofsection 373-2.14(m) ofthis Part. This submission must address the folloWing items as specified in section 373-2.14(m): (i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through sailor to volatize or escape into the atmosphere:

(ii) the attenuative properties ofunderlying and surrounding soils or other materials: (iii) the mobilizing properties ofother materials codisposed with these wastes; and (iv) the effectiveness ofadditional treatment, design or monitoring techniques. (i) Specific informarion requirementsfor boilers and industrialfimlOces buming hazardous
waste. (I) Trial burns. (i) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions providedby section 374-1.8(e) ofthis Title, standards to control particulate matterprovided by section 374-1.8(f) ofthis Title, standards to control metals emissions provided by section 374-1.8(g) of this Title, or standards to control hydrogen chloride or chlorine gas emissions provided by section**374~** 1.8(h) of this Title must conduct a trial bum to demonstrate conformance with those standards and must submit

a trial bum plan or the results of a trial bum, including all required determinations, in accordance with section 373-1.9(d) ofthis Subpart. (a) A trail bum to demonstrate conformance with a particular emission standard may be waived under provisions of section 374-1.8(e) through (h) of this Title and subparagraphs (1)(ii) through (v) ofthis subdivision; and

(b) the owner or operator may submit data in lieu of a trial bum, as prescribed in subparagraph (1)(vi) ofthis subdivision. (ii) Waiver oftrail burn for DRE.

(a) Boilers operated under speciaJ operating requirements. When seeking to be permitted under section 374-1.8(e)(l)(iv) and (k) of this Title that automatically waive the DRE trail burn, the owner or operator of a boiler must submit documentation that the boileroperates underthe special operating requirements providedby section**374~** 1.8(k) of this Title.

(b) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by section 374-1.8(e)(1)(v) and U)(l) ofthis Title that waive the DRE triaJ bum, the owner or operator must submit: (1) documentation that the device is operated in conformance with the requirements ofsection 374-1.8U)(1 )0) ofthis Title;

(2) results ofanalyses ofeach waste to be burned. documenting the concentrations ofnonmetal compounds listed in Appendix 23 ofthis Title, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on analytical techniques specified in Test Methods for Evaluat10/15/97 6151 Conservation

### § 

### 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION

ing Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 370.1[e] ofthis Title);

(3) documentation ofhazardous waste firing rates and calculations of reasonable. worst-case emission rates ofeach constituent identified in subclause (2) ofthis clause using procedures provided by section 374-1.8U)(1)(ii)(b) ofthis Title:

(4) results of emissions dispersion modeling for emissions identified in subclause (3) ofthis clauseusing modeling procedures prescribed by section 374-1.8(g)(8) ofthis Title. The commissionerwill review the emission modelling conducted by the applicant to determine conformance with these procedures. The commissioner will either**ap~** prove the modeling or determine that alternate or supplementary modeling is appropriate; and

(5) documentation that the maximum annual average ground level concentration of each constituent identified in subclause (2) of this clause quantified in conformance with subclause (4) of this clause does not exceed the allowable ambient level established in Appendices 44 or 45 ofsection 374-1.8 ofthis Title. The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in Appendix IV of40 CFR part 266 or**risk~specific** dose has not been established in Appendix IV of40 CFR part 266 or risk·specific dose has not been established in Appendix V of40

## eFR part 266 is 0.1 micrograms per cubic meter,

as noted in the footnote to Appendix IV of40

## eFR part 266. (iii) Waiver oftrial burn for metals. When seeking to be permitted under the Tier I (or adjusted TierI) metals feed rate screening limits provided by section 374-l.8(g)(2) and (5) of this Title that control metals emissions without requiring a trial burn, the owner or operator must submit: (a) documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks:

(b) documentation of the concentration of each metal controlled by section 374-l.8(g)(2) or (5) ofthis Title in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations ofthe total feed rate ofeach meta];

(c) documentation ofhow the applicant will ensure that the Tier I feed rate screening limits provided by section 374- J.8(g)(2) or (5) ofthis Title will notbeexceeded during the averaging period provided by that paragraph:

(d) documentation to support the determination ofthe terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 374-1.8(g)(2)(iii) through (v) ofthis Title:

(e) documentation ofcompliance with the provisions ofsection 374-1.8(g)(2)(vi) of this Title, ifapplicable, for facilities with multiple stacks;

if) documentation that the facility does not fail the criteria provided by section 374-l.8(g)(2)(vii) ofthis Title for eligibility to comply with the screening limits: and

(g) proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feedstocks. (iv) Waiver oftrial burn for particulate matter. When seeking to be pennitted under the low risk waste provisions ofsection 374-1.80)(2) ofthis Title which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), appli. cants must submit documentation supporting conformance with clause (ii)(b) and SUbparagraph (iii) ofthis paragraph.

(v) Waiver oftrial bum for Hel and cl2. When seeking to be permitted under the Tier I (or adjusted Tier 1) feed rate screening limits for the total chloride and chlorine provided by section 374-l.8(h)(2)(i) and (h)(5) ofthis Title that controls emissions ofhydrogen chloride (He]) and chlorine gas (el2) without requiring a trial bum, the owner or operator must submit:

6152 Conservation 10/15/97CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(a) documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(b) documentation ofthe levels oftotal chloride and chlorine in the hazardous waste. otherfuels, and industrial furnace feedstocks, andcalculations ofthe total feed rate oftotal chloride and chlorine:

(c) documentation ofhow the applicant will ensure that the TierI (or adjusted Tier l) feed rate screening limits provided by section 374-1.8(h)(2)(i) or (5) ofthis Title will not be exceeded during the averaging period by that paragraph; (d) documentation to support the detennination ofthe terrain-adjusted effective stack height, good engineering practice stack height. terrain type, and land use as proved by section 374-1.8(h)(2)(iii) ofthis Title:

(e) documentation ofcompliance with the provisions ofsection 374-1.8(h)(2)(iv) of this Title, ifapplicable, for facilities with multiple stacks:

(j) documentation that the facility does nO! fail the criteria provided by section 374- I .8(h)(2)(iii) ofthis Title for eligibility to comply with**~he** screening limits; and

(g) proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks. (vi) Data in lieu oftrial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with section 374-1.8(e) through (h) of this Title and section 373-1.9(d) of this Subpart by providing the information required by section 373-1.9(d) of this Subpart from previous compliance testing of the device in coofonnance with section**374~1.8(d)** of this Title, or from compliance testing or trial or operational burns ofsimilar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. Ifdata from a similar device is used to support a trial burn waiver, the design and operating information required by section**373~** 1.9(d) ofthis Subpart must be provided for both the similar device and the device to which the data is to be applied, and a comparison ofthe design and operating information must be provided. The commissioner shall approve a permit application without a trial bum if the commissioner finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational bums are adequate to specify (under section 374-1.8[c] ofthis Title) operating conditions that will ensure conformance with section 374-1.8(c)(3) ofthis Title. In addition. the following information shall be submitted: (a) For a waiverfrom any trial burn:

(1) a description and analysis ofthe hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial bum is not needed:

(2) the design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative bum data are available; and

(3) such supplemental information as the commissioner finds necessary to achieve the purposes ofthis paragraph. (b) For 

### a waiver ofthe DRE trial burn. the basis for selection ofPOHes used in the othertrial oroperational bums which demonstrate compliance with the DRE performance standard in section 374-1.8(e)(1) ofthis Title. This analysis should specify the constituents in Appendix 23 ofthis Title, that the applicant has identified in the hazardous waste for which apermit is sought, and any differences from the POHC's in the hazardous waste for which burn data are provided. (2) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alt;rnative 

## He limit under section 374-1.8(e)(6) ofthis Title shall submit the following infonnation at a minimum: (i) documentation that the furnace is designed and operated to minimize 

### He emissions from fuels and raw materials;

Oct-Dec 1995 6153 Conservation

### § 

### 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(ii) documentationofthe proposedbaseline flue gas 

## He (andCO) concentration, including data on 

## He (and CO) levels during tests when the facility produces normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(iii) tcst burn protocol to confirm the baseline 

## He (and CO) level including information

on the type and flow ratc ofall feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fucHs) and destruction of hydrocarbon emissions from nonfuel sources:

(Iv) trial bum plan to:

(a) demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

(b) identify the types and concentrations oforganic compounds listed in Appendix 23 of this Title, that are emitted when burning hazardous waste in conformance with**proce~** dures prescribed by the commissioner; (v) implementation plan to monitorovertime changes in the operation ofthe facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(vi) such other information as the commissioner finds necessary to achieve the purposes ofthis paragraph. (3) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under section**374~** 1.8(g)(6) ofthis Title, the owner
or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of section 374-1.8(g)(3) or (4) of this Title and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the commissioner finds necessary to achieve the purposes ofthis paragraph.

(4) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoffsystem, including any**pre~alarm** systems that may be used.

(5) Direct transfer. Owners and operators that use direct transferoperations to feed hazardous waste from transport vehicles (containers, as defined in section**374~1.8[1]** ofthis Title) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 374-1.8(1) ofthis Title.

(6) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 374-1.8(m) of this Title must submit information adequate to demonstrate conformance with those provisions. (j) Specific information requirementsfor miscellaneous units. Except as otherwise provided in section**373~2.24(a)** ofthis Part, owners and operators offacilities that treaL store, ordispose of hazardous waste in miscellaneous units must provide the following additional infonnation: (1) A detailed description of the unit being used or proposed for use, including the following: (I) physical characteristics, materials ofconstruction, and dimensions ofthe unit: (ii) detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements ofsection 373-2.24(b) and (c) ofthis Part; and

(iii) for disposal units, adetailed description ofthe plans to comply with the post-closure requirements ofsection**373~2.24(d)** ofthis Part. (2) Detailed hydrologic, geologic, and meteorologic assessments and**land~use** maps for the region surrounding the site that address and ensure compliance ofthe unit with each factor in the environmental performance standards ofsection 373-2.24(b) ofthis Part. lIthe applicant

6154 Conservation Oct-Dec 1995CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

can demonstrate that he or she does not violate the environmental performance standards of section 373-2.24(b) ofthis Part and the commissioner agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.

(3) lnfonnation on the potential pathways ofexposure ofhumans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.

(4) Forany treatment unit. areport on ademonstration ofthe effectiveness ofthe treatment based on laboratory or field data.

(5) Any additional information determined by the commissioner to be necessary for evaluation ofcompliance ofthe unit with the environmental performance standards ofsection 373-2.24(b) ofthis Part. (k) 

### Specific information requirementsforprocess vents. Except as otherwise provided in section 373-2.1 (a) ofthis Part, owners and operators offacilities that have process vents to which section**373~2.27** ofthis Part applies must provide the following additional information. (1) Forfacilities that cannot install a closed-vent system and control device to comply with the provisions ofsection 373-2.27 ofthis Part on the effective date that the facility becomes subject to the provisions of section 373-2.27 or**373~3.37** of this Part, an implementation schedule as specified in section**373~2.27(d)(** 1)(ii) ofthis Part.

(2) Documentation ofcompliance with theprocess vent standards in section 373-2.27(c) of this Part, including: (1) information and data identifying all affected process vents, annual throughput and operating hours ofeach affected unit, estimated emission rates for each affected vent and for the overall facillty (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g

.. identify the hazardous waste management units on a facility plot plan):

(ii) information and data supporting estimates ofvent emissions and emission reduction achieved by add-on control devices basedon engineering calculations orsource tests. Forthe purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parametervalues (e.g., temperatures, flow rates, or concentrations) that representthe conditions that exist when the waste management unitis operating at the highest load or capacity level reasonably expected to occur; and

(iii) information and data used to determine whether or not a process vent is subject to the requirements ofsection 373-2.27(c) ofthis Part. (3) Where an owner or operator applies for permission to use acontrol device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser,

or carbon adsorption system to comply with the requirements ofsection 373-2.27 ofthis Part. and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, aperformance test plan as specified in section 373-2.27(f)(2)(iii) ofthis Part.

(4) Documentation ofcompliance with section 373-2.27(d) ofthis Part, including:

(i) a list ofall information references and sources used in preparing the documentation: (ii) records, including the dates, of each compliance test required by section 373-2.27(d)(ll) ofthis Part;

(iii) adesign 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.l[e] ofthis Title) or other engineering texts acceptable to the commissioner that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in section**373~2.27(f)(2)(iv)(c)** ofthis Part;

(iv) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when

(Reissued 7/95) 6155 Conservation

### § 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVAnON

the hazardous \vaste management unitis or wouldbe operating at the highest loadorcapacity level reasonably expected to occur; and

(v) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of95 weight percent or greater unless the total organic emission limits ofsection 373-2.27(c)(l) ofthis Part 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 0) Specific in/annation requirementsfor equipment. 

### Except as otherwise provided in section 373-2.1 (a) of this Part, owners and operators of facilities that have equipment to which 

### section 373-2.1(a) ofthis Part applies mllst provide the following additional information: (1) For each piece ofequipment to 

### which section 373-2.28 ofthis Part applies:

(i) equipment identification number and hazardous waste management unit**identifica~** 

### tion:

(ii) approximate locations within thefacility (e.g., identifythe hazardous waste management unit on afacility plot plan):

(iii) type ofequipment (e.g., apump orpipeline valve); (iv) percent by weight total organics in the hazardous waste stream at the equipment; (v) hazardous waste state at 

### the equipment (e.g., gas/vapor or liquid); and (vi) method ofcompliance with the standard (e.g., "'monthly leak detection and repair"

or "equipped with dual mechanical seals"). (2) Forfacilities that cannotinstall aclosed-vent system and control device to comply with the provisions of section 373-2.28 ofthis Part on the effective date that the facility becomes subject to the provisions of section 373-2.28 or 373-3.28 of this Part, an implementation schedule as specified in section**373~2.27(d)(l** 

### )(1i) ofthis part.

(3) ""'here an owner or operator applies for pennission to use acontrol device other than a thennal vapor incinerator, catalytic vapor incinerator, narc, boiler, process heater, condenser.

or carbon adsorption system, and chooses to use test data to detennine the organic removal efficiency or the total organic compound concentration achieved by the control device, a perfonnance test plan as specified in section 373·2.27(f)(2)(iii) ofthis Part.

(4) Documentation that demonstrates compliance with the equipment standards in section 373-2.28(cHj) of this Part. This documentation shall contain the records required under section 373-2.28(0) ofthis Part. The commissioner may request further documentation before deciding ifcompliance has been demonstrated.

