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 of Ha7.ardous Waste Treatment,

Storage and Disposal Facilities

Subpart 373-3 Interim Status Standards for Owners and Operators of Hazardous Waste Facilities

Subpart 373-4 Facility Standards for the Collection of Household 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 of permit applications

Permit conditions

Permit modifications

Expiration and continuation of permits

Special fonns of permits

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 of this Part is to regulate hazardous waste management facilities

located partially or wholly within the State.

(b) Applicability. (1) This Part regulates the treatment, storage and disposal of hazardous

waste. Permit requirements and construction and operation standards are set forth herein. The

requirements of this Part are applicable to owners and operators of hazardous waste treatment,

storage and disposal facilities.

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

Part 360 Solid Waste Management Facilities.

Part 361 Siting of Industrial Hazardous Waste Facilities.

Part 364 Waste Transporter Penuits.

Part 370 Hazardous Waste Management System-General.

Part 371 Identification and Listing of Hazardous Wastes.

Part 372 Hazardous Waste Manifest System and Related Standards for Generators. Transporters and Facilities.

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§ 373-1.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

Part 374 Standards for the Management of Specific Hazardous Wastes and Specific Types

of Hazardous Waste Management Facilities,

Part 376 Land Disposal Restrictions.

Part 380 Prevention and Control of Environmental Pollution by Radioactive Materials.

(3) The following are regulations in this Title of general applicability which affect the

processing of permits 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] of this Title)

handling the wastes listed below are subject to regulation under Subpart 374-3 of this Title:

(i) batteries as described in section 374-3.1(b) of this Title;

(ii) pesticides as described in section 374-3.1 (c) of this Title;

(iii) thermostats as described in section 374-3.1 (d) of this Title; and

(iv) lamps as described in section 374-3.1(e) of this Title.

(c) Safeguarding information. Any requests for the release of information in the custody of

the department related to this Part shall be handled according to the provisions of Part 616 of this

Title, Access to Records of the DEC, and as discussed in section 370.l(b) of this Title.

(d) Exemptions. The owners or operators of the following facilities or portions of facilities

are exempt from this Part only 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 of this Part if the 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 of this

Title.

(l) Facilities and operations that conduct the 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 a total of 100 kilograms of hazardous waste per calendar 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 of hazardous waste sp~cified below:

(1) a total of one kilogram of acute 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 of a spill. into or on any land or water. of any acute

hazardous wasle lisled in section 37 L4(b), (c) and (d)(5) of Ihis Title;

(ii) The disposal of waste pesticides by the farmer who generated them. These wastes

must be handled in accordance with the requirements of section 372.l(e)(3) of this Title.

(iii) The storage in containers or tanks of hazardous waste that is generated onsite. for a

period not exceeding 90 days, other than the storage of liquid hazardous wastes in the

Counties of Kings, Nassau, Queens and Suffolk. or over the SchenectadyfNiskayuna Aquifer

System in Schenectady, Saratoga and Albany Counties and the Clinton Street - Ball Park

Valley Aquifer System in Broome and Tioga Counties. The requirements of this SUbparagraph do not apply to small-quantity generators. Storage areas that are exempt must comply

with the following requirements:

(a) For storage of liquid hazardous waste in containers. the total amount of hazardous

waste stored in containers in exempt storage areas at one time is 8,800 gallons or less.

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Waste stored in areas exempted by subparagraphs (vi) and (xiv) of this paragraph and

characteristic hazardous wastes stored prior to recycling is excluded from this volume. If

the amount of liquid hazardous waste stored in containers in these areas exceeds 8,800

gallons, the entire volume ofliquid hazardous waste must be stored within an area meeting

the secondary containment requirements of section 373-2.9(f)(1) of this Part.

(c) The following requirements are met:

(1) the waste is placed:

(i) in containers and the generator complies with sections 373-3.9. and 373-3.27

through 373-3.29 of this 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) of this Part; and/or

(iii) in addition, such a generator is exempt from the requirements in sections

373-3.7 and 373-3.8 of this Part. except for section 373-3.7(b) and (e) of this 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) each container is properly labeled and marked according to section 372.2(a)(5)-

(6) of this Title;

(5) the generator complies with the requirements for personnel training in section

373-3.2 of this 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) of this

Title; and

'(8) [Re68R'sJ.;j ,

(at) (Re8el , eat)

(e) An extension of the 90-day period may be granted by the commissioner if hazardous 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 of the commissioner on a case-by-case basis.

(iv) The storage in containers or tanks of liquid hazardous waste that is generated onsite

in the Counties of Kings, Nassau. Queens. and Suffolk, or over the 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 of 90 days or less.

The requirements of this 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 of liquid hazardous waste is stored onsite in tanks. or whenever the

total quantity ofliquid hazardous waste stored onsite in tanks. or whenever the total quantity

of liquid hazardous waste stored onsite in containers exceeds 185 gallons. (Waste stored in

areas exempted by subparagraph [vi] or [xiv] of this paragraph and characteristic hazardous

waste stored prior to recycling are excluded from this volume.) If less than 185 gallons of

liquid hazardous waste are stored in containers onsite.. the provisions of section

373-1.1 (d)(I)(iii) must be met for that waste in lieu ofthe requirements of this 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 of clause (iii)(c) of this paragraph; in

addition. the closure plan requirements of section 373-3.7(a)-(f) of this Part must be met;

(e) the facility complies with the requirements of ECL 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) of this Part; and

(2) for tanks, the secondary containment system must be designed and constructed

in accordance with the requirements of section 373-3.1O(d) of this 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) of this Part for containers, ar sectian 373-3.1O(d)(3)(iv) and (d)(5)(i)(a), (b)

and (c) of this 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) af this Pan.

(g) For a small quantity generator, the requirements ofsubclauses (j)(l) and (2) of this

subparagraph must be met at the time more than 185 gallons of liquid 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 of hazardous waste must also comply with the require~

ments of sectian 372.2(a)(8)(iii) through (v) af this 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 of this clause.

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

commences on or after the effective date of these regulations, must be in compliance

with the requirements of this clause prior to use.

(11) An extension of the 90~day period may be granted by the commissioner if

hazardous 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

discretion of the commissioner on a case-by-case basis.

(v) The onsite storage and treatment of hazardous 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 generator requirements 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 of acute hazardous wastes only if the generator generates and

stores in any calendar month such acute hazardous waste in quantities less than those listed

in clause (i)(b) of this paragraph.

(vi) The storage and recycling of the recyclable materials identified in section

371.1 (g)(l )(iii) and (iv) af this Title.

(vii) The storage of the recyclable materials' listed in section 371.1 (g)(i)(ii) of this Title

provided that Subpart 374-1 of this Title is complied with. (Note: Subpart 374~1 will require

that the facility also complies with selected sections of this Part.)

(viii) The recycling of hazardous wastes, provided in section 373-2.2(c) (identification

number), 373~2.5(b) or 373-3.5(b) (manifest requirements) of this Part and clause (d) of this

subparagraph are complied with. (The storage of hazardous waste prior to recycling is not

exempt under this subparagraph.) In addition:

(a) this exemption is available to:

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CHAPTER IV QUALITY SERVICES § 373-1.1

s are removed from the site within 30 days of the end of the

(]) commercial facilities that reclaim precious metals, as defined in section 374-1.6

of this Title; and

(2) mobile or transportable commercial facilities which operate on the generator's

site, if a containment area, which meets the requirements of section 373-2.9(1) of this

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, that burn hazardous wastes for energy recovery;

(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 of facilities 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 of this Part.

(ix) The on-site treatment of hazardous 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) of this paragraph and with the

requirements of section 372.2(c)(4) of this Title. Any treatment or placement of hazardous

waste in a manner that constitutes land disposal, as defined in section 370.2(b) of this Title,

does not qualify for this exemption.

treating liquid PCB's and PCB contaminated dielectric oils both from electrical equipm

provided that the following conditions are met:

(a) the unit has an appropriate authorization under the 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

treatment unit is provided with physical barriers to limit access by nauthorized persons

and with posted signs reading "Danger PCB work" and "Autho' d Personnel Only;"

(c) an impervious secondary containment system such a synthetic liner is spread

over the area on 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 of PCB waste is

complete, this liner must be decontaminated and! disposed of as hazardous waste;

(d) (1) all containers of PCB treatment stes generated in the treatment ofPCB oil

are stored on impervious surfaces with ontainment system of sufficient capacity to

contain 20 percent of the volume of c tainers stored;

(2) on-site storage of all 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 of these

treatment;

(e) the unit's ner has available at all times in the mobile unit a written contingency

plan meeting t requirements of sectiort 373-3.4 of this Part;

if) 30 ys before beginning the PCB oil treatment at a site, the unit's owner must

notify t local emergency response agencies and the New York Department of Environmen Conservation Regional Offices (A1TN: Regional Engineer) of the intended PCB

ment at the site with the information on the site, expected duration of treatment,

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§ 373-1.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

requirements (including reporting ofspills) of section art;

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

(xi) Totally enclosed treatment facilities, as defined in Part 370 of this Title.

(xii) Elementary neutralization units or wastewater treatment units, as defined in Part

370 of this Title, other than units that are part of commercial hazardous waste management

facilities as defined in Part 370 ofthis Title. Elementary neutralization units and wastewater

treatment units located at commercial hazardous waste management facilities that are only

used to neutralize or treat hazardous waste resulting from the recycling of hazardous wastes

or from the reclamation of precious metals from hazardous wastes are also exempt. Elementary neutralization units and wastewater treatment units that are used to commercially

neutralize or treat hazardous wastes, generated only 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 and prevention in section 373-3.3, and for contingency plans and emergency

procedures in section 373-3.4;

(b) the units are managed in accordance with sections 373-3.9 and 373-3.10(k) ofthis

Part;

(c) all areas, containers and tanks used to treat hazardous waste must be marked with

the words "hazardous waste" and other words that identify the contents;

(d) for batch treatment and equalization units, the date on which each period of

accumulation begins is clearly marked and visible for inspection; and

(e) if the owner or operator is diluting hazardous ignitable (Dool) wastes (other than

the DOOI high Toe subcategory defined in section 376.4(~) of this Title, Table Treatment

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) of this Part.