(5) Documentation to demonstrate compliance with section 373-2.28(k) ofthis Part shall include the following infonnation: (i) 

### alist ofall information references and sources used in preparing the documentation; Oi) records, including the dates, of each compliance test required by section 373-2.27(d)(I0) ofthis Pan;



### (iii) adesign analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "ATPl Course 4]5: Control ofGaseous Emissions" (incorporated by reference as specified in section 370.] [e] ofthis Title) or other engineering texts acceptable to the commissioner that prevent basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in section 373-2.27(f}(2)(iv)(c) ofthis Part;

(iv) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacit)' level reasonably expected to occur; and

(v) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at 

### an efficiency of95 weight percent or greater.

6156 Conservation (Reissued 7/95) 1-1-95CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.5

(m) 

### Special information requirements for drip pads. Except as otherwise provided by section 373-2.1(a) ofthis Part, owners and operators ofhazardous waste treatment, storage, or 

### disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information: (1) Alist ofhazardous wastes placed orto be placed on each drip pad. (2) 

### If an exemption is sought under section 373-2.6 ofthis Part, as provided by section 373-2.6(a) ofthis Part, detailed plans and an engineering report describing how the requirements ofsection 373-2.6(a)(2)(y) ofthis Part will he met.



### (3) Detailed plans and an engineering report describing how the drip pad is or will 

### be designed, constructed, operated and maintained to meet the requirements of section**373~2.23(d)** of this Part, including the as-built drawings and specifications. This submission must address the following items as specified in section 373-2.23(b) ofthis Part: (i) the design characteristics ofthe drip pad; (ii)

. the liner system; (iii) the leakage detection system, including the leak detection system and how it is designed to detect the failure ofthe drip pad or the presence of any releases ofhazardous waste or accumulated liquid atthe earliest practicable time;

(iv) practices designed to maintain drip pads; (v) the associated collection system; (vi) control ofrun-on to the drip pad; (vii) control ofrun-offfrom the drip pad; (viii) the interval at which drippage and other materials will be removed from the associated collection syj;tem and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;

(ix) procedures for cleaning up the drip pad at least once every seven days to ensure the removal ofany accumulatedresidues ofwaste orothermaterials, includingbutnotlimited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning, and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned;

(x) operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipmentis minimized;

(xi) procedures, inclUdingrecordkeeping practices, for ensuringthat, afterremoval from the treatment vessel, treated wood from pressure and nonpressure processes is held on the drip pad until drippage has ceased;

(xii) proVisions for ensuring that collection andholding units associated with therun-on and runoff control systems are emptied or otherwise managed as soon as possible after stonns to maintain design capacity ofthe system;

(xiii) iftreatment is carried out on the drip pad, details ofthe process equipment used, and the nature and quality ofthe residuals;

(xiv) a description ofhow each drip pad, inclUding appurtenances for control ofrun-on and runoff, will be inspected in order to meettherequirements ofsection 373-2.23(d) ofthis Pan. This information should be included in the inspection plan submitted under subparagraph (a)(2)(Y) ofthis section;

(xv) a certification signed by an independent qualified, professional engineerregistered in New York State, stating that the drip pad design meets the requirements of section 373-2.23(d)(l) through (6) ofthis Part; and

(xvi) a description ofhow hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as requiredunder section**373~2.23(f)(l)** ofthis Part. Forany waste notto beremoved from the drip pad upon closure, the owner oroperatormust

01-15-2002 6157 Conservation

### § 

### 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### submit detailed plans and an engineering report describing how section**373~2.14(g)(l)** 

### and (2) of 

### this Part 

### will be complied with. This information should be included in the closure plan and, where applicable, the**post~closure** 

### plan submitted under subparagraph (a)(2)(xiii) ofthis section. (n) 

### Specific requirementsfor air emission controlsfor tanks, surface impoundments, and containers. (1) 

### Except as otherwise provided in section 373-2.1 (a) ofthis Part, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements ofsection 373-2.29 ofthis Pan shall provide the following additional information: (i) 

### Documentation for each floating roof cover installed on a tank subject to section**373~2.29(e)(4)(i)** 

### or (ii) 

### of this Part that includes infonnation prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner oroperator that the cover meets the applicable design specification" 

# a, listedin 'eetion 373-2.29(e)(5)(i) or (6)(i) ofthis Part.

(ii) Identificationofeach container area subject to 

### therequirements ofsection 373-2.29 ofthis Part and certificationby the owneroroperatorthattherequirements ofthis section are met.

(iii) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of section 373-2.29(e)(4)(v) or (g)(5)(i)(b) 

### of this Part that includes records for the most recent set of calculations and measurements performed by the owner or operator to 

### verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T - Criteria for and VerificationofaPermanentorTemporary Total Enclosure" under40CFR 52.741, appendix B, as incorporated by 

### reference in section 370.1(e) ofthis Title.

(iv) Documentation for each floating membrane cover installed on a surface impoundmentin accordance with therequirements ofsection 373-2.29(f)(3) ofthis Partthatincludes information prepared by the owner or operator or provideq by the cover manufacturer or vendordescribing the cover design, and certification by the owneror operatorthatthe cover meets the specifications listed in section 373-2.29(1)(3)(i) ofthis Part.

(v) Documentation for each closed-vent system and control device installed in accordance with the requirements of section 373-2.29(h) of this Part that includes design and perfonnance information, as specified in paragraphs (k)(3) and (4) ofthis section.

(vi) Anemissionmonitoringplan forboth Method 21 in40CFRpart 60, appendiX A, as incorporated by reference in section 370.1 (e) ofthis Title, and control device monitoring methods. This plan shall include the following infonnation: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliance.

(vii) When an owner or operator of a facility subject to section 373-3.29 ofthis Part cannot comply with section 373-2.29 of this Part, by the date of permit issuance, the schedule ofimplementationrequired under section 373-3.29(c) ofthis Part. (0) 

### Requirementsforpost-closurepennits. Forpost-closure permits, the owneroroperator isrequiredto submittheinformation specifiedin subparagraphs (a)(2)(i), (iv), (v), (vi), (xi), (xiii), (xiv), (xvi), and (xix) and paragraphs (a)(3) and (4) of this section unless the department determines thatadditional information from subdivision (a), (c), (d), (e), (g), or (h) ofthis section is necessary. The owner or operatoris required to submit the same information when an alternative authority is used in lieu ofapost-closure permit as provided in section 373-1.2(e)(3) ofthis Suhpart.

(p) 

### Penni! denial. The commissioner may, pursuant to the procedures in Part 621 ofthis Title, deny the permit application eitherin its entirety or as to 

### the active life ofahazardous waste management facility orunit only.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2, 1986; May 14, 1987; Oct. 26, 1988; Dec. 2, 1991; Nov. 15, 1994; Sept. 29, 1998; Nov. 4, 1999; Jan. 14,2002 eff. 60 days after filing. Amended (a)(l), added (0).

6158 Conservation 

### 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-1.6



### § 373-1.6 Permit conditions.

(a) 

### Conditions applicable to all pennits. 

### The following conditions apply to all Part 373 penuits, and will he incorporatedinto the permits eitherexpressly orbyreference. Ifincorporated by reference, a specification to these regulations must be given in the permit. 

### 0) Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of

### EeL article 27, title 9, and is grounds: 

### 0) for enforcement action; (ii) for pennit termination, revocation and reissuance, or modification; or (iii) for denial ofa pennit renewal application. (2) Duty to reapply. 

### Ifthe pennittee wishes to continue an activity regulated bythis permit 

### after the expiration date ofthis pennit, the permittee must apply for and obtain a new permit.

(3) Need to 

### halt orreduce activity not a defense, It will notbe a defense for apennittee in

anenforcement action thatitwould havebeen necessary to 

### haltorreduce thepermitted activity in order to 

### maintain compliance with the conditions ofthis pennit. (4) Duty to 

### mitigate, In the event of noncompliance with the permit, the permittee must take all reasonable steps to minimize releases to 

### the environment and must carry out such measurements as arereasonableto prevent significant adverseimpacts on human health and the environment.

(5) Proper operation and maintenance. The permittee must at all times properly operate and maintain all facilities and systems oftreatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions ofthis permit. Proper operation andmaintenance 

### includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation ofbackup

or auxiliary facilities or similar systems only when necessary to 

### achieve compliance with the conditions ofthe pennit.

(6) Permit actions, This permit may be modified, suspended or revoked for cause. The filing ofa request by the permittee for a permit modification, suspension or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(7) Property rights, The permit does not convey any property rights of any sort, or any exclusive privilege.

(8) Duty to 

### provide information, The permittee must furnish to 

### the commissioner, within a reasonable time, any relevant information which the commissioner may request to determine whether cause exists for modifying, suspending or revoking this permit. or to 

### determine compliance with this permit. The permittee must also furnish to the commissioner, upon request, copies ofrecords required to be kept by this permit. (9) Inspection and entry. The pennittee must allow the commissioner or an authorized representative, upon the presentation ofidentification, to: (i) enter at reasonable times upon the permittee's premises where aregulated facility or activity is located or conducted, or where records must be kept under the conditions ofthis permit;

Oi) have access to and copy, at 

### reasonable times. any records that mustbe keptunderthe conditions ofthis permit;

(iii) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated orrequired under this pennit; and

(Iv) sample or monitor at reasonable times, for the purposes ofassuring permit compliance, or as otherwise authorized by the EeL, 

### any substances orparameters at any location. (10) Monitoring and records,

10-31-98 6159 Conservation

### § 

### 373-1.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) Samples and measurements taken for the purpose ofmonitoring must be representative ofthe monitored activity.

(ii) 

### The pcnnittec must retain records of all monitoring information, including all calibration and maintenance records and all original strip chan recordings for continuous monitoring instrumentation, copies of all reports required by this pennit, the certification required by section 373-2.5(c)(2)(ix) ofthis Part, andrecords ofall dataused to completethe application for this permit, for a period of at least three years from the date ofthe sample, measurement, report or application. This period may be extended by request ofthe commissioner at any time. The permittee must maintain records of all ground-water quality and ground-water surface elevations, for the active life ofthe facility, and for the post-closure

care period as well.

(iii) Records for monitoring information must include:

(a) the date, exact place and time ofsampling or measurements; (b) the name(s) ofthe individual(s) who performed the sampling or measurements; (c) the date(s) analyses were performed; (d) the name(s) ofthe individual(s) who performed the analyses; (e) the analytical techniques or methods used; and (j) the results ofsuch analyses. (11) Signatory requirements. All applications, reports or information submitted to the commissioner must be signed and certified (see section 373-1.4[a][5] ofthis Subpart).

(12) Reporting requirements.

(1) Planned changes. The permittee must give notice to the commissioner as soon as possible ofany planned physical alterations or additions to the permitted facility.

(ii) Anticipated noncompliance. The permittee must give advancenotice to the commissioner of any planned changes in the pennittcd facility or activity which may result in noncompliance with pennit requirements. For a new facility, the permittee may not treat, store or dispose ofhazardous waste; andfor afacility being modified, the permittee may not treat, store or dispose ofhazardous waste in the modified portion ofthe facility except as provided in section 373-1.7 ofthis Subpart, until: (a) the permittee has submitted 10 the commissioner, by certified mail or hand delivery, alettersigned by the permittee and aregistered professional engineer statingthat the facility has been constructed or modified in compliance with the permit; and

(b) the commissioner has:

(1) inspected the modified or newly constructed facility and finds it is in compliance with the conditions ofthe pennit; or

(2) if, within 15 days ofthe date of submission ofthe letter in clause (a) ofthis subparagraph, the permitteehas notreceived notice from the commissionerofhis orher intent to inspect, the prior inspection is waived and the pennittee may commence treatment, storage or disposal ofhazardous waste. (iii) Transfers. This pennit is not transferable to any person except after notice 10 the commissioner. The commissioner may require modification or suspension ofthe pennitto change the name of the permittee and incorporate such other requirements as may be necessary under this Part. (Note: see section 373-L7[a] ofthis Subpart.)

(iv) Monitoring repons. Monitoring results must be reported at the intervals specified elsewhere in this permit.

(v) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule ofthis pennit must be submitted no later than 14 days following each schedule date. (vi)**Twenty-four~hour** reporting.

6160 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.6

(a) The permittee must orally report any noncompliance that may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances, including: (1) information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies; and

(2) any information of a release or discharge ofhazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility. (b) The description ofthe occurrence and its cause must include:

(1) names. address and telephone number ofthe operator; (2) name. address and telephone number ofthe facility; (3) date, time and type ofincident; (4) name (chemical and common) and quantity ofmateria1(s) involved; (5) the extent ofinjuries, ifany; (6) an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and

(7) estimated quantity and disposition ofrecovered material that resulted from the incident. (c) A written submission must also be provided within five days of the time the permittee becomes aware of the circumstances, The written submission must contain a description ofthe noncompliance and its cause; the period ofnoncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time itis expected to continue; and steps taken or plarmed to reduce, eliminate and prevent

recurrence of the noncompliance. The commissioner may waive the five-day written notice requirement in favor ofa written report within 

### 15 days. (vii) Manifest discrepancy report. Ifa significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. Ifnotresolved within 

### 15 days, the permittee must submit a letter repon, including a copy ofthe manifest, to the commissioner (see Part 372 ofthis Title).

(viii) Unmanifcsted waste report. This report must be submitted to the commissioner within 15 days ofreceipt ofunmanifested waste (see section 373-2.5[fj ofthis Part).



### Ox) Annual report. An annual report must be submitted covering facility activities during the calendaryear (sec section 373-2.5[e

## 1ofthis Part).

(x) Othernoncompliance. The permittee shall report all instances ofnoncompliance not reported under subparagraphs (iv), (v) and (vi) of this paragraph at the time monilOring reports are submitted, The repons shall contain the information listed in subparagraph (vi). (xi) Otherinformation. Where the permitteebecomes aware that any relevantfacts were omitted in 

### apermit application, or incorrect information was submitted in a permit application or in any repon to the commissioner, the permittee must promptly submit the correct facts orinformation. (13) Information repository. The commissioner may require the pennittee to establish and maintain an information repository at any time, based on the factors set forth in section**373~** 1.1O(c)(2) ofthis Subpart. The information repository will be governed by the provisions in section 373-1.10(c)(3) through (6) ofthis Subpart. (b) 

### Requirementsfor recording and reporting ofmonitoring results. All permits must specify: (1) requirements concerning the proper use. maintenance and installation when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

10-31-98 6161 Conservation

### § 373-1.6 TITLE 6 ENVIRONMENTALCONSERVATION

(2) required monitoring, including type, intervals and frequency sufficient to yield data which are representative of the monitored activity, including, when appropriate, continuous monitoring; and

(3) applicable reporting requirements based upon the impact ofthe regulated activity and

as specifiedin Subpart 373-2 ofthis Part. Reporting mustbe no less frequent than specifiedin the above regulations.

(subdivision [a] ofthis section), the commissionermay establish, as requiredon acase-b se basis, conditions in pennits regarding section 373-1.8(a) ofthis SUbpart (duration

. ennits), (d) ofthis section (schedules ofcompliance and alternate schedules ofcompl' e), and (b) of this section (monitoring).

(2) Each pennit will include permit conditions necessary achieve compliance with RCRA and its regulations and article 27, title 

### 9 ofthe ECL its regulations, including each ofthe applicablerequirements specifiedin Subpart373- dParts 374 and 376ofthisTitle. In satisfying this provision, the commissioner max' orporate applicable requirements ofSubpart 373-2 and Parts 374 and 376 ofthis Tit lrectly intothe permit orestablish otherpennit conditions that are based on this Part. commissionermay imposepermitconditions as the commissioner determines necess J to protecthuman health and the environment.

(3) New permits, rene ofpermits and modified or suspended permits shall incorporate each ofthe applicabl quirements referenced in this section.

(4) Inco Ion. All pennit conditions will be incorporated eitherexpressly or by reference. Ifi rporated by reference, a specific citation to the applicable regulations or requireme ust be given in the permit. The applicableregulations orrequirements would be those

(d) Schedules ofcompliance. (I) The permit may, when appropriate, specify a schedule ofcompliance leading to compliance with this Part. (i) Time for compliance. Any schedules ofcompliance will require compliance as soon
as possible.

(ii) Interim dates. Except 

### as provided in clause (2)(i)(b) ofthis subdivision, ifapenni! establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule will establish interim requirements and the dates for their achievement. (a) The time betweeninterim dates will not exceed one year. (b) Ifthe time necessary for completion ofany interim requirement is more than one year, andis notreadily divisibleinto stages for completion, thepennit will specifyinterim dates for the submission ofreports ofprogress toward completion ofthe interim requirements and indicate aprojected completion dale. (iii) Reporting. Thepermitwill be writtentorequire that, no laterthan 14days fonowing each interim date and the final date ofcompliance, the permittee shall notify the commissioner, in writing, ofits complianceornoncompliance withtheinterimorfinal requirements,

or submitprogress reports ifclause (ii)(b) ofthis paragraph is applicable. (2) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving 

### a tenninal volume ofhazardous waste and for treatment and storage HWM facilities, closing pursuant to applicable requirements; and for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet pennitrequirements as follows: (i) Ifthepermitteedecides to ceaseconductingregulated activities aLagiven time within the lenn ofapermit which has already been issued: (a) the permit may be modified to contain a new or additional schedule leading to timely cessation ofactivities; or

(b) the permittee must cease conducting pennitted activities before noncompliance with anyinterimorfinal compliance schedulerequirement already specifiedinthe permit.

6162 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-1.7

(Ii) Ifthe decision to cease conducting regulated activities is made before issuance ofa permit the term ofwhich would have included the termination date, the permit when issued will contain a schedule leading to termination to ensure timely compliance with applicable requirements. (iii) Ifthe permittee is undecided whether to cease conducting regulated activities, the commissioner may issue or modify a pennit to contain two schedules as follows: (a) Both schedules will contain anidentical interim deadlinerequiring a final decision



### on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in atimely manner ifthe decision is to continue conducting regulated activities.

(b) One schedule will lead to timely compliance with applicable requirements. (c) The second schedule 

### will lead to cessation ofregulated activities by a date which will ensure timely compliance with applicable requirements.

(d) Each permit containing two schedules will include a requirement that, after the permittee has made a final decision under clause (a) ofthis subparagraph, it must follow the schedule leading to termination if the decision is to cease conducting regulated activities. (iv) The applicant's orpermittee's decision to cease conductingregulated activities shall be evidenced by a firm public commitment satisfactory to the commissioner, such as resolution ofthe board ofdirectors ofa corporation. (e) Effectof apennit. Compliance with apermitissuedpursuantto this Partduring it's term constitutes compliancc, for purposes ofenforcement, with Parts 370 through 374 and 376 ofthis Title exceptfor those requirements not included in the permit which: (1) become effective by statute; (2) are promulgated under Pan 376 of this Title restricting the placement of hazardous wastes in or on the land;

(3) are promulgated under Subpart 373-2 ofthis Pan regarding leak detection systems for

new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detections system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures ofsection 373-1.7 of this Subpart for major modifications; or

(4) are promulgated under section**373~3.27, 373~3.28**  or 373-3.29 ofthis Part limiting air emissions.

Historical Note Sec. filed May 14, 1985; arnds. filed: May 2,1986; Oct. 26, 1988; Dec. 2, 1991: Sept. 29, ]998 eff. 60 days afterfiling. Amended (a), (c); added (e). 

### §**373~1.7** 

### Permitmodifications.

(a) Transferof permits. (1) A pennit may be transferred by the permittee to a new owner

or operator only ifthe permit has been modified under subdivision (b) ofthis section and Part 621 ofthis Title to identify the new pennittee and incorporate such otherrequirements as may be necessary.

(2) Changes in the ownership or operational control ofa facility may be made as a minor modification with prior written approval ofthe commissioner in accordance with subdivision (c) ofthis section. The new owneroroperator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transferofpermitresponsibility between the currentandnew permittees mustalso be submitted to the commissioner. When a transfer ofownership or operational control occurs, the previous

owner or operator shall comply with the requirements ofsection 373-2.8 (Financial requirements) of this Part until the new owner or operator has demonstrated that he or she is complying with therequirements ofthat section. The new owneroroperatormust demonstrate

6]63 Conservation

### § 

### 373-1.7 TITLE 6 ENVIRONMENTAL CONSERVATlON

compliance with section 373-2.8 requirements within six months ofthe date ofthe change of ownership or operational control of the facility. Upon demonstration to the commissioner by the new owner ofcompliance with section 373-2.8, the commissioner shall notify the previous

owner or operator that he or she no longer needs to comply with section 373-2.8 as ofthe date ofdemonstration. 

### (b) Modification ofpermits. Every application for modifications to a permit will 

### be processedpursuant to Pan 621 ofthis Title.

(c) 

### Minor modification of**RCRA~delegaled** 

### permits. An application for modification ofan RCRA-dclegatcd pennit may be processedpursuant to Pan 621 ofthis Title withoutbeing treated

as a new' application for only the following changes under the indicated categories: (l) General pennit provisions.

(i) administrative and infonnational changes: (ii) correction oftypographical errors; (iii) equipment replacement or upgrading with functionally equivalent components (e.g.! pipes, valves, pumps, conveyors, controls);

(iv) changes in the frequency ofor procedures for monitoring, reporting, sampling, or maintenance activities by the pennittce to proVide for more frequent monitoring, reporting, sampling, or maintenance;

(v) schedule ofcompliance: changes in interim compliance dates, with prior approval of the commissioner;

(vi) changes in expiration date ofpennit to allow earlier pennit tennination, with prior approval ofthe commissioner; and

(vii) changes in ownership or operational control ofa facility, provided the procedures ofparagraph (a)(2) ofthis section are followed. (2) General facility standards.

(i) changes to waste sampling or analysis methods:

(a) to confonn with department guidance or regulations; (b) to incorporate changes associated withunderlying hazardous constituents in ignitable orcorrosive wastes;

(c) to incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods; Oi) changes to analytical quality assurance/control plan to confonn with department guidance or regulations;

(iii) changes in procedures for maimaining the operating record; (iv) changes in the training plan other than those that affect the type or decrease the amount oftraining given to employees;

(v) contingency plan:

(a) replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed;

(b) changes in name, address, or phone number ofcoordinators or other persons or agencies identified in the plan; (vi) construction quality assurance plan:

(a) changes that the CQA officer certifies in the operating record will provide equivalent orbetter certainty that the unit components meet design specifications.

NOle: When a pennit modification (such as introduction of a new unit) requires achange in facility plans orothergeneral facility standards, that change shall be reviewed under the same procedures as the permit modification,

6164 Conservation 10-31-98CHAPTER IV QUALITY SERVICES 

### § 373-1.7

(3) Ground-water protection.

(i) Changes to wells:

(a) 

### replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth ofthe well; (ii) 

### changes in**ground~water** 

### sampling or analysis procedures or monitoring schedule, with prior approval ofthe commissioner;

(iii) 

### changes in statistical procedure for dctcnnining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval ofthe commissioner. (4) Closure.

(i) Changes to the closure plan:

(a) changes in estimate ofmaximum extent ofoperations or maximum inventory of waste on-site at any time during the active life ofthe facility, with prior approval ofthe commissioner;

(b) changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the commissioner;

(c) changes in the expected year offinalc1osure, where other pennit conditions arc not changed, with prior approval ofthe commissioner;

(d) changes in procedures for decontamination of facility equipment or structures, with prior approval ofthe commissioner. (ii) Addition ofthe following new units to be used temporarily for closure activities:

(a) tanks used for neutralization, dewatering, phase separation, orcomponent separation, with prior approval ofthe commissioner. (5) Post-closure.

(i) changes in name, address, orphone number ofcontact in post-closure plan; (ij) changes to the expected year offinal closure, where otherpermit conditions are not changed. (6) Containers.

0) Modification or addition ofcontainer units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all ofthe applicable treatment standards with prior approval of the commissioner. This modification may also involve addition ofnew waste codes ornarrative descriptions ofwastes. Itis notapplicable to dioxincontaining wastes (F020. F021, FOZZ. F023, F026, F027. and F028).

(ij) Addition ofa roofto a container unit without alteration ofthe containment system. (iii) Storage or treatment ofdifferent wastes in containers:

(a) that require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. This modification is not applicable to dioxin-containing wastes (F020. F02l. FOZZ. F023. F026, F027, and F028);

(b) that do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes ofthe

sametype (e.g., incinerator scrubber water). This modification is not applicable to dioxincontaining wastes (F020, F021, F022, F023, F026. F027. and F028). (7) Tanks.

(i) Afterpriorapproval ofthe commissioner, addition ofanew tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation,'Ofcomponent separation.

10-31-98 6165 Conservation

### § 373-1.7 TITLE 6 ENVIRONMENTAL CONSERVAnON



### (8)

(i) (ii) Modification or addition of tank units or treatment processes necessary to treat wastes that arc restricted from land disposal to meet some or all ofthe applicable treatment standards. with prior approval of the commissioner. This modification may also involve addition ofnew waste codes. 

### It is not applicable to**dioxin~containing** wastes (F020, F02l, F022, F023, F026, F027, and F028).

(iii) Replacement ofa tank with a tank that meets the same design standards and has a capacity within +/-10 percent ofthe replaced tank provided: (a) the capacity difference is no more than 1,500 gallons; (b) the facility's pennittcd tank capacity is not increased; and (c) the replacement tank meets the same conditions in the permit. (iv) Management ofdifferent wastes in tanks:

(a) that require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. The modification is not applicable to dioxin-containing wastes (F020, F021, 

### F02l, F023, F026, F027, andF028).

(b) that do not require the addition ofunits or a change in the treatment process or management standards, and provided that the units have previously received wastes ofthe

same type (e.g., incinerator scrubberwater). This modification is not applicable to dioxincontajning wastes (F020, F021, F022, F023, F026, F027, and F028).

Note: see subdivision (g) of this section for modification procedures to be used forthe management ofnewly listed oridentified wastes, Surface impoundments.

Treatment, storage, or disposal ofdifferent wastes in surface impoundments: (a) that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the unit meets the minimum technological requirements stated in both 40 eFR 268.5(h)(2) and section 376.I(c)(8)(ii) ofthis Title. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028);

(b) thatarc residues from wastewatertreatmentorincineration, provided that disposal

occurs in aunitthat meets the minimum technological requirements statedinboth40 CFR 268.5(h)(2) and section 376.I(e)(8)(ii) ofthis Title, and provided further that the surface impoundment has previously received wastes ofthe same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F02D, F021, FOn, F023, F026, F027, and F028). (ii) Modifications ofunconstructed units to comply with section 373-2.l1(b)(3), (d)(4), 

### OJ and (k) ofthis Part.

Note: Sec subdivision (g) of this section for modification procedures to be used forthe management ofnewly listed oridentified wastes, (9) Enclosed waste piles. For all waste piles except those complying with section 373-2.12(a)(3) ofthis Part. modifications arc treated the same as for allandfill. The following modifications are applicable only to waste piles complying with section**373~2.12(a)(3).** (1) Replacement ofa waste pile unit with another waste pile unit ofthe same design and capacity and meeting all waste pile conditions in the permit.

Note: See subdivision (g) ofthis section for modification procedures to be used forthe management ofnewly listed or identified wastes. (1 D) Landfills and unenclosed waste piles.

(1) Landfill different wastes:

(a) that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the landfill unit meets the minimum technological require6166 ConservationCHAPTER IV QUALITY SERVICES 

### § 373-1.7

menlS staled in bOlh 40 CFR 268.5(h)(2) and section 376.1(c)(8)(ii) of this Tille. This 

### modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026. FOn, and F028);

(b) thatarc residues from wastewatertreatmentorincineration, provided that disposal

occurs in a landfilluoit that meets the minimum technological requirements statedin both 40 CPR 268.5(h)(2) and section 376.1 (c)(8)(ii) ofthis Title, and provided further that the 

### landfill has previously received wastes ofthe same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, F02l, F022, F023, F026, F027, and F028). (ii) Modifications ofunconstructedunits to comply with sections 373-2. 12(b)(3), (e), (j) and (k), 373-2.14(c)(3), (e)(3), (n) and (0) ofthis Part.

Note: See subdivision (g) ofthis section for modification procedures to be used for the management ofnewly listed oridentified wastes. (11) Land treatment (i) Modification ofa land treatment unit management practice to decrease rate ofwaste application.

(ii) Changes in any condition specified in the permit for a land treatment unit to reflect results oftheland treatmentdemonstration, providedperformance standards are met, andthe commissioner's prior approval has been received.

(iii) Changes to allow a second land treatment demonstration to be conducted when the results ofthe first demonstration have not shown the conditions underwhich the wastes can betreated completely, providedthe conditions forthe seconddemonstration are substantially the same as the conditions for thefirst demonstration and havereceivedthepriorapproval of the commissioner.