(xiii) (a) Treatment or containment activities during immediate response to any of the

following situations:

(1) a discharge of a hazardous waste;

(2) an imminent and substantial threat of a discharge of hazardous waste;

(3) a discharge of a material which, when discharged, becomes a hazardous 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 defined in section 370.2(b) of this Title.

(b) An owner or operator of a facility otherwise regUlated by this Subpart must

comply with all applicable requirements ofsections 373-2.3, 373-2.4, 373-3.3 and 373-3.4

of this Part.

(e) Any person who is covered by clause (a) ofthis subparagraph, and who continues

or initiates hazardous waste treatment or containment activities after the immediate

response is over, is subject to all applicable requirements of this Part for those activities.

(d) In the case of emergency responses involving military munitions, the responding

military emergency response specialist's organizational unit must retain records for three

years identifying the dates of the response, the responsible persons responding, the type

and description of material addressed, and its disposition.

(xiv) Accumulation areas are exempt, provided that they are used to accumulate waste

in accordance with the requirements of section 372.2(a)(8)(i) of this Title.

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CHAPTER IV QUALITY SERVICES § 373-1.1

(xv) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements ofsection 372.2(a)(4) ofthis Title at a transfer facility for a period of 10

calendar days or less is exempt.

(xvii) The addition of absorbent material to waste in a container or the addition of waste

to absorbent material in a container. provided thatthese actions occur at the time waste is

first placed in the container: and sections 373-2.2(i)(2) and 373-2.9(b)-(c) are complied with.

from conditionally exempt small quantity generators e e requirements

of section 372.1 (e 3 . Ov) ed that the program sponsor or ownerfoperator

(xix) The placement on drip pads of hazardous waste that is generated onsite, for a

period not exceeding 90 days. provided the generator complies with section 373-3.23 of this

Part and maintains the following records at the facility:

(a) a description of procedures 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 of each waste removal. induding the quantity of waste removed

from the drip pad and the sump or collection system and the date and time of removal.

In addition. such a generator is exempt from the requirements in sections 373-3.7 and

373-3.8 of this Part, except for section 373-3.7(b) and (e) of this Part. Such a generator must

also comply with the requirements for owners and operators in sections 373-3.3. 373-3.4,

and 373-3.2(g) of this Part and with section 376.1 (g)(l)(iv) of this 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 of this Part. and has placed its professional engineer certification that the building

complies with the design standards specified in section 373-3.30(b) in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February

]8, ]993, PE certification will be required prior to operation of the unit. The owner or

operator shall maintain the following records at the facility:

(a) a written description of procedures to ensure that each waste volume remains in

the unit for no more than 90 days, a written description of the waste generation and

management practices 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 at least once every 90 days.

In addition. such a generator is exempt from the requirements in sections 373-3.7 and

373-3.8 of this Part, except for section 373-3.7(b) and (e) ofthis Part. Such a generator must

also comply with the requirements for owners and operators in sections 373-3.3. 373-3.4.

and 373-3.2(g) of this Part and with section 376.1 (g)(1 )(iv) of this Title.

(xxi) A New York State utility central collection facility consolidating hazardous waste

in accordance with section 372.2(d) of this Title. This exemption expires on May 24. 20 II.

(2) The following facilities are exempt from this Part under the given conditions listed:

(i) A barge or other vessel which accepts hazardous waste for ocean disposal is exempt.

if the owner or operator:

(a) has a permit for ocean dumping issued pursuant to 40 CFR part 220 (Ocean

Dumping, authorized by 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 of hazardous

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,

or part 145. subpart C (see section 370.I[e] of this 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] of this

Title);

(c) has a SPDES permit issued under Part 751 of this Title and complies with the

conditions of that permit and the requirements of Parts 750 through 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) of this Part; and

(2) where the DIe well is the only unit at a facility which requires a RCRA permit,

complies with section 373-1.5(a)(4) of this 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 if the 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 of this

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 if it were being discharged into the POTW through a sewer, pipe or

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 of this 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

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CHAPTER IV QUALITY SERVICES

(iii) demonstrate that the proposed activity will have no significant adverse impact on

the public health, safety or welfare, the environment or natural resources.

(2) The commissioner will not grant any variance which would result in regulatory controls less stringent than those in the RCRA-delegated program.

(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, the environment or natural resources.

applications for permits, permit renewals and permit modification. and the procedure cable

to the suspension and revocation of permits, pursuant to this Pan, are set fo . IS Subpan and

in Part 621 of this Title.

(g) Enforcement. Without limitation to any ot 1 or criminal sanctions that may be

applicable, a person who violates any ofthe IOns of this Pan or of any permit issued hereto,

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 of article 71 of the

EeL. T mmissioner or his/her representative is authorized to enter and inspect any propeny

(h) Severability. If any provision of this Part or its application to any person or circumstance is held invalid, the remainder ofthis Pan. and the application ofthose provisions to persons

or circumstances other than those to which it i s held invalid. will not be affected.

(i) Terms used in this Part are defined in Pan 370 of this 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. 60 days 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 pursuant to this Pan or without interim status pursuant to this Part.

(b) A person that operates an existing hazardous waste management facility without a permit

issued pursuant to this Part must meet the requirements of Subpan 373-3 of this Part and the

applicable interim status provisions of this Subpart.

(c) No person shall begin physical construction of or operate a new hazardous waste management facility without a permit issued pursuant to this Part.

(d) Owners and operators of hazardous waste management facilities must have a Part 373

permit during the active life (including the closure period) of the unit. and. for any unit which

closes after January 26, 1983, during any post-closure care period reqUired under section

373-2.7(g) of this Pan and during any compliance period specified under section 373-2.6(g) of

this Part, including any extension of the compliance period under section 373-2.6(g)(3) of this

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 of the responsibility for

obtaining a permit pursuant to this Part. Facilities which currently have a permit issued pursuant

to Part 360 of this Title for the management of hazardous waste and qualify for the extension

allowed under the State Administrative Procedure Act (SAPA), have authorization to operate

until final administrative and judicial disposition of a permit application are made. Both of these

facilities must also comply with the requirements of Subpart 373-3 of this Part and the applicable

interim status provisions of this Subpart except section 373.1.3(g).

(e) Scope ofthe Pan 373 permit requiremellt. The ECL and RCRA require a permit for the

treatment, storage, and disposal of any hazardollS waste as identified or listed in Part 371 of this

Title. The terms treatment, storage. disposal. and hazardous waste are defined in section 370.2(b)

of this Title. Owners and operators of hazardous 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 after July

26, 1982, or that certified closure (according to section 373-3.7[f][1] ofthis Part) after January 26,

1983. must have post-closure permits. unless they demonstrate closure by removal or decontamination as provided under paragraphs (l) and (2) of this subdivision, or obtain an enforceable

document in lieu of a post-closure pennit. as provided under paragraph (3) of this subdivision. If a

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) of this Part. The denial of a permit for the active life of a hazardous waste management

facility or unit does not affect the requirement to obtain a post-closure permit under this 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 of this 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) of this 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

in the application, that Subpart 373-2 closure by removal standards were met. Ifthe commissioner believes that Subpart 373-2 standards were met, he or she will notify the public of this

proposed decision, allow for public comment, and reach a final determination according to

the procedures in paragraph (2) of this subdivision.

(ii) If the owner or operator has not submitted a Part 373 application for a post-closure

permit, the owner or operator may petition the commissioner for a determination 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) of this subdivision.

(2) Procedures for closure equivalency determination. (i) If a facility owner or operator

seeks an equivalency demonstration under paragraph (l) of this subdivision, the commissioner will provide the public, through a newspaper notice, the opportunity to submit written

comments on the information submitted by the owner or operator within 30 days from the

date of the notice. The commissioner will also. in response to a request or at his or her own

discretion. hold a public hearing whenever such a hearing might clarify one or more issues

concerning the equivalence of the Subpart 373-3 closure to a Subpart 373-2 closure. The

commissioner will give public notice of the hearing at least 30 days before it occurs. (Public

notice of the hearing may be given at the same time as notice of the opportunity for the public

to submit written comments. and the two notices may be combined.)

OJ) The commissioner will determine whether the Subpart 373-3 closure met Subpart

373-2 closure by removal or decontamination requirements within 90 days of its receipt. If

the commissioner finds that the closure did not meet the applicable Subpart 373-2 standards,

he or she will provide the owner or operator with a written statement of the reasons why the

closure failed to meet Subpart 373~2 standards. The owner or operator may submit additional

information in support of an 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.-2005
CHAPTER IV QUALITY SERVICES § 373-1.3

(3) Enforceable documents for post~closure care. At the discretion of the department, an

owner or operator may obtain, in lieu of a post-closure permit, an enforceable document

imposing the requirements of section 373-3.7(k) of this 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 of the 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 after filing. Amended (e).

§ 373-1.3 Interim statns.

(a) General. New York State's hazardous waste management facility permitting program

consists of a phase called "interim status" for qualifying facilities and a phase that constitutes the

fonnal pennit process. Interim status is a condition under which facilities may operate prior to

completing pennit processing requirements. It is a temporary 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, must obtain permits before commencing operation. Operation during interim status is conditioned upon compliance with performance

standards set forth in Subpart 373-3 of this Part. Interim status may be modified, suspended or

revoked in a manner similar to a permit.