NOle: See subdivision (g) ofthis section for modification procedures to be used for the management ofnewly listed oridentified wastes. (12) Incinerators, boilers and industrial furnaces. (i) Shakedown and trial bum: (a) authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness afterconstruction, with the prior approval ofthe commissioner;

(b) changes in the operatingrequirements set in the permitfor conducting atrial burn, provided the change is minor and has received the prior approval ofthe commissioner;

(c) changes in the ranges ofthe operatingrequirements setin the permit to reflectthe results ofthe trial burn, provided the change is minor and has received the prior approval ofthe commissioner. (ii) Substitution ofan alternate type ofnonhazardous waste fuel that is not specified in the permit.

(iii) Technology changes needed to meet standards under

### 40 CFR part 

### 63 (subpart

### EEE, National Emission Standards for Hazardous AirPollutants From Hazardous Waste Combustors), as incorporated by reference in section 370.1 (e) ofthis Title, provided the procedures ofsubdivision 

### CD ofthis section are followed. (13) Containmentbuildings. (i) Replacement ofa containmentbuilding that meets the

same design standards provided: (a) the unitcapacity is not increased; and (b) the replacement containment building meets the same conditions specified in the pennit. (14) Temporary authorizations. (i) Conduct, for atermofnotmorethan 180days, or, if extended, for not more than a total of 

### 360 days, of a modification which is a major modification (not otherwise a minor modification) and which meets the criteria given in subdivision (f) ofthis section.

01-15-2002 6167 Conservation

### § 

### 373-1.7 TITLE 6 ENV]RONMENTAL CONSERVAT]ON



### (15) Other modifications. 0) In the case ofmodifications not explicitly listed as minor

or major, the permittee may submit a request for permit modification and request that it be classified and administered as a modification under Part 621 (Uniform Procedures) ofthis 

### Title, and as a minor or major modification under this Part. This request must include information supporting the requested classification.

(ii) The department shall determine whethertherequestqualifies to be administeredas a modification or an application for anew pennit in accordance with section 621.13 (Uniform 

### Procedures) of this Title, In making this determination, the department shall consider the degree to 

### which the proposed changes are similar to those listed above and the following criteria: (a) 

### minor modifications apply to 

### minor changes that keep the permit current with routine changes to the facility orits operation. Thesechanges do not substantially alterthe permit conditions or reduce the capacity ofthe facility to protect human health or the environment (d) Majormodifications. 

### Majormodifications include, but arenotlimitedto, the following:

(1) 

### General permitprovisions. (i) Extension offinal compliance date. (2) Groundwater protection, (i) Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs), as specified in the groundwater protection standard.

(ii) Compliance monitoring program:

(a) 

### Addition of compliance monitoring program as required by section 373-2.6(i)(8)(iv) and U)(lO)(iii) ofthis Part.
(iii) 

### Corrective action program:

(a) 

### Addition ofacorrective action program as required by section 373-2.6U)(ll) and (k) ofthis Part 

### (3) Closure. (i) Creation ofanew landfill unit as part ofclosure.

(ii) Addition ofthe following new units to be 

### used temporarily for closure activities:

(a) 

### surface impoundments; (b) 

### incinerators; and (e) waste piles that do not comply with section 373-2.12(a)(3) ofthis Part. 

### (4) Post-closure. (i) Reduction in the post-closure care period, (5) Containers. (i) Modification or addition ofcontainerunits resulting in greater than 25 percent increase in the facility's container storage capacity, except as provided in subparagraph (c)(6)(i) and clause (c)(6)(iii)(a) ofthis section.



### (ii) Storage of different wastes in containers, except as provided in subparagraph (c)(6)(iii) ofthis section, that require additional or different management practices from those authorized in the permit.

Note: See subdivision (g) ofthis section for modification procedures to be used forthe management ofnewly listed oridentified wastes. 

### (6) Tanks. (i) Modification oraddition oftankunits resultingin greaterthan 25 percent increase in the facility's tank

### capacity, except as provided in subparagraphs (c)(7)(i) and (ii) ofthis section.

(ii) Management ofdifferent wastes in tanks:

6168 Conservation 01-]5-2002CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.7

(a) that require additional or different management practices, tank design, different fire protection specifications. or significantly different tank treatment process from that authorized in the permit, except as provided in clause (c)(7)(iv)(a) ofthis section.

Note: See subdivision (g) of tills section for modification procedures 10 be used forthe management ofnewly listed oridentified wastes. (7) Surface impoundments.

(1) Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or trealment capacity.

(ii) Replacement ofa surface impoundment unit. (iii) Treatment, storage, or disposal of different wastes in surface impoundments that require additional or different management practices or different design ofthe liner or leak detection system than authorized in the pennit.

(iv) Changes in response action plan:

(0) increase in action leakage rate; (b) change in a specific response reducing its frequency or effectiveness.

Note: See subdivision (g) ofthis section for modification procedures to be used forthe management ofnewly listed oridentified wastes. (8) Enclosed waste piles. For all waste piles except those complying with section 373-2.12(a)(3) ofthis Part, modifications are treated the same as for a landfil1. The follOWing modifications are applicable only to waste piles complying with section 373-2.12(a)(3) ofthis Pan. (i) Modification or addition of waste pile units resulting in greater than 25 percent

increase in the facility's waste pile storage or treatment capacity.

(ii) Storage or treatment of different wastes in waste piles that require additional or different management practices or different design ofthe unit.

Note: See subdivision (g) ofthis section for modification procedures to be used forthe management ofnewly listed oridentified wastes. (9) Landfills and unenclosed waste piles.

(i) Modification or addition of landfill units that result in increasing the facility's disposal capacity.

(ii) Replacement ofa landfill. (iii) Addition or modification of a liner, leachate collection system, leachate detection system, runoffcontrol, or final cover system.

(tv) Landfill different wastes that require additional or different management practices, different design ofthe liner. leachate collection system, or leachate detection system.

(v) Changes in response action plan:

(a) increase in action leakage rate; (b) change in a specific response reducing its frequency or effectiveness.

Note: See subdivision (g) ofthis section for modification procedures to be used for the management ofnewly listed or identified wastes. (10) Land treatment.

(1) Lateral expansion ofor other modification ofa land treatment unit to increase areal extent.

(ii) Modify run-offcontrol system. (iii) Management of different wastes in land treatment units that require a change in permit operating conditions or unit design specifications.

10-31-98 6169 Conservation

### § 373-1.7 TITLE 6 ENVIRONMENTAL CONSERVATION

Note: See subdivision (g) of this section for modification procedures to be used forthe management ofnewly listed oridentified wastes. 

### (iv) Modification of a land treatment unit management practice to increase rate or change method ofwaste application.



### (v) Modificationofalandtreatmentunitmanagementpracticeto grow food chain crops, to add or replace existing permitted crops with different food chain crops, or to 

### modify operating plans for distribution ofanimal feeds reSUlting from such crops,



### (vi) Modification of operating practice due to detection of releases from the land treatment unit pursuant to section 373-2.13(D(7)(ii) ofthis Part. 

### (vii) Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, numberofsampling points, orreplace unsaturated zone monitoring devices

orcomponents ofdevices with devices or components thathavc specifications differentfrom permitrequircments. (viii) Changes to 

### allow asecondlandtreatmentdemonstration to be conducted when the results ofthe first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the sccond demonstration are not substantially the same as the conditions for the first demonstration. (11) Incinerators, boilers, and industrial furnaces.

(0 Changes to increase by

### morethan 25 percentany ofthe following limits authorizedin the pennit: athermal feed ratelimit, afeedstream feed ratelimit, achlorine/chloridefeed rate limit, ametal feed rate limit, or an ash feed rate limit. 

### The commissioner will require a new trial burn to 

### substantiate compliance with the regUlatory perfonnance standards unless this demonstration can be made through other means acceptable to 

### the commissioner.

(ii) 

### Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry ofthe primary or secondary combustion units, by adding aprimary

or secondary combustion unit, by substantially changing the design ofany component used to remove hydrogen chloride, chlorine, metals, orparticulate from the combustion gases, or by changing otherfeatures ofthe incinerator, boiler, orindustrial furnace thatcould affectits capability to meet the regulatory performance standards. The commissioner will require a new trial burn to 

### substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to 

### the commissioner. (iii) Operating requirements:

(a) 

### Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen**concen~** 

### tration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature atthe inletto the particulate matteremission control system, or operating parameters for the air pollution control system. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioncr.

(b) 

### Modification ofany stackgas emission limits specified in thepennit, ormodification ofany conditions in the permit concerning emergency shutdown or automatic waste feed cutoffprocedures or controls. (iv) Burning different wastes ifthe waste contains aPOHC that is more difficult to bum than authorized by the permit or ifburning ofthe waste requires compliance with different regulatory performance standards than specified in the permit. The commissioner will 

### require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the**commis~** 

### sioner.

Note: See subdivision (g) of this section for modification procedures to be used for the management ofnewly listed or identified wastes. 

### (12) Containmentbuildings.

6170 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-1.7

(1) Modification or addition ofcontainment building units resulting in greater than 25 percent increase in the facility's containment building storage treatment capacity.

(ij) Storage or treatment ofdifferent wastes in containment buildings that require**addi~** tional ordifferent management practices. (13) Corrective action.

(i) Approval ofa corrective action management unit pursuant to section 373-2.19(a) of this Part. ee) Announcementof detennination. Uponreceiptofthe commissioner's determination, the permittee must send an announcement ofevery minor modification to all persons on the facility mailing listmaintained bythe commissionerunder section 621.6(d)(3) and (4) ofthis Title, to any unit oflocal government having jurisdiction over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation of such facility. This announcement must be made within 90 calendar days afterthe commissionerapproves the request as a minor modification.

(f) 

### Temporary authorizations. (1) Upon request ofthe permittee, the commissioner may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subdivision. Temporary authorizations musthave a term ofnot more than 180 days.

(2) (i) The pennittee may request a temporary authorization for any modification which would otherwise be amajor modification that meets the criteria in clause (3)(ii)(a) or (b) of this subdivision; orthat meets the criteria in clauses (3)(ii)(c) through (e) ofthis subdivision and provides improved management or treatment ofa hazardous waste already listed in the facility permit.

(ii) The temporary authorization request must include:

(a) a description 

### Ofthe activities to be conducted underthe temporary authorization; (b) an explanation ofwhy the temporary authorization is necessary; and (c) sufficientinfonnation to ensure compliance with the Part 373 standards. (iii) The permittee must send an announcement about the temporary authorization request to all persons on the facility mailing list maintained by the commissioner under section 62L6(d)(3) and (4) ofthis Title, to any unit oflocal government havingjurisdiction

over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation ofsuch facility. This announcement must be made within seven days of submission of the authorization request. (3) The commissioner shall approve or deny the temporary authorization as quickly as practical. To issue atemporary authorization, the commissionermust find: (1) The authorized activities are in compliance withthe Part 373 standards. (ii) The temporary authorization is necessary to achieve one ofthe following objectives before action is likely to be taken on a modification request: (a) to facilitate timely implementation ofclosure or corrective action activities; (b) to allow treatmentorstoragein tanks orcontainers, orincontainmentbuildings, in accordance with the Land Disposal Restrictions contained in 40 CPR part 268 and Part 376 

### ofthis Title;

(c) to prevent disruption ofongoing waste management activities; (d) to enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or

(e) to facilitate other changes to protect human health and the environment. (4) A temporary authorization may be reissued for one additional term ofup to 180 days provided thatthe permittee has requested majorpermit modification for the activity covered in the temporary authorization, and the commissioner determines that the reissued temporary

01-15-2002 6171 Conservation

### § 373-1.7 TITLE 6 ENVIRONMENTAL CONSERVATION

authorization involving a major permit modification request is warranted to allow the authorized activities to continue while the modification procedures are conducted. (g) 

### Newly regulated wastes and units, (1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under 6 NYCRR Part 371, or to continue to manage hazardous waste in units newly regulated as hazardous waste managementunits, if: (i) the unit was in existence as a hazardous waste facility withrespect to the newly listed

orcharacterized waste ornewly regulated waste managementuniton the effective date ofthe final rule listing oridentifying the waste, orregulating the unit;

(ii) the pennittee submits a minor modification request on or before the date on which the waste orunit becomes subjectto the new requirements;

(iii) the permittee is in compliance with the standards of Subparts 373*1 and 373-3 (Interim Status standards) and Subpart 374-1 ofthis Title;

(iv) thepermittee also submits acomplete majorpermit modification requestwithin 180 days ofthe effective date ofthe rule listing or identifying the waste or subjecting the unit to article 27, title 9 ofthe ECL, and 6 NYCRR Part 370 efseq. management standards; and

(v) in the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable requirements ofSubpart**373~3** ofthis Part for ground-water monitoring and financial responsibility on the date 12 months after the effective date ofthe rule identifying orlisting the waste as hazardous, orregulating the unitas ahazardous waste management unit. 

### Ifthe owneroroperator fails to cenify compliance with all these requirements, he or she shall lose authority to operate under this section. (h) 

### Military hazardous waste munitions treatment and disposaL The permittee is authorizedto continueto accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if: (1) the facility was in existence as a hazardous waste facility, and the facility was already permitted to "handle the waste military munitions, on the date when the waste military**muni~** tions became subjectto hazardous waste regulatory requirements;

(2) on or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a minor modification request to remove
or amend the permit provision restricting the receipt ofoff-site waste munitions; and

(3) the permittee submits a complete major modification request within 180 days ofthe date when the waste military munitions became subjectto hazardous waste regulatory requirements. (i) 

### Permit modification list. The commissioner must maintain a list ofall approved permit modifications and mustpublish a notice once a yearin theEnvironmental Notice Bulletin that an updated list is available for review. (j) 

### Combustionfacility changes to meetpart 63 

### MACT standards. The following procedures apply to hazardous waste combustion facility permit modifications requestedunder subparagrapb (c)(12)(iii) afthis section. (1) Facility owners or operators must comply with the notification of intent to comply (NIC) requirements of40 CPR63.1211, as incorporated by referencein section 370.1 (e) ofthis Title, before a permit modification can be requested under this Subpart.

Historical Note Sec. filed May 14, 1985; amds. filed: May 14, 1987; Oct. 26, 1988; Dec. 2,1991; Nov. 15, 1994; Sept. 29, 1998; Jan. 14,2002eff. 60 days afterfiling. Added (c)(I2)(iii), (j). 