(b) Eligibility. The owners and operators of the following types of facilities are eligible for

interim status:

(1) Owners or operators of existing hazardous waste management facilities who submitted

part A of their RCRA pennit application to the regional administrator no later than:

01-15-2002 6128.5 Conservation
CHAPTER 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 of this

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} of this 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 or 266 at a later date because of revisions

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

of hazardous waste in a calendar month and treats, stores or disposes of these wastes onsite,

by March 24, 1987.

(2) Facilities which were not required to submit a part A of their RCRA permit application

to EPA, but which are subject to the permit requirements of his Part and submit an EPA part A

application to the regional permit administrator in whose jUrisdiction the facility is located, and

the director, within 30 days of the effective date of this Part.

(3) Facilities that first become subject to the permit requirements of this Part due to a

change in Part 371, 373 or 374 of this 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 of the effective date of the 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) of this section. Any owner or operator of a 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) Qualifyingfor interim status. 0) Any person who owns or operates 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) of this section: and

(ii) the owner or operator has complied with the requirements of subdivision (d) of this

section governing submission of interim 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 a Part 373 or RCRA part B permit orif authority 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 of Environmental Conservation region in which the facility is

located and to the Director, Division of Hazardous Substances Regulation.

Note: If the applicant submitted the application to USEPA Region II prior to

July 14. 1985, then the requirements of paragraph (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 officer means:

(1) a president, secretary, treasurer or vice~president of the corporation in charge of

a principal business function, or any other person who performs similar policy or

decisionmaking functions for the corporation; or

(2) the manager of one or more manufacturing, production or operating facilities

employing more than 250 persons or having gross annual sales or expenditures 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 officer of a governmental agency includes:

(1) the chief executive officer of the agency; or

(2) a senior executive officer having responsibility for the overall operations of a

principal geographic unit of the 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) of this subdivision,

or by a duly authorized representative of that person. A person is a duly authorized representative only if;

(a) the authorization is made in writing by a person described in paragraph (4) of this

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. If an 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) of this

paragraph must make the following certification:

"} certify under penalty of Jaw 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-1-95
CHAPTER 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 of fine and imprisonment for knowing

violations..-

(e) Contems ofrhe application for 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 of the 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 of the owner of the facility;

(6) whether the facility is located on Indian lands:

(7) an indication of whether the facility is new or existing and whether it is a first or revised

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 of the facility, clearly delineating all existing structures: existing treatment, storage and disposal areas: and sites of future treatment, storage and disposal areas.

(9) a description of the processes to be used for treating, storing and disposing of hazardous waste, and the design capacity of these items;

(10) a specification of the hazardous wastes listed or designated under Part 371 ofthis Title

to be treated, stored or disposed of at the facility, an estimate of the quantity of such wastes to

be treated, stored or disposed of annually, and a general description of the processes to be used

for such wastes;

(11) a listing of all 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 of Significant Deterioration (PSD) program under the Clean Air Act and

40 CFR 52.21 as administered by the Depanment of Environmental Conservation;

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

of this 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 of Environmental 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 of the 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 of its intake and discharge structures; each of its 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 brief description of the nature of the 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 of Subpart 373-3 of this Part and, in the case of owners or operators

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) of this subdivision, the owner or operator of an interim status facility may make the following changes at

the facility:

(i) treatment, storage, or disposal of new hazardous wastes not previously identified in

the interim status application (and, in the case of newly listed or identified wastes, addition

of the units being used to treat, store, or dispose of the 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) and the 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 of hazardous waste

or addition of processes if the owner or operator submits a revised interim status application

prior to such change (along with a justification 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 of an 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 of operational control of a 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 of that section. The new owner or operator must

demonstrate compliance with section 373 H 3.8 of this Part requirements within six months of

the date of the change in ownership or operational control of the facility. Upon demonstra H

tion to the commissioner by the new owner or operator of compliance with section 373-3.8

of this Part, the commissioner shall notify the old owner or operator in writing that he/she no

longer needs to comply with section 373 H 3.8 of this Part as of the date of demonstration. All

other interim status duties are transferred effective immediately upon the date of the change

in ownership or operational control of the 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-95
CHAPTER IV QUALITY SERVICES § 373-1.3

section 71 ~2727(3) of the EeL or by a court in a judicial action brought by the USEPA or by

New York State. Changes under this paragraph are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of the facility;

(vi) addition or newly regulated units for the treatment, storage, or disposal of hazardous

waste if the owner or operator submits a revised part A permit application on or before the

date on which the unit becomes subject to the new requirements.

(2) Except as specifically allowed under this paragraph, changes listed under paragraph (1)

of this subdivision may not be made if they amount to reconstruction of the hazardous waste

management facility. Reconstruction occurs when the capital investment in the changes to the

facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste

management facility. If all other requirements are met, the following changes may be made

even if they amount to a reconstruction:

(i) changes made solely for the purposes of complying with the requirements of section

373-3.1O(d) of this 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 of section 373-2.11, 373-2.14, 373-3.11 or

373-3.14 of this Part;

(iii) changes that are necessary to allow owners or operators 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 of the rule establishing the new listing or identification;

(iv) changes during closure of a facility or of a unit within a facility made in accordance

with an approved closure plan;

(v) changes necessary to comply with an interim status corrective action order issued by

the USEPA under section 3008(h) or other Federal authority, by the commissioner under

section 71-2727(3) ofthe ECL, or by a court in a judicial proceeding brought by the USEPA

or by New York State, provided that such changes are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the boundary of the 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 for the purpose of complying with

Part 376 or RCRA section 3004;

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

and

(viii) changes necessary to comply with standards under 40 CFR part 63, subpart EEE,

National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors, as incorporated by reference in section 370.1(e) of this 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 of this Subpart, is made.

(2) Failure to furnish a requested Part 373 pennit application on time, or to furnish in full

the information required by the permit application, is grounds for termination of interim status

under this subdivision.

(3) The commissioner may revoke the interim status of any facility or operation upon a

showing of a violation of any law, rule or regulation related to interim status, or for any other

reason that would serve as grounds for revocation of a permit. The procedures governing such

revocation shall be the same as those governing the revocation of permits as provided for in

Parts 621 and 624 of this Title.

(4) For owners or operators of each 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 Pan B of the USEPA RCRA permit application to the

regional administrator prior 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 owner or operator of such facility:

0) submits a Part 373 application for the facility within 12 months after the date on

which the facility fIrst became subject to such permit requirement; and

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

(6) For owners or operators of any 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 of each incinerator facility which has achieved interim status

prior to November 8, 1984, interim status terminates on November 8, 1989, unless the owner or

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) which has achieved interim status prior to November 8, 1984, interim status terminates

on November 8, 1992, unless the owner or operator of the 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 management facility has filed an interim status applicatiOh and has not yet filed for a Part

373 pennit, the owner or operator must file an amended interim status application (EPA RCRA

part A):

(i) with the regional pennit administrator in whose jurisdiction the facility is located,

and the director, no later than the effective date of revised regulations under Pan 371 of this

Title, listing or identifying additional hazardous wastes if the facility is treating, storing or

disposing of any of those newly listed or identified wastes;

(1i) as necessary to comply with provisions of subdivision (g) of this section for changes

during interim status. Revised EPA RCRA part A applications for New York State interim

status must be filed with the regional permit administrator ofjuriSdiction and the director.

(2) The owner or operator of a facility who fails to comply with the updating requirements

of paragraph (1) of this 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 Permit application requirements.

(a) General. (1) These requirements apply to the owner or operator of a hazardous waste

management facility who is required by 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 management facility which has interim status may be required to submit a Part

373 permit application. Any owner or operator will be allowed at least six months from the date

of request 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 of research, development and demon6134 Conservation 01-15-2002
CHAPTER 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 of this 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 a pennit for the facility. The operator is

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) Submission of applications. Applications must be submitted as described in this section

and section 373-1.3(c)-(h) of this Subpart to the regional permit administrator in the region in

which the facility is located or proposed, An application for a Part 373 permit for a new

hazardous waste management facility may be filed any time after promulgation ofthe standards

in Subpart 373-2 of this 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 must be 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, treasurer or vice-president ofthe corporation in charge of

a principal business function, or any other person who performs similar policy or

decisionmaking functions for the corporation; or

(2) the manager of one or more manufacturing, production or operating facilities

employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has

been assigned or delegated to the manager in 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 of a governmental agency includes:

(1) the chief executive officer of the agency; or

(2) a senior executive officer having responsibility for the overall operations of a

principal geographic unit of the agency.

(ii) Reports. All reports required by permits and other information requested by the

commissioner must be signed by a person described in subparagraph (i) of this paragraph, or

by a duly authorized representative of that person. A person is a duly 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 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 corrunissioner.

01·15-2002 6135 Conservation
§ 373-1.4 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) Changes to authorization. If an 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 (ii) must be submitted to the commissioner prior to or together with any

reports, information or applications to be signed by an authorized representative.

(iv) Certification.

(a) Any person signing a document under subparagraph (i) or (ii) of this paragraph

shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared

under my direction or supervision according to 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

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 of fine and imprisonment for

knowing violations."

(b) For remedial action plans (RAPs) under section 373-1.11 of this Subpart, if the

operator certifies according to clause (a) ofthis subparagraph, then the owner may choose

to make the following certification instead of the certification in clause (a) of this

subparagraph:

"Based On my knowledge of the conditions of the property described in the RAP and

my inquiry of the person or persons who manage the system referenced 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 of fme and imprisonment for knOWing violatiQ.Ps."

e commissioner in a notice of

Ce n facilities will require a certificate of enviroDo title 11 of article 27 ofthe ECL and Part 361 of this

determine that the application is complete. However, the commissioner may deny a permit fo e

active life of a hazardous waste management facility or unit before receiving a complete plication for a permit. In order for an application to be determined complete, the applicant ust:

(1) satisfy the general requirements for complete applications contained i art 621 of this

Title (Uniform Procedures Regulations);

(2) include all information required, both general and specific to e type of facility under

this Part;

(3) include any supplemental information requested b

incompleteness; and

(4) submit the exposure information described i

Subpart.