### §**37~-1.8** 

### Expiration and continuation ofpermits.

(a) 

### Duration of permits. (l) Hazardous waste facility permits for land disposal facilities and incinerators shall be effective for a fixed term not to exceed five years. Hazardous waste facility permits for all otherunits shall be effective for a fixed tenn not to exceed 10 years.

(2) The term of a permit shall not be extended by modification beyond the maximum duration specified in this section.

(3) The commissioner may issue any permit for a duration that is less than the full allowable term under this section.

6172 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 373-1.9

(b) 

### Renewal applications. Complete applications for apennit renewal mustbe submitted at least 180 days before the expiration date ofthe eXisting permit. See also section**373~** 1.10 ofthis 

### Subpart.

Historical Note Sec, filed May 14, 1985; amds. filed: Nov. 15, 1994; Sept. 29,1998; July 5, 2005 efL 60 days after filing. Amended (b). 

### § 373-1.9 Special forms ofpermits.

(a) 

### Hazardous waste incineratorpennirs. (1) Forthepurposes ofdetermining operational readiness following completion of physical construction, the commissioner must establish permit conditions, including butnot limited to allowable waste feeds and operating conditions, in the pennit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment ofhazardous waste. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at therequest ofthe applicant when good cause is shown. The permit may be modified to reflect the extension according to section 373-1.7(c) of this Subpart (minor modifications ofpermit). (1) Applicants must submit a statement with the permit application which suggests the conditions necessary to operate in compliance with the performance standards of section 373-2.l5(d) of this part during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates and the operatingparameters identifiedin 

### seclion 373-2.15(f).

(ii) The commissioner will review this statement and any other relevant information submitted with the permit application, and specify requirements for this period sufficient to meet the performance standards ofsection 373-2.15(d). (2) For the purposes ofdetermining feasibility ofcompliance with the performance standards of section 373-2.15(d) ofthis Part and of determining adequate operating conditions under subdivision (f) ofsuch section, the commissioner must establish conditions in the permit for a new hazardous waste incinerator to be effective dUring the trial burn. (i) Applicants must propose a trial burn plan, prepared under subparagraph (ii) ofthis paragraph, with the permit application.

(ii) The trial burn plan must include the following information:

(a) an analysis ofeach waste or mixture ofwastes to be burned, that includes:

(1) heat value ofthe waste in the form and composition it will be burned; (2) viscosity (ifapplicable), or description ofthe physical form ofthe waste; (3) an identification ofany hazardous organic constituents listedin Appendix 23 of this Title that are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Appendix 23 which wouldreasonably notbeexpected to be found in the waste. The constituents excluded from analysis must be identified, and the basis for the exclusion stated. The waste analysis must rely on analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 370.l(e) ofthis Title. or their equivalent; and

(4) an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 370.I(e) of this Title, or their equivalent; (b) a detailed engineering description of the incinerator for which the permit is sought. including: (I) manufacturer's name and model number ofthe incinerator (ifavailable):

07-15-2005 6173 Conservation

### § 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) type ofincinerator; (3) linear dimensions ofthe incinerator unit, including the cross-sectional area of the combustion chamber;



### (4) description ofthe auxiliary fuel system (type/feed); (5) capacity ofprime mover; (6) description ofautomatic waste feed cutoffsystem; (7) stack gas monitoring andpollution control equipment: 

### (8) nozzle and burnerdesign; (9) 

### construction materials; (10) 

### location and description of temperature, pressure and now 

### indicating and control devices; and (II) flow sheets; (c) a detailed description ofsampling and monitoring procedures. including sampling and monitoring location in the system. the equipmentto be used, sampling and monitoring 

### frequency, and planned analytical procedures for sample analysis:

(d) 

### a detailed test schedule for each waste for which the trial is planned, including date(s), duration, quantity ofwaste to be

### burned, andotherfactors relevant to the**commis~** 

### sioner"s decision under subparagraph (v) ofthis paragraph;

(e) 

### adetailed test protocol, including, for each waste identified, the ranges of**temper~** 

### ature, waste feed rate, combustion gas velocity, use of auxiliary fuel. and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;

if) 

### a description of. and planned operating conditions for, any emission control equipment which will be used;

(g) 

### procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event ofan equipment malfunction; and

(11) 

### otherinfonnation the commissioner finds necessary to determine to 

### approve the trial bum plan in light ofthe purposes ofthis paragraph and the criteria in subparagraph (v) ofthis paragraph. 

### (iii) The commissioner, in reviewing the trial bum plan, will evaluate the sufficiency of the infonnation provided, and may require that the applicant supplement this information, if necessary, to achieve the purposes ofthis paragraph,

(iv) Based on the waste analysis data in the trial bum plan, the commissioner will specify as trial principle organic hazardous constituents (POHC's), those constituents for which destruction and removal efficiencies must be 

### calculated during the trial burn. These trial POHC's will be specified by the commissioner based on his or her estimate of the difficulty ofincineration ofthe constituents identified in the waste analysis, theirconcentration or mass in the waste feed. and for wastes listed in section 371.4 of this Title, the hazardous waste organic constituent(s) identified in Appendix 22. infra, 

### as the basis for listing.

(v) The commissioner shall approve atrial burn plan ifthe commissionerfinds that:

(0) 

### the trial burn is likely to detennine whetherthe incineratorperformance standards required by section**373~2.15(d)** 

### ofthis Part can be met;

(b) 

### the trial bum itself will not present an imminent hazard to human health or the environment:

(c) 

### the trial bum will help the commissioner to determine operating requirements to be specified under section 373-2.15(0 ofthis Part; and

6174 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.9

(d) the information soughtin clauses (a) and (b) ofthis subparagraph cannotreasonably be developed through other means. (vi) The commissionermust send anotice to all persons onthe facility mailing list as set 

### forth in section 621.6 ofthis Title and to the appropriate units oflocal government as set forth in section 621.6 ofthis Title announcing the scheduledcommencement and completion 

### dates for the trial 

### burn. The applicant may not commence the trial burn until after the commissionerhas issued such notice. (a) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required ifthe trial bum is delayed due to cirCUffi* stances beyond the control ofthe facility or the permitting agency.

(b) This notice must contain:

(1) the name and telephone numberofthe applicant's contact person; (2) the name and telephone numberofthe pennitting agency's contact office; (3) the location where the approved trial bum plan and any supporting documents

can bereviewed and copied; and

(4) an expected time period for commencement and completion ofthe trial bum. (vii) During each approved trial bum (or as soon after the bum as is practicable), the applicant must make the following deterrnin.ations: (a) a quantitative analysis ofthe trial POHC's in the waste feed to the incinerator; (b) aquantitative analysis ofthe exhaust gas for the concentration and mass emissions ofthe trial POHCs. oxygen and hydrogen chloride (Hel);

(c) a quantitative analysis of the scrubber water (if any), ash residues and other residues, for the**purpo~e** ofestimating the fate ofthe trial POHC's; (d) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 373-2.l5(d)(l) ofthis Part;

(e) if the HCI emission rate exceeds 1.8 kilograms of HCI per hour (4 pounds per hour), a computation of HCI removal efficiency in accordance with section 373-2.15(d)(2);

(j) acomputation ofparticulate emissions, in accordance with section 373-2.15(d)(3); (g) an identification ofsources offugitive emissions and their means ofcontrol; (h) ameasurementofaverage, maximum and minimumtemperatures and combustion gas velocity;

(i) acontinuous measurement ofcarbon monoxide (CO) in the exhaust gas; and (j) other information as the commissioner may specify as necessary to ensure that the trial bum will determine compliance with the performance standards in section 373-2.15(d) and to establish the operating conditions'required by section 373-2.15(D as necessary to meet that perfonnance standard. (viii) The applicant must submit a certification to the commissioner that the trial bum has been conducted in accordance with the approved trial bum plan, and must submit the results of all the detenninations required in subparagraph (vi) of this paragraph. This submission mustbe made within 90 days ofcompletion ofthe trial bum, orlaterifapproved by the commissioner. (ix) All data collected during any trial bum must be submitted to the commissioner following the completion ofthe trial burn.

(x) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 373-1.4(a)(5) ofthis Suhpart.

(xi) Based on the results of the trial burn, the commissioner shall set the operating requirements in the final permit according to section 373-2J5(D of this Part. The permit

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### 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION



### modification shall proceed as a minor modification according to section 373-1.7(c) ofthis Subpart. (3) Forthe purposes ofallowing operationofanew hazardous wasteincinerator, following 

### completion ofthe trial 

### burn and prior to final modification ofthe pennit conditions to reflect the trial 

### bum results, the commissioner may establish permit conditions, including, but not limited to, allowable waste feeds and operating conditions sufficientto meet the requirements ofsection 373-2.15(1) 

### ofthis Part. 

### in the permit to a new hazardous waste incinerator. These permitconditions willbeeffective forthe minimumtimerequiredto complete sample analysis, 

### date computation and submission ofthe trial burn results by 

### the applicant. and modification of the facility permitby the commissioner. (i) Applicants must submit a statement with the permit application, identifying the conditions necessary to operate in compliance with the performance standards of section 373-2.15(d) ofthis Part, during this period, This statement should include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters in section 373-2.15(1).

(ii) The commissioner will review this statement and any other relevant information submitted with the pennit application, and specify those requirements for this period most likely to meet the performance standards ofsection 373-2.15(d) oftbis Part. (4) For the purposes ofdetermining feasibility ofcompliance with the performance standanis of section 373-2.15(d) ofthis Part, and of determining adequate operating conditions

.undersection 373-2.15(f) ofthis Part, the applicantforapennitfor anexisting hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance with section 373-1.5(1)(2) of this Subpart and subparagraphs (2)(ii) through (v) and (vii) through (x) of this subdivision or, instead, submit other information as specified in section 373-1.5(£)(3) ofthis Subpart, The commissioner must announce an intention to approve the trial bum plan in accordance with the timing and distribution requirements of subparagraph (2)(vi) ofthis subdivision. The contents ofthe notice must include: the name and telephone numberofacontactperson atthe facility; thename andtelephonenumberofacontactoffice at thepermitting agency; the location where thetrial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval ofthe plan and the time period during which the trial bum would be conducte,d. Applicants submitting information under section 373-1.5(f)(l) of this Subpart are exempt from compliance with section 373-2.15(d) and (f) 

### ofthis Pan and, therefore, are exempt from the requirement to conduct a trial bum. Applicants who submit trial bum plans and receive approval before submission ofa pennit application must complete the trial burn and submit the results, specified in subparagraph (2)(vii) ofthis subdivision, with the pennit application. Ifthe completion ofthis process conflicts with the date set for submission ofthe permit application, the applicant mustcontact the commissioner to establish a later date for submission ofthe application or the trial burn results. Trial burn results mustbe submitted priorto issuanceofthe permit. Whenthe applicant submits a trial burn plan with the pennit application, the commissioner will specify a time period prior to permit issuance in which the trial burn must be 

### conducted and the results submitted. (b) 

### Permitsfor land treatment demonstrations usingfield test or laboratory analyses. (1) 

### To allow an owner or operator to meet the treatment demonstration requirements of section**373~2.13(c)** 

### ofthis Part, the commissioner may issue a treatment demonstration pennit. The pennit must contain only those requirements necessary to meet the standards in section 373-2.13(c)(3). The permitmaybe issued eitheras atreatmentordisposal pennitcovering only the field testorlaboratory analyses, or as atwo-phase facility permitcovering the field tests, Or 

### laboratory analyses, anddesign, construction, operation and maintenance ofthe land treatment unit. (i) The commissioner may issue a**two~phase** 

### facility permit ifthe commissioner finds

that, based oninformation submitted inthe application although incomplete orinconclusive, substantial information already exists upon which to base the issuance ofa facility permit.

6176 Conservation Ol/31100CHAPTER IV QUALITY SERVICES 

### § 

### 373-1.9

(ii) Ifthe commissioner finds that not enough information exists upon which the commissionercan establish permit conditions to attempt to providefor compliance with all ofthe requirements of section 373-2,13 of this Pan, a treatment demonstration permit must be issued covering only the field test or laboratory analyses. (2) If the commissioner finds that a phased permit may be issued, the first phase of the facility permit must contain conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration ofthe tests or analyses and, in the case offield tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration cleanup activities, and any other conditions the commissioner finds necessary under section 373-2.13(c)(3) ofthis Part. The commissioner will include conditions in the second phase of the facility permit in an attempt to meet all section 373-2.13 requirements pertaining to unit design, construction, operation and maintenance. The commissioner will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the permit application.

(3) When the owner or operator of a facility with a two-phase permit has completed the treatment demonstration, the owner or operator must submit to the commissioner a certification, signed by a person authorized to sign a permit application or report under section 373-1.4(a)(S) ofthis Subpart, that the field tests orlaboratory analyses havebeen carried outin accordance with the conditions specified in the permit for conducting such tests or analyses. The owner or operator must also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses, unless the commissioner approves a later date.

(4) Ifthe commissioner determines that the results ofthe field tests or laboratory analyses meettherequirements ofsection**373~2.l3(c)** ofthis Part, the secondphaseofthepermit will be modified to incorporate any requirements necessary for operation ofthe facility in compliance with section 373-2.13, based upon the results ofthe field tests or laboratory analyses. (i) This permit modification may proceed as a minor modification under section 373-1.7(c) ofthis Subpart, provided any such change is minor, or otherwise must proceed as
a modification under section 373-1.7.

(ii) Ifno modifications ofthe second phase ofthe pennit are necessary, or ifonly minor modifications are necessary andhave been made, the commissionerwill give notice ofhis or her final decision to the permit applicant and to each person who submitted written comments on the phased permit orwho requestednotice ofthe final decision ofthe secondphase ofthe permit

(iii) lfmodifications under section 373-1.7(b) ofthis Subpart are necessary, the second phase ofthe permit shall become effective only after those modifications have been made. (c) Research. development, anddemonstrationpermits. 0) The commissionermay issue

a research, development, and demonstration pennit for any hazardous waste treatment faCility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which pennit standards for such experimental activity have not been promUlgated under Part 373 or Part 374. This permit must include terms and conditions to

assure protection ofhuman health and the environment The pennits: (1) must provide for the construction offacilities as necessary, and for operation ofthe facility for not longer than onc year unless renewed as proVided in paragraph (4) of this subdivision:

(ii) must provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the cornm.issioner deems necessary for purposes of determining the efficacy and performance capabilities ofthe technology or process and the effects ofsuch technology or process on human health and the environment; and

(iii) must include such requirements as the commissioner deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring. operation, financial responsibility, closure, and remedial action), and such

10-31-98 6177 Conservation

### § 

### 373-1.9 TITLE 6 ENVIRON1\1ENTAL CONSERVATION

requirements as the commissioner deems necessary regarding testing and providing of infonnation to the commissioner with respect to the operation ofthe facility. (2) For the purpose of expediting review and issuance ofpennits under this section, the commissioner may, consistent with the protection of human health and the environment, modify or waive pennit application and permitissuance requirements in this Subpart andParts 621 and 624 of this Title except that there may be no modification or waiver ofregulations regarding financial responsibility (including insurance) or of procedures regarding public participation.