(c) Siting certificate requirements.

mental safety and public necessity pursu

Title.

(d) Draft permits for RCRA egated pennits. (1) In the case of RCRA delegated permits, once an application is mplete, the commissioner will issue a draft permit or a notice of

intent to 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 of this Subpart;

all monitoring requirements set forth in section 373-1.6(b);

all required conditions as set forth in section 373-1.6(c); and

6136 Conservation 01-15-2002
CHAPTER 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 for requesting a hearing and the nature of that hearing; and

any other procedures by which the public may participate in the final decision; and

of basis or fact sheet based on the administrative record publicly noticed and made availabl

public comment as set forth in Part 621 of this Title.

(e) Statement of basis. The department shall prepare a statement of basis for ery draft

permit for which a fact sheet under subdivision (f) ofthis section is not prepared. Th tatement of

basis shall briefly describe the derivation of the conditions of the draft permit an e reasons for

them or, in the case of notices of intent to deny or terminate, reasons supp' ing the tentative

decision. The statement of basis shall be sent to the applicant and, on reques , to any other person.

(f) Fact sheet. (1) A fact sheet shall be prepared for every draft ermit for a major HWM

facility and for every draft permit which the commissioner finds' the subject of widespread

public interest orraises major issues. The fact sheet shall briefly. et forth the principal facts and

the significant factual, legal, methodological and policy que ons considered in preparing the

draft permit. The commissioner shall send this fact sheet t e applicant and, on request, to any

other person.

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

(i) a brief description of the type of fac' . y or activity which is the subject of the draft

permit; .

(ii) the type and quantity of waste uids or poHutants which are proposed to be or are

being treated, stored, disposed of, i . cted, emitted or discharged;

(iii) a brief summary of the is for the draft permit conditions, including references to

applicable statutory or regul ry provisions and appropriate supporting references to the

administrative record;

(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 of this Subpart for a period of at least three years from the date the application is signed.

(h) The commissioner may require a permittee or an applicant to submit information in order

to establish permit conditions under section 373-1.6(c)(2) of this 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 efL 60 days after filing. Amended (a)(5)(iv).

§ 373-1.5 Contents of permit 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 applicable to the facility. The information requirements presented in subdivisions (a)-(p) of this section reflect the 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) of this Subpart. Certain technical data, such as design drawings and specifications, and engineering studies and reports must be certified by a professional engineer registered in New York State. The location of property boundaries must be certified by a person or

01-15-2002 6137 Conservation
§ 373-1.5 TITLE6 ENVIRONMENTAL CONSERVATION

firm registered to practice land surveying in the State of New York For post-closure pennits,

the information specified in subdivision (0) of this section is required in the permit application.

(2) General information requirements. The following information is required for all HWM

facilities:

(i) A general description of the facility.

(ii) Chemical and physical analyses of the 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 of the wastes properly in accordance with Subpart

373-2 ofthis Part.

(iii) A copy of the waste analysis plan required by section 373·2.2(e)(2) of this Part and,

if applicable, paragraph (e)(3) of such section.

(iv) A description of the security procedures and equipment required by section

373~2.2(f) of this Part, or a justification demonstrating the reasons for requesting a waiver of

this requirement.

(v) A copy of the general inspection schedule required by section 373-2.2(g)(2) of this

Part. Include where applicable, as part of the 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 of section 373-2.3 of this Part.

(vii) A copy of the contingency plan required by section 373~2.4 of this Part. Include,

where applicable, as part of the contingency plan, specific requirements in section

373-2. 11 (e) of this Part.

(viii) A description of procedures, structures or equipment used at the facility to:

(a) prevent hazards in unloading operations (for example, ramps, special forklifts);

(b) prevent runoff from hazardous waste handling areas to other areas of the facility

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

(c) prevent contamination of water supplies;

(d) mitigate effects of equipment failure and power outages;

(e) prevent undue exposure of personnel to hazardous waste (for example, protective

clothing); and

(j) prevent releases to the atmosphere.

Ox) A description of precautions to prevent accidental ignition or reaction of ignitable,

reactive or incompatible wastes as required to demonstrate compliance with section

373~2.2(i) of this Part, including documentation demonstrating compliance with paragraph

(i)(3) of such section.

(x) Traffic pattern, estimated volume (number, types of vehicles) and control (for

example, show turns across traffic lanes, and stacking lanes, if appropriate; 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 of data for such determination and include a copy of the relevant Federal Insurance

Administration (PIA) flood map, if used, or the calculations and maps 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 01-15-2002
CHAPTER 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 if a facility is located within or outside of the lOO-year

flood plain. However, where the FIA map excludes an area (usually areas ofthe flood plain less than 200 feet in 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

equivalent mapping techniques, approved by the commissioner, to

determine whether the facility is within the IOO-year flood plain

and, if so located, what the 100-year flood 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 a consequence of a IGO-year flood;

(2) structural or other engineering studies showing the design of operational 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 Conservation
CHAPTER IV QUALITY SERVICES § 373-1.5

(3) if applicable, and in lieu of subclauses (1) and (2) of this clause, a detailed

description of procedures to be followed to remove hazardous waste to safety before the

facility is flooded, including:

(i) timing ofsuch movement relative 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

accordance with the regulations under this Part or, ifthe facility is not located in New

York State, in accordance with applicable regulations of the state in which the

facility is located;

(iii) the planned procedures, equipment and personnel to be used and the means

to ensure that such resources will be available in time for use; and

(iv) the potential for accidental discharges of the 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

for compliance. .

(xii) An outline of both the introductory 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) of this Part. A brief description

of how training will be designed to meet actual job tasks in accordance with requirements in

subparagraph (h)( 1)(iii) of such section.

(xiii) A copy of the closure plan and, where applicable, the post-closure plan required by

sections 373-2.7(c) and (h) and 373-2.1O(h) ofthis Part. Include, where applicable, as part of

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) of this Part.

(xiv) For hazardous waste disposal units that have been closed, documentation that

notices reqUired under seCtion 373-2.7(i) of this 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 of hazardous wastes, if

that is later than the submission of the Part 373 pennit application.

(xvi) Where applicable, the most recent post-closure cost estimate for the facility,

prepared in accordance with section 373-2.8(e) ofthis Part, plus a copy ofthe documentation

required to demonstrate financial assurance under section 373-2.8(f). For a new facility, a

copy of the required documentation may be submitted 60 days prior to the initial receipt of

hazardous wastes, if that is later than the submission of the Pan 373 permit application.

(xvii) Where applicable, a copy of the insurance policy or other documentation which

comprises comp1iance with the requirements of section 373-2.8(h) of this 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 or disposal. A request for a variance in the amount of required 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 around the facility at a scale

of 2.5 centimeters (l-inch) equal to not more than 61.0 meters (200 feet). Contours must be

shown on the map. The contour interval 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) if relief is greater than 6.1 meters

(20 feet), or an interval of 0.6 meter (2 feet) if the relief is 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

contour intervals to adequately show topographic profiles of facilities. The map must clearly

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 of the map (north arrow);

(g) legal boundaries of the 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 and unloading areas, fire control faci1~ties, etc.);

(k) barriers for drainage or flood control;

([) location of operational units within the HWM facility site, where hazardous waste

is (or will be) treated, stored or disposed (include equipment cleanup areas).

Note: For large HWM facilities the commissioner will allow the use of other

scales on a case-by-case basis.

(xx) For land disposal facilities, if a case-by-case extension has been approved under

section 376.1 (e) ofthis Title or a petition has been approved under section 376.l(f), a copy of

the notice of approval for the extension or petition is required.

(xxi) A summary of the pre~application meeting, along with a list of attendees and their

addresses, and copies of any written comments or materials submitted at the meeting, as

required under section 373-1.10(a)(4) of this Subpart.

(3) Additional information requirements. The following information regarding protection

of ground water is required from owners or operators of hazardous waste surface impoundments, piles, land treatment units and landfills, except as otherwise provided in section

373-2.6(2) of this Part:

(i) A summary of the ground~water monitoring data obtained during the interim status

period under 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 map required under subparagraph (2)(xix) of this subdivision, a

delineation of the 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) of this paragraph.

(iv) A description of any plume of contamination that has entered the ground water from

a regulated unit, at the time that the application was submitted, that:

(a) delineates the extent ofthe plume on the topographic map required under subpara~

graph (2)(xix) of this subdivision;

(b) identifies the concentration of each Appendix 33 constituent throughout the

plume, or identifies the maximum concentrations of each Appendix 33 constituent in the

plume.

(v) Detailed plans and an engineering report describing the proposed ground water

monitoring program to be implemented to meet the requirements of section 373-2.6(h) of

this Part.