(3) The commissioner may order an immediate tennination ofall operations at the facility at any time the commissioner detennines that termination is necessary to protect human health and the environment, provided that nothing in this Part shall preclude or affect the commissioner's authority to issue summary abatement orders under section 71-0301 of the Environmental Conservation Law, or [0 take emergency actions summarily suspending a permit under subdivision 3 ofsection 401 ofthe State Administrative Procedure Act.

(4) Permits issued underthis subdivision may be renewed not more than three times. Each renewal period will not exceed one year. (d) 

### Pennitsfor boilers and industrialfurnaces burning hazardous waste. (1) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards ofsection 374-1.8[dl ofthisTitle) are subjectto paragraphs (2) through (6) of this subdivision. Boilers and industrial furnaces operating under the interim status standards ofsection**374~** 1.8(d) ofthis Title are subject to paragraph (7) ofthis subdivision.

(2) Pennit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

< (i) Pretrial burn period. For the period beginning with initial introduction ofhazardous waste and ending with initiation ofthe triaJ burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the commissioner must establish permit conditions for the pretriaJ burn period, includingbut notlimited to, allowable hazardous waste feed rates and operating conditions. The commissioner may extend the duration ofthis operational period once, for up to 720 additional hours, at the request ofthe applicant when good cause is shown. The permit may be modified to reflect the extension according to section**373~** 1.7 ofthis Subpart. (a) Applicants must SUbmit a statement, with the Part 373 permit application, that proposes conditions necessary to operate in compliance with the standards of section 374-1.8(e) through (h) ofthis Title during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in section 374-1.8(c)(5) ofthis Subpart.

(b) The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet theperformance standards ofsection 374-1.8(e) through(h) ofthis Title based on his/her engineeringjudgment. (ii) Trial bum period. Forthe duration ofthe triaJ burn, the commissionermustestablish conditions in the permit for the purposes ofdetennining feasibility ofcompliance with the performance standards of section 374-1.8(e) through (h) of this Title, and determining adequate operating conditions under section**374~1.8(e)** through (h) ofthis Title, and**deter~** mining adequate operating conditions under section 374-1.8(c)(5) of this Title. Applicants must propose a trial burn plan, prepared under paragraph (3) of this subdivision, to be submitted with the Part 373 permit application.

(iii) Post-trial burn period.

(a) For the period immediately following completion ofthe trial bum, and only for the minimum period sufficient to allow sample anaJysis. data computation, and submission of the tria] burn results by the applicant, and review ofthe trial bum results and

6178 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-1.9

type ofboileror industrial furnace;
maximum design capacity in appropriate units; modification ofthe facility permit by the commissionerto reflectthe trail bumresults, the commissioner will establish the operating requirements most likely to ensure compliance with the perfonnance standards ofsection 374-1.8(c) through (h) ofthis Subpartbased on hislhcrengineeringjudgment.

(b) Applicants must submit a statement, with the Part 373 application, that identifies the conditions necessary to operate during this periodin compliance withthe performance standards ofsection 374-1.8(e) through (h) ofthis 

### Subpart This statementshouldinclude, at a minimum, restrictions on the operating requirements provided by section 374.1.8(e)(5) ofthis Subpan.

(c) The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet the performance standards of section 374-1.8(e) through (h) of this Subpart based on hislher engineeringjudgement. (iv) Final permit period. For the final period of operation, the commissioner will develop operating requirements in conformance with section**374~** 1.8(c)(5) ofthis Subpart that reflect conditions in the trial bum plan and are likely to ensure compliance with the performance standards ofsection 374-1.8(e) through (h) ofthis Subpart. Based on the trial bum results, the commissioner shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The pennitmodification shall proceed according to section 373-1.7 ofthis Subpart. (3) Requirements for trial bum plans. The trial burn plan must include the folloWing information. The commissioner, in reviewing the trial bum plan, shall evaluate the sufficiency ofthe information provided, and may require the applicant to supplement this information, if necessary, to achieve the purposes ofthis paragraph: (i) an analysis ofeachfeed stream, including hazardous waste, otherfuels, andindustrial furnace feed stocks, as fired, that includes: (a) heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total cWorine/chloride, and ash;

(b) viscosity or description ofthe physical fonn ofthe feed stream; (ii) an analysis ofeach hazardous waste, as fired, including:

(a) an identification ofany hazardous organic constituents listed in Appendix 23 of this Title, that are present inthe feed stream, exceptthatthe applicantneednot analyze for constituents listed in Appendix 23 that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 370.l(e) ofthis Title, or their equivalent;

(b) an approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by the analytical methods specified in 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 370.1(e) of this Title, or their equivalent;

(c) a description ofblending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis ofthe hazardous waste prior to blending, an analysis ofthe material with which the hazardous waste is blended, and blending ratios; (iii) a detailed engineering description ofthe boiler or industrial furnace, including:

(a) manufacturer's name and model number ofthe boiler or industrial furnace; (b) (e)

6179 Conservation

### § 

### 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) description ofthe feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;

(e) capacity ofhazardous waste feed system; 

### (f) description ofautomatic hazardous waste feed cutoffsystcrn(s); (g) description ofany airpollution control system; and (h) description ofstackgas monitoring and any pollution control monitoring systems; 

### (iv) a detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be llsed, sampling and monitoring frequency, and planned analytical procedures for sample analysis;

(v) a detailedtest schedule for each hazardous waste for which the trial burn is planned, including daters), duration, quantity of hazardous waste to be burned, and other factors relevant to the commissioner's decision under subparagraph (2)(i0 ofthis subdivision;

(vi) adetailed testprotocol, including, for each hazardous wasteidentified, theranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any otherrelevant parameters thatmay affectthe ability ofthe boiler

or industrial furnace to meet the performance standards in section 374-1.8(e) through (h) of this Subpart;

(vii) a description of, and planned operating conditions for, any emission control equipment that will be used;

(viii) procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event ofan equipment malfunction;

(ix) such other information as the commissioner reasonably finds necessary to determine whetherto approve the trial bum plan in light ofthe purposes ofthis paragraph and the criteria in SUbparagraph (2)Oi) ofthis subdivision. (4) Trial bum procedures.

0) A trial bum must be conducted to demonstrate conformance with the standards of section 374-1.8(e) through (h) ofthis Subpart under an approved trial burn plan.

(ii) The commissioner shall approve a trial burn plan ifhe/she finds that:

(a) the trial burn is likely to determine whether the boiler or industrial furnace can meet the perfonnance standards ofsection 374-1.8(e) through (h) ofthis Subpart;

(b) the trial burn itselfwill not present an imminent hazard to human health and the environment;

(c) the trial bum will help the commissioner to determine operating requirements to be specified under section 374-L8(c)(5) ofthis Title; and (d) the infonnation sought in the trial bum cannot reasonably be developed through other means. (iii) Thecommissionermust send a notice to all persons on the facility mailing list as set forth in section 621.6 ofthis Title and to the appropriate units oflocal government as set forth in section 621.6 ofthis Title announcing the scheduledconunencement and completion dates for the trial burn. The applicant may not commence the trial bum until after the commissioner has issued such notice. (a) This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control ofthe facility or the pennitting agency.

(b) This notice must contain:

(1) the name and telephone numberofapplicant's contact person; (2) the name and telephone number ofthe pennitting agency contact office; (3) the location where the approved trial burn plan and anysupponing documents

can be reviewed and copied; and

6180 ConservationCHAPTER IV QUALITY SERVICES 

### § 

### 373-1.9

(4) an expected time period for commencement and completion ofthe trial bum. (iv) The applicant must submit to the commissionera certification that the trial burn has been carried outin accordance with the approved trial bum plan, and must submit the results ofall the determinations required in paragraph (3) ofthis subdivision. This submission shall be made within 90 days of completion of the trial burn, or later 

### if approved 

### by the 

### commissioner.

(v) 

### All data collected during any trial bum must be submitted to the commissioner 

### following completion ofthe 

### trial bum. 

### (vi) All submissions required by this paragraph must be certified on behalf of the applicant 

### by the signature of a person authorized to sign a permit application or a report under section 373-I.4(a)(5) ofthis Subpart. (5) Special procedures for DRE trial bums. When a DRE trial bum is required under section 374-1.8(e)(1) ofthis Subpart, the commissioner will specify (based on the hazardous waste analysis data and other information in the trial bum plan) as trial principal organic hazardous constituents (POHC's) those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the commissioner based on infoooation including an estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations Or mass in the hazardous waste feed, and, 

### for hazardous waste containing or derived from wastes listed in section 371.4 ofthis Title, the hazardous waste organic constituent(s) identified in Appendix 

### 22, infra, as the basis for listing.

(6) Determinations based on trial bum. During each approved trial burn (or as soon after the burn as is practicable). the applicant must make the following determinations: (i) a quantitative analysis of the levels of antimony, arsenic, barium, beryllium. cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels. and industrial furnace feedstocks);

(ii) when a ORE trial bum is required under section 374-1.8(e)(I) ofthis Title:

(a) a quantitative analysis ofthe trial POHC's in the hazardous waste feed; (b) aquantitative analysis ofthe stackgas forthe concentration and mass emissions of the trial POHC"s; and

(c) a computation of destruction and removal efficiency (ORE), in accordance with the DRE formula specified in section 374-1.8(e)(I) ofthis Title; (iii) when a trial bum for chlorinated dioxins and furans is required under section 374-1.8(e)(5) of this Subpart, a quantitative analysis ofthe stack gas for the concentration and mass emissionrate ofthe 2.3,7**,8~chlorinated** tetra-octacogeners ofchlorinateddibenzop-dioxins and furans, and a computation showing conformance with the emission standard; (iv) when atrial burn for particulate matter, metals, or HCI/Cl2 is requiredunder section 374-1.8(f), (g)(3). (4), (h)(2)(ii) or (h)(3) ofthis Subpart, a quantitative analysis ofthe stack gas for the concentrations and mass emissions of particulate maUer, metals. or hydrogen chloride (Hcl) and chlorine (CI2), and computations showing conformance with the applicable emission performance standards;

(v) when a trial burn for DRE, metals, or HClICl2 is required under section 374-1.8(e)(1). (g)(3) or (4), (h)(2)(ii) Or (h)(3) ofthis Subpart, a quantitative analysis ofthe scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate ofthe trial POHC's, metals, and chlorine/chloride;

(vi) an identification ofsources offugitive emissions and their means ofcontrol; (vii) acontinuous measurement ofcarbon monoxide (CO), oxygen, and where required, hydrocarbons (HC). in the stack gas; and

(viii) such other information as the commissioner may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in section

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### § 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVAnON



### 374-1.8(e) through (h) of this Title and to establish the operating conditions required by section 374-L8(c)(S) ofthis Title as necessary to meet those performance standards. (7) Interim status boilers and industrial furnaces. Forthe purpose ofdetermining feasibility 

### ofcompliance with the performance standards ofsection**374~** 

### I.S(e) through (h) ofthis Title and of determining adequate operating conditions under section 374-1.8(d) of this Title. applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards ofsection 374-1.8(d) ofthis Title must eitherprepare and submita trial burn plan and perform a trial bum in accordance with the requirements ofthis subdivision or submit otherinformation as specifiedin section 373-l.5(i)(1 )(vi) ofthis Subpart. The commissioner must announce an intention to approve the trial bum plan in accordance with the timing and distribution requirements of subparagraph (4)(iiO ofthis subdivision. The contents ofthe notice must include: the name and telephone number of a contact person at the facility; the

name and telephone numberofa contactoffice at the permitting agency; the location where the trial bum plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial bum would be conducted. Applicants who submit a trial bum, plan and receive approval before submission of the Part 373 permit application must complete the trial bum and submit the results specified in paragraph (6) of this subdivision with the Part 373 permit application. Ifcompletion of this process conflicts withthe date setfor submission ofthe Part373 application, the applicant must contact the commissioner to establish alaterdate for submission ofthe Part 373 application or the trial bum results. 

### If the applicant submits a trial burn plan with the Part 373 permit application, the trial burn must be conducted and the results submitted within a time period priorto pennit issuance to be specified by the commissioner. (e) 

### Remedial action plans (RAPs). Remedial action plans (RAPs) are special forms of permits that are regulated under section 373-1.11 ofthis Subpart.

Historical Note Sec. filed May 14, 1985; amds. filed: May 2.1986; Dec. 2,1991; Nov. 15, 1994; Sept. 29, 1998; Jan. 14,2002 efr. 60 days afterfiling. Added (e). 

### § 373-1.10 Expanded public participation.

(a) 

### Pre·applicatiollpublicmeetingandnotice. (1) Applicability. Therequirements ofthis subdivision shall apply to all Part 373 permit applications seeking initial permits for hazardous waste management units. The requirements of this subdivision shall also apply to Part 373 permit applications seeking renewal ofpermits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this subdivision, a 

### significant change is any change that would qualify as a major pennit modification under section 373-1.7(d) ofthis Subpart or would substantially alterthe facility orits operation. The requirements ofthis subdivision do not apply to pennit modifications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action ata facility. orto applications that are submitted for the sole purpose ofconducting postclosure activities or post-closure activities and corrective action at a facility.

(2) Definitions. (i) 

### Facilitymailing list means the mailing list for a facility maintained by the department in accordance with section 621.6 ofthis Title. (3) Priorto the submission ofaPart373 permit applicationfor afacility, the applicant must hold at least one meeting: with the public in order to solicit questions from the community and inform the community ofproposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their

names and addresses.

(4) The applicant shall submit a summary ofthe meeting, along with the list ofattendees and their addresses developed under paragraph (3) of this subdivision, and copies of any written comments or materials submitted at the meeting, to the department as a part ofthe Part 373 application. in accordance with section 373-1.5(a)(2) ofthis SUbpart.

6182 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 373-1.10

(5) The applicantmustprovidepublic notice ofthepre-application meeting atleast 30days priorto the meeting. The applicant must maintain and provide to the department upon request, documentation ofthe notice. (i) The applicant shall provide public notice in all ofthe following forms:

(a) 

### A 

### newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subparagraph (ij) ofthis paragraph, in a newspaperofgeneral circulation in the county or equivalentjurisdiction that hosts the proposed location ofthe facility. In addition. the commissioner shall instructthe applicant to publish the noticeinnewspapers ofgeneral circulation in adjacent counties or equivalentjurisdictions. where the commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

(b) Avisible and accessible sign. The applicant shall post anotice on aclearly marked sign at or near the facility. fUlfilling the requirements in SUbparagraph (ii) of this paragraph. 

### Ifthe applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site. (c) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subparagraph (li) ofthis paragraph, at least once on at least one local radio station or television station. The applicant may employ another medium with priorapproval ofthe commissioner.

(d) A notice to the permitting agency. The applicant shall send acopy ofthe newspaper notice to the department and to the appropriate units oflocal government. in accordance with section 621.6 ofthis Title. (ii) The notices required under subparagraph (i) ofthis paragraph must include:

(a) the date, time, and location ofthe meeting; (b) a briefdescription ofthe purpose ofthe meeting; (c) abriefdescription ofthe facility andproposed operations, inclUding the address or

a map 

### (e.g., a sketched orcopied street map) ofthe facility location;

(d) a statement encouraging people to contact the facility at least 72 hours before the meeting ifthey need special access to participate in the meeting; and

(e) the name, address, and telephone number ofa contact person for the applicant. (b) 

### Public notice requirements at the application stage. (1) Applicability. The requirements ofthis subdivision shall apply to all Part 

### 373 permit applications seeking initial permits for hazardous waste managementunits. The requirements ofthis subdivision shall also apply to Part 

### 373 permit applications seeking renewal ofpermits for such units under section 

### 373-1.8 of this Subpart. The requirements ofthis subdivision do not apply to permit modifications under section 

### 373- 1,7 of this Subpart or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(2) Notification at application submittal. (i) The commissioner shall provide public notice as set forth in section 621.6 of this Title, and notice to appropriate units of local government as set forth in section 621.6 ofthis Title, that a Part 

### 373 pennit application has been submitted to the department and is available for review. (ii) The notice shall bepublished within areasonable period oftime afterthe application is received by the commissioner. The notice must include: (a) the name and telephone number ofthe applicant's contact person; (b) the name and telephone number ofthe permitting agency's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process; (c) an address to which people can write in order to be put on the facility mailing list; (d) the location where copies ofthe permit application and any supporting documents

can be viewed and copied;

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### § 373-1.10 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) abriefdescription ofthe facility and proposedoperations, including the address or

a map (e.g., a sketched or copied street map) ofthe facility location on the front page of the notice; and

(j) the date thatthe application was submitted. 

### (3) Concurrent with the notice required under paragraph (2) of this subdivision, the commissioner must place the permit application and any supporting documents in a location accessible to the public in the vicinity ofthe facility or at the department's office. (c) 

### [nfonnation repository. (l) Applicability. The requirements ofthis subdivision apply to 

### all applications seeking Part 373 pennits for hazardous waste management units.



### (2) The commissioner may assess the need, on a case·by·case basis, for an information repository. When assessing the need for an information repository. the commissioner shall consider a variety of factors, inclUding: the level ofpublic interest; the type of facility; the presence ofan existing repository; and the proximity to the nearest copy ofthe administrative record. If

### the commissionerdetermines, at any time aftersubmittal ofapermitapplication, that there is a need for a repository, then the commissioner shall notify the facility that it must establish and maintain an information repository. (See section 373-1.6(a][13) ofthis Subpart for similarprovisions relating to the informatIon repository during the life ofa permit.)

(3) The information repository shall contain all documents, reports, data, and information deemed necessary by the commissioner to fulfill the purposes for which the repository is established. The commissioner shall have the discretion to limit the contents ofthe repository.

(4) The information repository shall be located and maintained at a site chosen by the facility. Ifthe commissionerfinds the site unsuitable for the purposes and persons for which it

was established, due to problems with the location, hours of availability. access. or other relevant considerations. then the commissioner shall specify a more appropriate site.

(5) The commissioner shall specify requirements for informing the public about the information repository. At a minimum, the commissioner shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(6) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate infonnation throughout a time period specified by the commissioner. The commissionermay closethe repository athis orherdiscretion. based on the factors in paragraph (2) ofthis subdivision.

Historical Note Sec. filed Sept. 29,1998; amds. filed: Jan. 14,2002; July 5. 2005 eff. 60 days after filing. Amended (a)(I), (b)(I), (c)(I), 

### § 373-1.11 Remedial action plans (RAPs).

(a) Wh.v is this section written in a specialfonnat? This section is written in a special format to make it easier to understand the regulatory requirements. Like other State regulations, this establishes enforceable legal requirements. Forthis section, "I" and "you" referto the owner/ perator.

(b) General injomwtion. (1) 

### What is a RAP? (i) 

### A RAP is a special form ofaPart 373 permit that you, as an owner or operator, may obtain. instead ofa permit issued under this Subpart except section 373-1.3 ofthis Subpart and this section, to authorize you to treat. store. or dispose ofhazardous remediation waste (as defined in section370.2(b] ofthis Title) at aremediation waste management site. A RAP may only be issued for the area of contamination where the remediation wastes to be managed under the RAP originated. or areas in close proximity to the contaminated area, except as allowed in limited circumstances under paragraph (g)(l) ofthis section.

(ii) The requirements in this Subpart 373-1 except sections 373-1.3 ofthis SUbpart and this section do not apply to RAPs unless those requirements for traditional Part 373 permits

are specifically required under subdivisions (b) through (g) ofthis section. Thedefinitions in section 370.2 ofthis Title apply to RAPs.

6184 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 373-1.11

(iii) Notwithstanding any other provision ofthis Subpart, any document that meets the 

### requirements in this paragraph constitutes a treatment. storage or disposal facility permit under section 27-0913 ofthe Environmental ConservationLaw.

(iv) 

### A RAP may be:

(a) a stand-alonedocumentthatincludes only the information andconditions required 

### by this section: or

(b) part (orpans) ofanotherdocumentthatincludes information and/orconditions for other activities at the remediation waste management site, in addition to the information and conditions required by this section. (v) 

### Ifyou are treating, storing, ordisposing ofhazardous remediation wastes as partofa cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your obligations underthose authorities in any way.

(vi) Ifyou receive aRAP at a facility operating under interim status, the RAP does not terminate your interim status. 

### (2) When do I need aRAP?

(i) Whenever you treat, store, or dispose ofhazardous remediation wastes in a manner thatrequires aPart373 permitunder section 373-1.1 ofthis Subpart, you must eitherobtain: (a) aStatepermitaccording to this Subpartexceptsection 373-1.3 ofthis Subpartand this section; or

(b) a RAP according to this section. Oi) Treatment units that use combustion ofhazardous remediation wastes at a**remedia~** tion waste management site are not eligible for RAPs under this section.

(iii) You may obtaina RA.P for managing hazardous remediation waste at an already permitted Part 373 facility. You must have these RAPs approved as a modification to your existing pennit according to the requirements ofsection 373-1.7 ofthis Subpart instead of the requirements in this section. When you submit an application for such a modification, however. the infonnation requirements in sections 373-1.5 and**373~1.9** ofthis Subpart do not apply; instead, you must submit the information required under paragraph (c)(4) ofthis section. \Vhen your pennit is modified, the RAP becomes part ofthe State peITIlit.

(iv) Every application for modifications to a permit will be processed pursuant to Part 621 of this Title. When your pennit (including the RAP portion) is renewed, modified, revoked or suspendedorwhen itexpires, the entirepennitwill beprocessedaccording to the applicablerequirements inPart 621 ofthis Title. Atthattime, the applicablerequirements of subdivision (e) ofthis section also apply to the RAP portion ofthe permit. (3) Does my RAP grantme any rights orrelieve me ofany obligations? Compliancewith a RAP issued pursuant to this section during its term constitutes compliance, for purposes of enforcement, except as described in section 373-1.6(e) ofthis Subpart. (e) 

### Applyingfor a RAP. (1) How do I apply for a 

### RAP? To apply for a 

### RAP, you must complete an application, sign it, and submit it to the regional permit administratoraccording to the requirements in this section.

(2) Who must obtain a RAP? When a facility or remediation waste management site is owned by one person,. but the treatment, storage or disposal activities are operated by another person, itis the operator's duty to obtain a RAP, except that the owner must also sign the RAP application.

(3) Who must signthe application and any requiredreports for a RAP? Boththe ownerand the operator must sign the RAP application and any required reports according to section 373-1.4(a)(5) of this Subpart. In the application, both the owner and the operator must also make the certificationrequiredunder section 373-1.4(a)(5)(iv)(a) ofthis Subpart. However. the

owner may choose the alternative certification under section**373~** L4(a)(5)(iv)(b) ofthis Subpart ifthe operator certifies under section 373-1.4(a)(5)(iv)(a) ofthis Subpart.

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### § 373-1.11 TITLE6 ENVIRONMENTAL CONSERVATION



### (4) What must I include in my application for a RAP? You must include the following information in your application for a RAP: (i) the name, address, andEPAidentification numberoftheremediation waste management site;

(ii) the name, address, and telephone numberofthe owner and operator; (iii) 

### the latitude and longitude ofthe site; (iv) theUnited States Geological Survey (USGS) orcounty map showingthe locationof the remediation waste management site;



### (v) a scaled drawing ofthe remediation waste managementsite showing:

(a) 

### the remediation waste management site boundaries; (b) any significant physical structures; and (c) theboundary ofall areas on-sitewhereremediation waste is tobe treated, storedor disposed; 

### (vi) a specification ofthe hazardous remediation waste to be treated, stored or disposed ofatthe facility orremediation waste management site. This must include information on: (a) 

### constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated and/or otherwise managed;

(b) 

### an estimate ofthe quantity ofthese wastes; and (c) 

### a description ofthe processes you will use to treat, store, or dispose ofthis waste includingtechnologies, handling systems, design and operatingparameters you willuseto treat hazardous remediation wastes before disposing of them according to the LDR standards ofPart 376 ofthis Title, as applicable; (vii) enough infonnation to demonstrate that operations that follow the provisions in your RAP application will ensure compliance with applicable requirements of Subparts 373-2,374-1, andPart 376 ofthis Title;

(viii) such information as may be necessary to enable the department to carry out the department's duties under other State laws as is required for traditional Part 373 permits under Part 621 ofthis Title; and

Ox) any otherinfoffilation the department decides is necessary for demonstrating compliance with this Subpart or for detennining any additional RAP conditions that are necessary to protecthuman health and the environment. (5) WhatifI wantto keep this infonnationconfidential? Section 616.7 ofthis Title allows you to claim as confidential any or all ofthe infonnation you submit to the department under this section. You must assert any such claim at the time that you submit your RAP application

or other submissions by stamping the words "confidential business information" on each page containing such information. Ifyou do assert a claim at the time you submit the information, the departmentwilltreat the infonnation according to theproceduresinPart 616 ofthis Title. If you do not assert aclaim at the time you submit the information, the departmentmay make the information available to the public without further notice to you. The department willdeny any requests for confidentiality ofyour name and/or address.

(6) To whom mustI submit my RAP application? You mustsubmit your application for a RAP to the regional permit administrator for approvaL

(7) 

### IfI submit my RAP application as part of another document, what must I do? Ifyou submit yourapplication for aRAP as apartofanotherdocument, you must clearly identify the components ofthat document thatconstitute your RAP application. (d) 

### Getting a RAP approved. (I) 

### What is the process for approving or denying my application for aRAP? (0 If the department tentatively finds that your RAP application includes all of the information required by paragraph (c)(4) ofthis section and that your proposed remediation waste management activities meet the regulatory standards, the department will make a

6186 ConservationCHAPTERIV QUALITY SERVICES 

### § 373-1.11

tentative decisionto approve yourRAP application. The department

### will then prepare adraft RAP and provide an opportunityforpublic comment before making afinal decision on your RAP application, according to this section.

(ii) Ifthe departmenttentatively finds that yourRAP application does not include all of the infonnation required 

### by paragraph (c)(4) ofthis section or that your proposed remediation waste management activities do not meet the regulatory standards, the department may request additional infonnation from you or ask you to correct deficiencies in your application.Ifyou fail orrefuse to provide any additionalinformationthe departmentrequests, orto 

### correct any deficiencies in your RAP application, the department may make a tentative decision to deny your RAP application. Aftermaking this tentative decision, the department will prepare a notice ofintent to deny your RAP application (notice ofintent to deny) and provide an opportunity for public comment before making a final decision on your RAP application. according to therequirements inthis section. The departmentmay deny the RAP application either in its entirety orinpart

(iii) The processes outlined in this subdivision are consistent with and are to be read in conjunction with Part 621 ofthis Title. (2) What must the department include in a draft RAP? 

### Ifthe department prepares a draft RAP. it mustinclude the: (i) infonnation required in subparagraphs (c)(4)(i) through (vi) ofthis section; (ii) the following terms and conditions:

(a) terms andconditions necessary to ensurethatthe operatingrequirements specified in yourRAP comply with applicable requirements ofSubparts 373-2, 374-1, and Part 376 ofthis Title (including any recordkeeping and reporting requirements). In satisfying this provision, the department may incorporate, expressly orby reference, applicable requirements ofSubparts 373-2, 374-1, and Part 376 ofthis Title into the RAP orestablish sitespecific conditions as tequired or allowed by Subparts 373-2, 374-1, and Part 376 ofthis Title;

(b) terms and conditions in section**373~1.6(a)** ofthis SUbpart; (c) terms and conditions for modifying, revoking, suspending, and renewing your RAP, as provided in para.:,oraph (e)(l) ofthis section; and

(d) any additional terms orconditions thatthe departmentdetermines are necessary to protect human health and the environment, including any terms and conditions necessary to respond to spills and leaks during use ofany units permitted underthe RAP; and (iii) ifthe draft RAPis part ofanother document, as described in clause (b)(l)(iv)(b) of this section, the department must clearly identify the components of that document that constitute the draftRAP. (3) "Whatelse must the department prepare in addition to the draft RAP or notice ofintent to deny? Once the department has prepared the draft RAP or notice of intent to deny, the departmentmustthen: (i) prepare a statementofbasis that briefly describes the derivation ofthe conditions of the draft RAP and the reasons for them, Orthe rationale for the notice ofintent to deny;

(ii) compile an administrative record, including:

(a) the RAP application, and any supporting datafurnished by the applicant; (b) the draft RAP or notice ofintent to deny; (c) the statementofbasis and all documents citedtherein (materialreadily available at the issuing office or published material that is generally available need not be physically includedwith therest ofthe record, as long as itis specifically referred to in the statement ofbasis); and (d) any other documents that support the decision to approve or deny the RAP; and (iii) makeinformation contained in the administrativerecord available for review by the public upon request.