(vi) If the presence of hazardous constituents has not been detected in the ground water

at the time of permit application, the owner or operator must submit sufficient information,

6140 Conservation 01/31/00
CHAPTER IV QUALITY SERVICES § 373-1.5

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

requirements of section 373 H L6(i) of this Part. This submission must address the following

items specified under section 373-2.6(i) of this 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 of permit application, the owner or operator must submit sufficient

information, supporting data, and analyses to establish a compliance monitoring program

which meets the requirements ofsection 373-2.6(j) of this Part. Except as provided in section

373-2.6(i)(8)(v) of this Part, the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of section

373-2.6(k) of this Part. unless the owner or operator obtains written authorization in advance

from the commissioner to submit a proposed 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 of the wastes previously handled at the facility:

(b) a characterization of the contaminated ground water, including concentrations of

hazardous constituents:

(c) a list of hazardous 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) of such section, including a justification 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) a description of proposed 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 of this Part, or if ground

water monitoring conducted at the time of permit application under section 373-2.6(a)

through (e) of this Part at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator

must submit sufficient information, supporting data and analyses to establish a corrective

action program which meets the requirements of section 373-2.6(k) of this Part. However,

an owner or operator is not required to submit information to establish a corrective action

program if the owner or operator demonstrates to the commissioner that alternate concentration limits will protect human health and the environment after considering the criteria listed

in section 373-2.6(e) of this 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) of this Part and subparagraph (3)(vi) of this 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 of the 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 of how the ground~water monitoring program will demonstrate the

adequacy of the corrective action; and

(e) the permit may contain a schedule for submittal of the information required in

clauses (c) and (d) of this 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) of this subdivision;

(b) designation of type of unit;

(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 of groundwater, 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 assessment that will determine if a more complete investigation is

necessary.

(b) Specific information requirementsfor comainers.Except as otherwise provided in section

373-2.9(a) of this Part, owners or operators of facilities that store containers of hazardous waste

must provide the following additional information:

(1) A description of the containment system to demonstrate compliance with section

373-2.9(f) of this Part. Show at least the following:

(i) basic design parameters, dimensions, and materials of construction:

(ii) how the design promotes drainage or how containers are kept from contact with

standing liquids in the containment system;

(iii) capacity of the containment system relative to the number and volume of containers

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 of compliance with section 373-2.9(f)(2) of this 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) of this

Part (location of buffer zone and containers holding ignitable or reactive wastes) and paragraph

(h)(3) of such section (location of incompatible wastes), where applicable.

6142 Conservation (Reissued 7/95) J- J-95
CHAPTER 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) of this Part.

(5) Infonnation on air emission control equipment, as required in subdivision (n) of this

section.

(c) Specific information requirements for lank systems. Except as otherwise provided in

section 373-2.1O(a) of this Part, owners and operators of facilities that usc tanks to store or treat

hazardous waste must provide the following additional information:

(1) a written assessment that is reviewed and certified by an independent, qualified professional engineer registered in New York State as to the structural integrity and suitability for

handling hazardous waste of each tank system, as required under section 373-2.1O(b) and (c) of

this Part;

(2) dimensions and capacity of each tank;

(3) description of feed systems, safety cutoffs, bypass systems, and pressure controls (e.g.,

vents);

(4) a diagram of piping, instrumentation, and process flow for each tank system;

(5) a description of materials and equipment used to provide external corrosion protection,

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

(6) for new tank systems, a detailed description of how the tank systems will be installed in

compliance with section 373-2.1O(c)(2)-(5) of this Part;

(7) detailed plans and description of how the secondary containment system for each tank

system is or will be designated, constructed and operated to meet the requirements of section

373-2.10(d)(l)-(6) of this Part;

(8) for tank systems for which a variance from the requirements of section 373-2.1O(d) of

this Part is sought (as provided hy section 373-2.1O[d][7] of this 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 water during the life of the facility; or

(ii) a detailed assessment of the substantial present or potential hazards posed to human

health or the environment should a release enter the environment;

(9) description of controls and practices to prevent spills and overflows, as required under

section 373-2.1 0(e)(2) of this Part;

(10) for tank systems in which ignitable, reactive or incompatible wastes are to be stored or

treated, a description of how operating procedures and tank system and facility design will

achieve compliance with the requirements of section 373-2.100) and G) of this Part; and

(11) infonnation on air emission control equipment, as required in subdivision (n) of this

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) a list of the 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) of this Part. This suhmission must address the

following items:

0) the inner liner system (except for an existing portion of a surface impoundment). If an

exemption from the requirement for a liner is sought as provided by section 373-2.1] (b)(2)

of this Part, submit detailed plans and engineering and hydrogeologic reports, as appropriate,

10-31-98 6143 Conservation
TIn.E 6 ENVIRONMENTAL CONSERVATION

describing alternate design and operating practices that will, in conjunction with location

aspects, prevent the migration of any hazardous constituents into the ground water or surface

water at any future time;

(ii) the double liner and leak (leachate) detection, collection, and removal system, if the

surface impoundment must meet the requirements of section 373-2.11(b)(3) of this Part. If

an exemption from the requirements for double liners and a leak detection, collection and

removal system or alternative design is sought as provided by section 373-2.11(b)(4), (5), or

(6) of this Part, submit appropriate information;

(iii) ifthe leak detection system is located in a saturated zone, submit detailed plans and

an engineering repon explaining the leak detection system design and operation, and the

location of the saturated zone in relation to the leak detection system and surface impoundment;

(iv) the construction quality assurance (CQA) plan if required under section 373-2.2(k)

of this Part;

(v) proposed action leakage rate, with rationale, ifrequired under section 373-2.] 10) of

this Part, and response action plan, if required under section 373-2.11 (k) of this Pan;

(vi) prevention of overtopping; and

(vii) structural integrity of dikes;

~3, fReld'ell. i esl:l

(4) a description of how each surface impoundment, including the double liner system,

leak detection system, cover system and appurtenances for control of over-topping, wi11 be

inspected in order to meet the requirements of section 373-2.1I(d)(l), (2), and (4) of this Part.

This information should be included in the inspection plan submitted under subparagraph (a)

(2)(v) of this section;

(5) a certification by an engineer, licensed in the State of New York, which attests to the

structural integrity of each dike, as required under section 373-2.11 (d)(3) of this Part. For new

units, the owner or operator must submit a statement by a qualified engineer that such a

certification will be provided upon completion of construction in accordance with the plans and

specifications;

(6) a description of the procedure to be used for removing a surface impoundment from

service, as required under section 373-2.11 (e)(2)-(3) of this Part. This information should be

included in the contingency plan submitted under section 373-2.11 (e)(I) and (2) of this 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) of this Part. For

any wastes not to be removed from the unit upon closure, the owner or operator must '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) if ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how 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 of how section 373-2.11 (h) of this 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:

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CHAPTER 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 of wastes 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) of this 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 of this Part [JUly 1, 1986] must submit the exposure

information required in subparagraph (i) of this 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) of this

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

their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques,

(12) Infonnation on air emission control equipment, as required in subdivision (n) of this

section.

(e) Specific information requirements for waste piles. Except as otherwise provided in

section 373-2.1(a) of this PaI!,. owners and operators of facilities that place or treat hazardous

waste in waste piles must proVide the following additional infonnation:

(1) a list of hazardous wastes placed or to be placed in each waste pile;

(2) if an exemption is sought to section 373-2.12(b) of this 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 of section 373~2, 12(a)(3) will be complied with; or detailed plans and an engineering

report describing how the requirements 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) of tbis Part. This submission must address the following

items as specified in such subdivisions:

(i) (a) the liner system (except for an existing portion of a waste pile)-if the waste

pile must meet the requirements of section 373-2.12(b)(1) of this ParL If an exemption

from the requirement for a liner is sought, as provided by section 373-2.12(b)(2), the

owner or operator must submit detailed plans and engineering and hydrogeologic reports,

as applicable, describing alternate design and operating practices that will, in conjunction

with location aspects, prevent the migration of any 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 system or alternate design is sought as provided by section 373~2.12(b)(4),(5) or

(6) of this 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 of the saturated zone in relation to the leak detection system;

(d) the construction quality assurance (CQA) plan if required under section

373-2.2(k) of this Part;

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§ 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) proposed action leakage rate, with rationale, if required under section 373-2.12(j).

of this Part, and response action plan, ifrequired under section 373-2.12(k) of lhis Part;

(ii) control of run-on;

(iii) control of runoff;

(iv) management of collection and holding units associated with run-on and runoff

control systems; and

(v) control of wind dispersal of particulate 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 of run-on and run-off, will be inspected in order to meet the requirements of section

373-2.12(e)(1), (2) and (3) of this Part. This information should be included in the inspection

plan submitted under section 373-1.5(a)(2)(v) of this Subpart;

(6) if treatment is carried out on or in the pile, details of the process and equipment used,

and the nature and quality of the residuals;

(7) ifignitable orreactive wastes are to be placed in a waste pile, an explanation of how the

requirements ofsection 373-2. 12(f) of this Part will be complied with;

(8) ifincompatible wastes, or incompatible wastes and materials, will be placed in a waste

pile, an explanation of how section 373-2.12(g) ofthis Part will be complied 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) of this Part.

For any waste not to be removed from the waste pile upon closure, the owner or operator must

submit detailed 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] of this Part) is or will be designed, constructed, operated and maintained to 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 and the physical and chemical characteristics ofthe wastes to be placed in

the waste pile, including their potential to migrate through soil or to volatilize or escape into

the atmosphere;

(li) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(f) Specific information .requirements for incinerators. Except as section 373-2.l5(a) of

this Part provides otherwise, owners and operators of facilities that incinerate hazardous waste

must fulfill the requirements of paragraph (1), (2) or (3) of this subdivision.

(I) When seeking an exemption under section 373-2.15(a)(3) or (4) of this Part (ignitable,

corrosive or reactive wastes only):

(i) documentation that the waste is listed as a hazardous waste in section 371.4 of this

Title; solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; 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 other than 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

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CHAPTER IV QUALITY SERVICES § 373-1.5

description of auxiliary fuel system (type/feed);

capacity of prime mover;

description of automatic waste feed cutoff system(s);

(iii) documentation that the waste is a hazardous waste solely because it possesses the

characteristic of ignitability, corrosivity, or both. as determined by the tests for characteristics of hazardous 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) of this

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 of a trial burn, including all required detennina~

lions, in accordance with section 373-1.9(a)(2)(ii) of this Subpart.

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

(i) An analysis of each waste or mixture of wastes to be burned, including:

(a) heat value of the waste in the form and composition in which it will be burned:

(b) viscosity (if applicable), or description of physical form of the 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 not be 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 reference in section 370.l(e) of this Title, or

their equivalent;

(d) 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 370.1 (e) of this 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 other trial or operational burns which demonstrate compliance with the performance standards in section 373-2.15(d) of this Part.

(ii) A detailed engineering description of the incinerator including:

(a) manufacturer's name and model number of the incinerator;

(b) type of incinerator;

(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 burner design;

(i) construction materials; and

(j) location and description of temperature, pressure and flow~indicating devices and

control devices.

(iii) A description and analysis of the waste to be burned, compared with the waste for

which data from operational or trial 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) of this

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.

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§ 373-1.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(iv) The design and operating conditions of the incinerator to be llsed, compared with

that for which comparative burn data are available.

(v) A description of the 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) of this Part; and

(b) methods and results of monitoring temperatures, waste feed rates, carbon monox~

ide, and an appropriate indicator of combustion gas velocity (including a statement

concerning the precision ·and accuracy of this measurement).

(vi) The expected incinerator operation infonnation infonnation to demonstrate compliance with section 373-2.15(d) and (0 of this Part, including:

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

(b) waste feed rate;

(c) combustion zone temperature;

Cd) indication of combustion 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 their control procedures; and

(i) proposed waste feed cutofflimits, based on identified significant operating parameters.

(vii) Such supplemental information the commissioner finds necessary to achieve the

purposes of this paragraph.

(viii) Waste analysis data, including that submitted in subparagraph (i) of this paragraph, sufficient to allow the commissioner to specify as pennit principal organic hazardous

constituents (permit POHC's) those constituents for which destruction and removal efficiencies will be required.

(4) The commissioner may approve a pennit application without a trial bum ifthe commis~

sioner finds that

(i) the wastes are sufficiently similar; and

(ii) the incinerator is sufficiently similar, and the data from other trial bums are adequate

to specify (under section 373-2.15[fJ of this Part) operating conditions that will ensure that

the perfonnance standards in subdivision (d) of such section will be met by the incinerator.

(g) Specific injonnation requirements for land treatment facilities. Except as otherwise

provided in section 373~2.l(a) of this Part, owners and operators of facilities that use land

treatment to dispose of hazardous waste must provide the following additional information:

(l) a description of plans to conduct a treatment demonstration as required under section

373-2. 13(c) of this 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 of test (e.g., column leaching, degradation);

(b) materials and methods, including analytical procedures;

(c) expected time for completion; and

Cd) characteristics of the unit that will be simulated in the demonstration, including

treatment zone characteristics, climatic conditions and operating practices;

(2) a description of a land treatment program, as required under section 373-2.13(b) of this

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 ) of this Part, including:

(a) waste application method and rate;

(b) measures to control soil pH;

(c) enhancement of microbial or chemical reactions; and

(d) control of moisture content;

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CHAPTER 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 of custody 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) of this 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)

of this Part; and

(v) the proposed dimensions of the treatment zone;

(3) a description of how 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 of runoff:

(iii) minimization of runoff of hazardous constituents from the treatment zone;

(iv) management of collection and holding facilities associated with run~on and runoff

control systems:

(v) periodic inspection of the unit. This information shoold be included in the inspection

plan submitted under subparagraph (a)(2)(v) of this section; and

(vi) control of wind dispersal of particulate matter. if applicable;

(4) the requirements of section 373-2.13(e) of this Part prohibit the growth of food chain

crops on any faCility that is or has been used as a land treatment facility for hazardous waste.

Therefore, information concerning the growth of food chain crops is not applicable for a permit

application for a land treatment facility;

(5) if ignitable or reactive wastes will be placed in or on the treatment zone, an explanation

of how the requirements of section 373~2.13(i) of this 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 of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(h) Specific information requirementsfor landfills. Except as otherwise provided in 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 of the hazardous wastes placed or to be placed in each landfill or landfill cell:

10/15/97 6149 Conservation
TITLE 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) of this Part. This submission must address the following

items:

(i) (a) the liner system (except for an existing portion of a landfill). if the landfill must

meet the requirements of section 373-2.14(c)(2) of this 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) of this 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 water or 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 or alternate design is sought as provided by section 373-2. j 4(CI{ 4). (5), or

(6) of this Part, submit appropriate information;

(e) 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 of the saturated zone in relation to the leak detection system:

(d) the construction quality assurance (CQA) plan if required under section

373-2.2(k) of this Part;

(e) proposed action leakage rate, with rationale, if required under section 373-2.14(n)

of this Part, and response action plan, if required under section 373-2.14(e) of this Part;

(ii) control of run-on;

(iii) control of runoff;

(iv) management of collection and holding facilities associated with run-on and runoff

control systems; and

(v) control of wind dispersal of particulate matter, where applicable;

(3) [Rem d~

(4) a description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control 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) of this Part. This information should be included in the inspection

plan submitted under subparagraph (a)(2)(v) of this 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 of how 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) of this section;

(6) if ignitable or reactive wastes will be landslide, an explanation of how the standards of

section 373-2.14(h) of this Part will be complied with;

(7) if incompatible wastes, or incompatible wastes and materials, will be landfilled, an

explanation of how section 373-2. 14(i) of this Part will be complied with; and

(8) [ReseR eel']

(9) if containers of hazardous waste are to be landfilled, an explanation of how the

requirements of section 373-2.l4(k) or (i), as applicable, of this Part will be complied with.

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

or operator of a facility that stores, treats or disposes of hazardous waste in a landfill 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:

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CHAPTER 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 of wastes 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) of this subparagraph; and

(c) the potential magnitude and nature of the human exposure resulting from such

releases.

(Ii) Owners and operators of a landfill who submitted a Part 373 permit application prior

to the effective date of this Part [July 1, 1986] must submit the exposure information

required in subparagraph (i) of this paragraph.

(11) A waste management plan for EPA hazardous waste numbers F020, F02l, F022,

F023, F026 and F027 describing how a landfill is or will be designed, constructed, operated and

maintained to meet the requirements of section 373-2.14(m) of this 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 of underlying and surrounding soils or other materials:

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(i) Specific informarion requirementsfor boilers and industrial fimlOces 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 provided by section 374-1.8(e) of this Title, standards

to control particulate matter provided by section 374-1.8(f) of this 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) of this 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) of this subdivision; and

(b) the owner or operator may submit data in lieu of a trial bum, as prescribed in

subparagraph (1 )(vi) of this subdivision.

(ii) Waiver of trail 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

boiler operates under the special operating requirements provided by 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) of this 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 of section 374-1.8U)(1 )0) of this Title;

(2) results of analyses of each waste to be burned. documenting the concentrations

of nonmetal compounds listed in Appendix 23 of this 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] of this Title);

(3) documentation of hazardous waste firing rates and calculations of reasonable.

worst-case emission rates of each constituent identified in subclause (2) of this clause

using procedures provided by section 374-1.8U)(1)(ii)(b) of this Title:

(4) results of emissions dispersion modeling for emissions identified in subclause

(3) of this clause using modeling procedures prescribed by section 374-1.8(g)(8) of this

Title. The commissioner will 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 of section 374-1.8 of this Title. The acceptable ambient

concentration for emitted constituents for which a specific reference air concentration

has not been established in Appendix IV of 40 CFR part 266 or risk~specific dose has

not been established in Appendix IV of 40 CFR part 266 or risk·specific dose has not

been established in Appendix V of 40 eFR part 266 is 0.1 micrograms per cubic meter,

as noted in the footnote to Appendix IV of 40 eFR part 266.

(iii) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or

adjusted Tier I) 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) of this Title in the hazardous waste, other fuels, and industrial furnace

feedstocks, and calculations of the total feed rate of each meta];

(c) documentation of how the applicant will ensure that the Tier I feed rate screening

limits provided by section 374- J.8(g)(2) or (5) of this Title will not be exceeded during the

averaging period provided by that paragraph:

(d) documentation to support the determination of the 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) of this Title:

(e) documentation of compliance with the provisions of section 374-1.8(g)(2)(vi) of

this Title, if applicable, for facilities with multiple stacks;

if) documentation that the facility does not fail the criteria provided by section

374-l.8(g)(2)(vii) of this 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 of trial burn for particulate matter. When seeking to be pennitted under the

low risk waste provisions of section 374-1.80)(2) of this 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) of this paragraph.

(v) Waiver of trial bum for Hel and cl 2. 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) of this Title that controls emissions of hydrogen chloride

(He]) and chlorine gas (el2) without requiring a trial bum, the owner or operator must

submit:

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CHAPTER IV QUALITY SERVICES § 373-1.5

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

furnace feed stocks;

(b) documentation of the levels of total chloride and chlorine in the hazardous waste.

other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total

chloride and chlorine:

(c) documentation of how the applicant will ensure that the Tier I (or adjusted Tier l)

feed rate screening limits provided by section 374-1.8(h)(2)(i) or (5) of this Title will not

be exceeded during the averaging period by that paragraph;

(d) documentation to support the detennination of the 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) of this Title:

(e) documentation of compliance with the provisions of section 374-1.8(h)(2)(iv) of

this Title, if applicable, for facilities with multiple stacks:

(j) documentation that the facility does nO! fail the criteria provided by section

374-I .8(h)(2)(iii) of this 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 of trial 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 of similar boilers or industrial furnaces burning similar hazardous wastes

under similar conditions. If data from a similar device is used to support a trial burn waiver,

the design and operating information required by section 373~ 1.9(d) of this Subpart must be

provided for both the similar device and the device to which the data is to be applied, and a

comparison of the 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] of this Title) operating

conditions that will ensure conformance with section 374-1.8(c)(3) of this Title. In addition.

the following information shall be submitted:

(a) For a waiver from any trial burn:

(1) a description and analysis of the 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 of this paragraph.