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### § 373-1.11 TITLE 6 ENVIRONMENTAL CONSERVATION

(4) \¥hat are the procedures for public comment on the draft RAP or notice of intent to deny? (i) Consistent with the requirements of Part 621 of this Title, the following must be done:(a) the departmentmust sendnoticeto you ofthe department's intentionto approve or

deny your RAP application, and send you a copy ofthe statement ofbasis;

(b) you must publish a notice ofthe department's intention to approve or deny your RAP application in amajor local newspaperofgeneral circulation;

(c) you must broadcast the department's intention to approve or deny your RAP application over a local radio station;

(d) the department shall send a notice of the department's intention to approve or deny your RAP application-to each unit oflocal government havingjurisdiction over the

area in which your site is located, and to each State agency having any authority under State law with respectto any construction or operations at the site and to individuals who have requested to be notified ofcompleteness for your application or for 

### all RAPS. The department shall also publishnotice ofcomplete application in the Environmental Notice Bulletin, pursuant to Part 621 ofthis Title; and

(e) the department may provide or require you to provide other reasonable public notice ofcomplete application and opportunity for public comment, pursuant to Part 621 ofthis Title. (ii) The notice required by subparagraph (i) of this paragraph must provide at least 45 days from the date of publication for the submittal of written public comment to the department

(iii) The notice required by subparagraph (i) ofthis paragraph must include:

(a) the name and address ofthe office processing the RAP application; (b) the name and address ofthe RAP applicant, andifdifferent, theremediation waste management site or activity the RAP will regulate;

(c) a briefdescription ofthe activity the RAP will regulate; (d) the name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft RAP or notice of intent to deny, statement ofbasis, and the RAP application; (e) a briefdescription of the comment procedures in this subdivision, and any other procedures by which the public may participate in the RAP decision; (j) if a legislative hearing is scheduled, the date, time, location and purpose of the legislative hearing; (g) if a legislative hearing is not scheduled, a statement ofprocedures to request a legislative hearing;

(h) the location ofthe administrativerecord, andtimes when itwillbe open forpublic inspection; and

(0 any additional information the department considers necessary or proper. (iv) 

### If, within the comment period, the department receives written notice ofopposition to the department's intention to approve or deny your RAP application and a request for a hearing, the department must, in accordance with Part 621 of this Title, hold a legislative hearing in accordance with the process as set forth in Part 624 of this Title to receive

unsworn statements relating to the approval or denial ofyour RAP application. The**depart~** ment may also determine on the department's own initiative that a legislative hearing is appropriate. The legislative hearing must include an opportunity for any person to present written ororal comments. Wheneverpossible, the department must schedule this legislative hearing at a location convenient to the nearest population center to the remediation waste management site and give notice according to the requirements in subparagraph (i) of this

6188 ConservationCHAPTERIV QUALITY SERVICES 

### § 373-1.11

paragraph. This notice must, at a minimum, include the information required 

### by subparagraph (iii) ofthis paragraph and: (a) reference to the date ofany previous public notices relating to the RAP application;

(b) the date, time andplace ofthe hearing; and (c) abriefdescription ofthe nature andpurpose ofthehearing, including the applicable rules and procedures. (v) The determination to hold an adjudicatory pUblic hearing will be made pursuant to Part 621 ofthis Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (i) of this paragraph. This notice must, at a minimum, include the informationrequired by subparagraph (iii) ofthis paragraph. (5) How will the department make a final decision on my RAP application? (i) The departmentmustconsider andrespond to any significantcomments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, 

### as appropriate.

(ii) Ifthe department determines that your RAP includes the information and terms and conditions requiredinparagraph (2) ofthis subdivision, thenthe departmentwillissue afinal decision approving your 

### RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.

(iii) If the department detennines that your RAP does not include the information required in paragraph (2) ofthis subdivision, then the deparnnent will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP applicationhas been denied.

(iv) If the department's final decision is that the tentative decision to deny the RAP application was incorrect, the deparnnent will withdraw the notice of intent to deny and proceed to prepare a draftRAP, according to the requirements in this section.

(v) When the department issues its final RAP decision, it shall include notice ofopportunity and procedures for requesting an adjudicatory hearing pursuant to Part 621 ofthis Title ifan adjudicatory hearing has not been held. If an adjudicatory hearing is held, public notice for an adjudicatory hearing must be given according to the requirements in SUbparagraph (4)(i) of this subdivision. This notice must, at a minimum, include the information requiredby subparagraph (4)(iii) ofthis subdivision. The final decision on the RAP application will be made pursuant to and using the procedures ofPart 624 ofthis Title.

(vi) Before issuing the final RAP decision, the department mustcompile an administrative record. Material readily available at the issuing office or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement ofbasis orthe response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see subparagraph [3][ii] ofthis suhdivision) and: (a) all comments received during the public comment period; (b) tapes or transcripts ofany hearings; (c) any written materials submitted at these hearings; (d) the responses to comments; (e) any new material placed in the record since the draft RAP was issued: (j) any other documents supporting the RAP; and (g) acopy ofthe final RAP. (vii) The department must make information contained in the administrative record available for review by the public upon request.

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### §373-1.11 TITLE6 ENVIRONMENTAL CONSERVATION



### (6) May the decision to approve or deny my RAP application be administratively appealed? 

### (1) If an 

### adjudicatory hearing has been held, the decision on your RAP application is final. If an adjudicatory hearing has not been held, you can request an adjudicatory hearing after the department's decision to approve or deny your RAP application, pursuant to Part 621 

### ofthis Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (4)(i) of this subdivision. TIris notice must, at a minimum, include the infonnationrequired

### by subparagraph (4)(iii) ofthis subdivision. Theprocess for adjudicatory hearings for RAPs is set forth in Part 624 ofthis Title.

(ii) 

### Once the decision on your RAP application is final, you or aninterested party 

### could seekjudicial review ofthe department's actions, pursuant to article 78 ofCivil Practice Law and Rules (CPLR). 

### (7) When does my RAP become effective? YourRAP becomes effective 30 days after the department notifies you and all 

### commenters that your RAP is approved unless the department specifies a latereffective date in the decision.

(8) When may Ibegin physical construction ofnew units pennitted under the RAP? You mustnotbeginphysicalconstruction ofnew units pennittedundertheRAPfor treating, storing

or disposing ofhazardous remediation waste before receiving a finally effective RAP. (e) How maymyRAPbe renewed, modified. revoked, orsuspended? (1) 

### Aftermy RAPis issued, how may itbe renewed, modified, revoked or suspended? (i) Theprocedures forrenewing, modifying, revoking, orsuspending aRAP are setforth in Part 621 ofthis Title.

(ii) 

### Any interested party may request that the remedial action plan pennit be modified, revoked. or suspended at any time at the request of the interested party, including the applicant, oruponthe initiativeofthe department, on any ofthe grounds set forth inPart621 ofthis Title.

(iii) 

### In addition to subparagraph (ii) ofthis paragraph, the departmentmay modify your final RAP ifone ormore ofthe following exist: (a) 

### you made material and substantial alterations or additions to the activity that justify applying different conditions: (b) 

### the department finds new information that was not available at the time ofRAP issuance and would have justified applying different RAP conditions at the time of issuance;

(c) 

### the standards orregulations onwhichtheRAP was basedhavechangedbecauseof

new or amended statues, standards orregulations, or byjudicial decision after the RAP

was issued;

(d) 

### if your RAP includes any schedules of compliance, the department may find

reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as owner/operator have little or no control and for which there is no reasonably available remedy;

(e) 

### you are not in compliance with the conditions ofyourRAP; (j) 

### you failed in the application or during the RAP issuance process to disclose fully all relevant facts, oryou misrepresented any relevant facts at the time;

(g) 

### the deparnnent has detennined that the activity authorized by your RAP endangers human health orthe environment and can only be remedied by modifying; or

(h) 

### you have notified the department (as required in the RAP under section 373-l.?[a][I] ofthis Subpart) ofaproposed transfer ofa RAP. 

### (iv) In addition to subparagraph (ii) of this paragraph, the department may revoke or suspend your final RAP ifone or more ofthe reasons listed in clauses (iii)(e) through (h) 

### of this paragraph exist.

6188.2 Conservation 02-15-2004CHAPTER IV QUALITY SERVICES 

### § 373-1.11

(v) Notwithstanding any otherprovisioninthis paragraph. whenthe departmentreviews

a RAP for a land disposal facility under paragraph (3) ofthis subdivision, the department may modify the pennit as necessary to assure that the facility continues to comply with the currently applicablerequirements in Parts 370 through 374, 376 and 621 ofthis Title.

(vi) The departmentwill not reevaluate the suitability ofthe facility location at the time of RAP modification unless new infonnation or standards indicate that a threat to human health orthe environmentexists that was unknown when the RAP was issued.

(vii) 

### Ifyou wish to renew your existing RAP, you must submit a complete application 

### for penni! renewal at least 180 days before the expiration date of the existing RAP as requiredby Part 621 ofthis Title. (2) May the decisionto approve ordeny amodification, revocation, suspension, orrenewal ofmy RAP be administratively appealed? (i) Paragraph (d)(6) of this section applies to modification, revocation, suspension. or renewal ofyourRAP. Theprocess to request an adjudicatory hearing is providedin Part621 of this. Title. Public notice for an adjudicatory hearing must be given according to the requirements in sUbparagraph (d)(4)(i) of this section. This notice must, at a minimum, include the information required by subparagraph (d)(4)(iii) ofthis section. The process for adjudicatory hearings for RAPs is set forth in Part 624 ofthis Title.

(ii) Once the decision on your RAP application is final, you or an interestedparty could seekjudicial review ofthe department's action pursuant to article 78 ofCivil Practice Law and Rules (CPLR). (3) When will my RAP expire? RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the department in fixed increments of

no more than 10 years. In addition, the department must review any RAP for hazardous waste land disposal five years after-the date ofissuance orreissuance andyou orthe departmentmust follow the requirements for modifying your RAP as necessary to assure that you continue to comply withcurrently applicable requirements in ReRA sections 3004 and 3005.

(4) What happens ifI have applied correctly for a RAPrenewal and met timely submittal requirements but have not received approval by the time myoid RAP expires? If you have submitted a timely and complete application for a RAP renewal pursuant to Part 621 of this Title, butthe department, wough no fault ofyours, has notissued anew RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date ofyour new RAP orRAP denial. (f) 

### Operating underyourRAP. (I) What records must I maintain concerning my RAP? You are requiredto keep records of: (i) all data used to complete RAP applications and any supplemental information that you submit for aperiod ofat least three years from the date the application is signed; and

(ii) any operating andlor other records the department requires you to maintain as a conditionofyour RAP. (2) How are time periods in the requirements in this Subpart andmy RAPcomputed?

(i) Any time period scheduled to begin on the occurrence ofan act or event must begin

on the day afterthe act or event

(ij) Any timeperiod scheduled to begin before the occurrence ofan actoreventmustbe computed so that the period ends on the day before the actor event

(iii) If the final day of any time period falls on a weekend or legal holiday. the time period must be extended to the next working day.

(iv) Whenever a party·or interested person has the right to or is required to act within a prescribedperiodafterthe service ofnotice orotherpaperupon the party orinterestedperson by maiL three days must be added to the prescribed term. (3) How may I transfer my RAP to a new owner or operator?

02-15-2004 6I88.3 Conservation

### §373-1.11 TITLE6 ENVIRONMENTALCONSERVATlON

(i) 

### If you wish to transfer your RAP to a new owner or operator, you must follow the requirements specified in section 373-1.7(a) of this Subpart, and incorporate any other necessary requirements. These modifications do not constitute significant modifications for purposes ofparagraph (e)(1) ofthis section. The new owner/operator must submit arevised RAP application no later than 180 days before the scheduled change along with a written agreementcontaining a specific date for transferofRAPresponsibilitybetween you and the

new permittees.

(ii) When a transferofownership oroperational control occurs, you as the old owneror 

### operator must comply with 

### the applicable requirements in section**373~2.8** 

### (Financial**re~** quirements) ofthis Partuntilthenew owneroroperatorhas demonstratedthatthe new owner

or operator is complying with the requirements in that section. The new owner or operator must demonstrate compliancewith section 373-2.8 ofthis Partwithin six months ofthe date of the change in ownership or operational control of the facility or remediation waste management site, When the new owner/operator demonstrates compliance with section 373-2.8 ofthis Partto the department, the departmentwill notify you thatyou no longerneed to comply with section 373-2.8 ofthis Part as ofthe date ofdemonstration, (g) 

### Obtaining a RAPfor an off-site location. (I) May I perfonn remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated? (i) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated areaor areas in close proximity.

(ii) 

### If the deparnnent determines that an alternative location, removed from the area wheretheremediation waste originated, is moreprotectivethan managing remediation waste at the area ofcontamination or areas in close proximity, then the department may approve a RAP for this alternative location.

(iii) You must request the RAP, and the department will approve or deny the RAP, according to the procedures andrequirements in this section and Part 621 ofthis Title.

(iv) A RAPfor an alternativelocationmust also meetthe following requirements, which the department must include in the RAP for such locations: (a) the RA.P for the alternative location must be issued to the person responsible for the cleanup from which theremediation wastes originated;

(b) the RAP is subject to the expanded public participation requirements in section 373-1.l0(a), (b), and (c) ofthis Subpart;

(c) the RA.P is subjectto the public notice requirements in Part 621 ofthis Title, (v) These alternative locations are remediation waste management sites, and retain the following benefits ofremediation.waste management sites; (a) exclusion from facility-wide corrective action under section 373-2.6(1) of this Part; and

(b) application of section 373-2.I(a)(9) of this Part in lieu of sections 373-22, 373-2.3, and 373-2,4 ofthis Part.

Historical Note

Sec. filed Jan. 14.2002; arnd. filed Feb. 10,2004 eff. 60 days afterfiling. Amended (c)(4), (d)(4)-(7), (e)(1)-(2). (4), (g)(l),

6188.4 Conservation**02-15~2oo4**