(b) For a waiver of the DRE trial burn. the basis for selection of POHe s used in the

other trial or operational bums which demonstrate compliance with the DRE performance

standard in section 374-1.8(e)(1) of this Title. This analysis should specify the constituents in Appendix 23 of this Title, that the applicant has identified in the hazardous waste

for which a permit 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) of this 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) documentation of the proposed baseline flue gas He (and CO) 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 of all 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 of organic 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 monitor over time changes in the operation of the 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

of this paragraph.

(3) Alternative metals implementation approach. When seeking to be permitted under an

alternative metals implementation approach under section 374~ 1.8(g)(6) of this 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

of this paragraph.

(4) Automatic waste feed cutoff system. Owners and operators shall submit information

describing the automatic waste feed cutoff system, including any pre~alarm systems that may

be used.

(5) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in section 374~1.8[1] of this 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) of this 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 requirements for miscellaneous units. Except as otherwise provided

in section 373~2.24(a) of this Part, owners and operators of facilities that treaL store, or dispose 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 of construction, and dimensions of the 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 of section 373-2.24(b) and (c) of this Part; and

(iii) for disposal units, a detailed description of the plans to comply with the post-closure

requirements of section 373~2.24(d) of this Part.

(2) Detailed hydrologic, geologic, and meteorologic assessments and land~use maps for

the region surrounding the site that address and ensure compliance of the unit with each factor

in the environmental performance standards of section 373-2.24(b) of this Part. lIthe applicant

6154 Conservation Oct-Dec 1995
CHAPTER 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) of this Part and the commissioner agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.

(3) lnfonnation on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of

such exposures.

(4) For any treatment unit. a report on a demonstration of the effectiveness of the treatment

based on laboratory or field data.

(5) Any additional information determined by the commissioner to be necessary for

evaluation of compliance of the unit with the environmental performance standards of section

373-2.24(b) of this Part.

(k) Specific information requirements for process vents. Except as otherwise provided in

section 373-2.1 (a) of this Part, owners and operators of facilities that have process vents to which

section 373~2.27 of this 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 of section 373-2.27 of this 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) of this Part.

(2) Documentation of compliance with the process 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 of each 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 of vent emissions and emission reduction

achieved by add-on control devices based on engineering calculations or source tests. For the

purpose of determining compliance, estimates of vent emissions and emission reductions

must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is 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 of section 373-2.27(c) of this Part.

(3) Where an owner or operator applies for permission to use a control device other than a

thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser,

or carbon adsorption system to comply with the requirements of section 373-2.27 of this Part.

and chooses to use test data to determine the organic removal efficiency or the total organic

compound concentration achieved by the control device, a performance test plan as specified in

section 373-2.27(f)(2)(iii) of this Part.

(4) Documentation of compliance with section 373-2.27(d) of this Part, including:

(i) a list of all 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) of this Part;

(iii) a design analysis, specifications, drawings. schematics. and piping and instrumentation diagrams based on the appropriate sections of "APT! Course 415: Control of Gaseous

Emissions" (incorporated by reference as specified in section 370.l[e] of this 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) of this 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 unit is or would be operating at the highest load or capacity

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 of 95 weight percent or greater unless the total

organic emission limits ofsection 373-2.27(c)(l) of this 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 requirements for 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) of this Part applies mllst provide the following additional information:

(1) For each piece of equipment to which section 373-2.28 of this Part applies:

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

tion:

(ii) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan):

(iii) type of equipment (e.g., a pump or pipeline 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 of compliance with the standard (e.g., "'monthly leak detection and repair"

or "equipped with dual mechanical seals").

(2) For facilities that cannot install a closed-vent system and control device to comply with

the provisions of section 373-2.28 of this 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) of this part.

(3) ""'here an owner or operator applies for pennission to use a control 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) of this 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) of this Part. The commissioner may request further documentation before

deciding if compliance has been demonstrated.

(5) Documentation to demonstrate compliance with section 373-2.28(k) of this Part shall

include the following infonnation:

(i) a list of all 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) of this Pan;

(iii) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "ATPl Course 4]5: Control of Gaseous

Emissions" (incorporated by reference as specified in section 370.] [e] of this 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) of this 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 of 95 weight percent or greater.

6156 Conservation (Reissued 7/95) 1-1-95
CHAPTER IV QUALITY SERVICES § 373-1.5

(m) Special information requirements for drip pads. Except as otherwise provided by

section 373-2.1(a) of this Part, owners and operators of hazardous waste treatment, storage, or

disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the

following additional information:

(1) A list of hazardous wastes placed or to be placed on each drip pad.

(2) If an exemption is sought under section 373-2.6 of this Part, as provided by section

373-2.6(a) of this Part, detailed plans and an engineering report describing how the requirements of section 373-2.6(a)(2)(y) of this 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) of this Part:

(i) the design characteristics of the 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 of the drip pad or the presence of any releases of hazardous

waste or accumulated liquid at the earliest practicable time;

(iv) practices designed to maintain drip pads;

(v) the associated collection system;

(vi) control of run-on to the drip pad;

(vii) control of run-off from 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 of any accumulated residues of waste or other materials, including but not limited 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

equipment is minimized;

(xi) procedures, inclUding recordkeeping practices, for ensuring that, after removal 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 and holding units associated with the run-on

and runoff control systems are emptied or otherwise managed as soon as possible after

stonns to maintain design capacity of the system;

(xiii) if treatment is carried out on the drip pad, details of the process equipment used,

and the nature and quality of the residuals;

(xiv) a description of how each drip pad, inclUding appurtenances for control of run-on

and runoff, will be inspected in order to meet the requirements of section 373-2.23(d) of this

Pan. This information should be included in the inspection plan submitted under subparagraph (a)(2)(Y) of this section;

(xv) a certification signed by an independent qualified, professional engineer registered

in New York State, stating that the drip pad design meets the requirements of section

373-2.23(d)(l) through (6) of this Part; and

(xvi) a description of how hazardous waste residues and contaminated materials will be

removed from the drip pad at closure, as required under section 373~2.23(f)(l) of this Part.

For any waste not to be removed from the drip pad upon closure, the owner or operator must

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)

of this section.

(n) Specific requirements for air emission controls for tanks, surface impoundments, and

containers. (1) Except as otherwise provided in section 373-2.1 (a) of this Part, owners and

operators of tanks, surface impoundments, or containers that use air emission controls in

accordance with the requirements of section 373-2.29 of this 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 or operator that the cover meets the applicable design specification" a, listed in 'eetion 373-2.29(e)(5)(i) or (6)(i) of this Part.

(ii) Identification of each container area subject to the requirements of section 373-2.29

ofthis Part and certification by the owner or operator that the requirements 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

Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix

B, as incorporated by reference in section 370.1(e) of this Title.

(iv) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements ofsection 373-2.29(f)(3) ofthis Part that includes

information prepared by the owner or operator or provideq by the cover manufacturer or

vendor describing the cover design, and certification by the owner or operator that the cover

meets the specifications listed in section 373-2.29(1)(3)(i) of this 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) of this section.

(vi) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendiX A, as

incorporated by reference in section 370.1 (e) of this 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 of this Part

cannot comply with section 373-2.29 of this Part, by the date of permit issuance, the

schedule of implementation required under section 373-3.29(c) of this Part.

(0) Requirementsfor post-closure pennits. For post-closure permits, the owner or operator

is required to submit the information specified in 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 that additional information from subdivision (a), (c), (d), (e), (g), or (h) of this section

is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in section 373-1.2(e)(3) of this

Suhpart.

(p) Penni! denial. The commissioner may, pursuant to the procedures in Part 621 of this

Title, deny the permit application either in its entirety or as to the active life of a hazardous waste

management facility or unit 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 01-15-2002
CHAPTER 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 incorporated into the permits either expressly or by reference. 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 ofEeL article 27, title 9, and is grounds:

0) for enforcement action;

(ii) for pennit termination, revocation and reissuance, or modification; or

(iii) for denial of a pennit renewal application.

(2) Duty to reapply. Ifthe pennittee wishes to continue an activity regulated by this permit

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

(3) Need to halt or reduce activity not a defense, It will not be a defense for a pennittee in

an enforcement action that it would have been necessary to halt orreduce the permitted activity

in order to maintain compliance with the conditions of this 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 are reasonable to prevent significant adverse impacts 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 of treatment and control (and related appurtenances)

which are installed or used by the permittee to achieve compliance with the conditions of this

permit. Proper operation and maintenance 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 of backup

or auxiliary facilities or similar systems only when necessary to achieve compliance with the

conditions of the pennit.

(6) Permit actions, This permit may be modified, suspended or revoked for cause. The

filing of a 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 of records required to be kept by this permit.

(9) Inspection and entry. The pennittee must allow the commissioner or an authorized

representative, upon the presentation of identification, to:

(i) enter at reasonable times upon the permittee's premises where a regulated facility or

activity is located or conducted, or where records must be kept under the conditions of this

permit;

Oi) have access to and copy, at reasonable times. any records that must be kept under the

conditions of this permit;

(iii) inspect at reasonable times any facilities, equipment (including monitoring and

control equipment), practices or operations regulated or required under this pennit; and

(Iv) sample or monitor at reasonable times, for the purposes of assuring permit compliance, or as otherwise authorized by the EeL, any substances or parameters 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 of monitoring must be representative of the 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) of this Part, and records of all data used to complete the

application for this permit, for a period of at least three years from the date of the sample,

measurement, report or application. This period may be extended by request of the commissioner at any time. The permittee must maintain records of all ground-water quality and

ground-water surface elevations, for the active life of the facility, and for the post-closure

care period as well.

(iii) Records for monitoring information must include:

(a) the date, exact place and time of sampling or measurements;

(b) the name(s) of the individual(s) who performed the sampling or measurements;

(c) the date(s) analyses were performed;

(d) the name(s) of the individual(s) who performed the analyses;

(e) the analytical techniques or methods used; and

(j) the results of such 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] of this Subpart).

(12) Reporting requirements.

(1) Planned changes. The permittee must give notice to the commissioner as soon as

possible of any planned physical alterations or additions to the permitted facility.

(ii) Anticipated noncompliance. The permittee must give advance notice 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 of hazardous waste; and for a facility being modified, the permittee may not

treat, store or dispose of hazardous waste in the modified portion of the facility except as

provided in section 373-1.7 of this Subpart, until:

(a) the permittee has submitted 10 the commissioner, by certified mail or hand

delivery, a letter signed by the permittee and a registered professional engineer stating that

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 of the pennit; or

(2) if, within 15 days of the date of submission of the letter in clause (a) of this

subparagraph, the permittee has not received notice from the commissioner of his or her

intent to inspect, the prior inspection is waived and the pennittee may commence

treatment, storage or disposal of hazardous waste.

(iii) Transfers. This pennit is not transferable to any person except after notice 10 the

commissioner. The commissioner may require modification or suspension of the 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] of this 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 10-31-98
CHAPTER 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 of hazardous 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 of the occurrence and its cause must include:

(1) names. address and telephone number of the operator;

(2) name. address and telephone number of the facility;

(3) date, time and type of incident;

(4) name (chemical and common) and quantity of materia1(s) involved;

(5) the extent of injuries, if any;

(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 of recovered 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 of the noncompliance and its cause; the period of noncompliance, including

exact dates and times, and if the noncompliance has not been corrected, the anticipated

time it is 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 of a written report within 15 days.

(vii) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within 15 days,

the permittee must submit a letter repon, including a copy of the manifest, to the commissioner (see Part 372 of this Title).

(viii) Unmanifcsted waste report. This report must be submitted to the commissioner

within 15 days ofreceipt of unmanifested waste (see section 373-2.5[fj of this Part).

Ox) Annual report. An annual report must be submitted covering facility activities

during the calendar year (sec section 373-2.5[e1of this Part).

(x) Other noncompliance. The permittee shall report all instances of noncompliance 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) Other information. Where the permittee becomes aware that any relevant facts were

omitted in a permit 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 or information.

(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) of this Subpart. The information repository will be governed by the provisions

in section 373-1.1 0(c)(3) through (6) of this Subpart.

(b) Requirements for recording and reporting of monitoring 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 ENVIRONMENTAL CONSERVATION

(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 of the regulated activity and

as specified in Subpart 373-2 of this Part. Reporting must be no less frequent than specified in

the above regulations.

(subdivision [a] ofthis section), the commissioner may establish, as required on a case-b se

basis, conditions in pennits regarding section 373-1.8(a) of this SUbpart (duration . ennits),

(d) of this section (schedules of compliance and alternate schedules of compl' 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 of the ECL its regulations, including each

of the applicable requirements specified in Subpart 373- d Parts 374 and 376 ofthis Title. In

satisfying this provision, the commissioner max' orporate applicable requirements of Subpart 373-2 and Parts 374 and 376 of this Tit lrectly into the permit or establish other pennit

conditions that are based on this Part. commissioner may impose permit conditions as the

commissioner determines necess J to protect human health and the environment.

(3) New permits, rene of permits and modified or suspended permits shall incorporate

each of the applicabl quirements referenced in this section.

(4) Inco Ion. All pennit conditions will be incorporated either expressly or by reference. If i rporated by reference, a specific citation to the applicable regulations or requireme ust be given in the permit. The applicable regulations or requirements would be those

(d) Schedules of compliance. (I) The permit may, when appropriate, specify a schedule

of compliance leading to compliance with this Part.

(i) Time for compliance. Any schedules of compliance will require compliance as soon

as possible.

(ii) Interim dates. Except as provided in clause (2)(i)(b) of this subdivision, if a penni!

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 between interim dates will not exceed one year.

(b) If the time necessary for completion of any interim requirement is more than one

year, and is not readily divisible into stages for completion, the pennit will specify interim

dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion dale.

(iii) Reporting. The permit will be written to require that, no later than 14 days fonowing

each interim date and the final date of compliance, the permittee shall notify the commissioner, in writing, of its compliance or noncompliance with the interim or final requirements,

or submit progress reports if clause (ii)(b) of this paragraph is applicable.

(2) Alternative schedules of compliance. A permit applicant or permittee may cease

conducting regulated activities (by receiving a tenninal volume of hazardous 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 pennit requirements as follows:

(i) If the permittee decides to cease conducting regulated acti vities aL a gi ven time within

the lenn of a permit which has already been issued:

(a) the permit may be modified to contain a new or additional schedule leading to

timely cessation of activities; or

(b) the permittee must cease conducting pennitted activities before noncompliance

with any interim or final compliance schedule requirement already specified in the permit.

6162 Conservation 10-31-98
CHAPTER IV QUALITY SERVICES § 373-1.7

(Ii) If the decision to cease conducting regulated activities is made before issuance of a

permit the term of which 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) If the 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 an identical interim deadline requiring 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 a timely manner if the 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 of regulated 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) of this subparagraph, it must follow

the schedule leading to termination if the decision is to cease conducting regulated

activities.

(iv) The applicant's or permittee's decision to cease conducting regulated activities shall

be evidenced by a firm public commitment satisfactory to the commissioner, such as

resolution of the board of directors of a corporation.

(e) Effect ofa pennit. Compliance with a permit issued pursuant to this Part during it's term

constitutes compliancc, for purposes of enforcement, with Parts 370 through 374 and 376 of this

Title except for 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 of this 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 of section 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 of this 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 after filing. Amended (a), (c); added (e).

§ 373~1.7 Permit modifications.

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

or operator only if the permit has been modified under subdivision (b) of this section and Part

621 of this Title to identify the new pennittee and incorporate such other requirements as may

be necessary.

(2) Changes in the ownership or operational control of a facility may be made as a minor

modification with prior written approval of the commissioner in accordance with subdivision

(c) of this section. The new owner or operator must submit a revised permit application no later

than 90 days prior to the scheduled change. A written agreement containing a specific date for

transfer of permit responsibility between the current and new permittees must also be submitted

to the commissioner. When a transfer of ownership or operational control occurs, the previous

owner or operator shall comply with the requirements of section 373-2.8 (Financial requirements) of this Part until the new owner or operator has demonstrated that he or she is

complying with the requirements of that section. The new owner or operator must demonstrate

6]63 Conservation
§ 373-1.7 TITLE 6 ENVIRONMENTAL CONSERVATlON

compliance with section 373-2.8 requirements within six months of the date of the change of

ownership or operational control of the facility. Upon demonstration to the commissioner by

the new owner of compliance 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 of the date

of demonstration.

(b) Modification of permits. Every application for modifications to a permit will be

processed pursuant to Pan 621 of this Title.

(c) Minor modification of RCRA~delegaledpermits. An application for modification of an

RCRA-dclegatcd pennit may be processed pursuant to Pan 621 of this Title without being 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 of typographical errors;

(iii) equipment replacement or upgrading with functionally equivalent components

(e.g.! pipes, valves, pumps, conveyors, controls);

(iv) changes in the frequency of or procedures for monitoring, reporting, sampling, or

maintenance activities by the pennittce to proVide for more frequent monitoring, reporting,

sampling, or maintenance;

(v) schedule of compliance: changes in interim compliance dates, with prior approval of

the commissioner;

(vi) changes in expiration date of pennit to allow earlier pennit tennination, with prior

approval of the commissioner; and

(vii) changes in ownership or operational control of a facility, provided the procedures

of paragraph (a)(2) of this 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 with underlying hazardous constituents in ignitable or corrosive 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 of training 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 of coordinators 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 or better certainty that the unit components meet design specifications.

NOle: When a pennit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that

change shall be reviewed under the same procedures as the permit

modification,

6164 Conservation 10-31-98
CHAPTER 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 of the well;

(ii) changes in ground~water sampling or analysis procedures or monitoring schedule,

with prior approval of the 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 of the commissioner.

(4) Closure.

(i) Changes to the closure plan:

(a) changes in estimate of maximum extent of operations or maximum inventory of

waste on-site at any time during the active life of the facility, with prior approval of the

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 of finalc1osure, where other pennit conditions arc

not changed, with prior approval of the commissioner;

(d) changes in procedures for decontamination of facility equipment or structures,

with prior approval of the commissioner.

(ii) Addition of the following new units to be used temporarily for closure activities:

(a) tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the commissioner.

(5) Post-closure.

(i) changes in name, address, or phone number of contact in post-closure plan;

(ij) changes to the expected year of final closure, where other permit conditions are not

changed.

(6) Containers.

0) Modification or addition of container units or treatment processes necessary to treat

wastes that are restricted from land disposal to meet some or all of the applicable treatment

standards with prior approval of the commissioner. This modification may also involve

addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxincontaining wastes (F020. F021, FOZZ. F023, F026, F027. and F028).

(ij) Addition of a roof to a container unit without alteration of the containment system.

(iii) Storage or treatment of different 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 of the

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

(7) Tanks.

(i) After prior approval of the commissioner, addition of a new tank that will operate for

up to 90 days using any of the following physical or chemical treatment technologies:

neutralization, dewatering, phase separation,'Of component 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 of the applicable treatment

standards. with prior approval of the commissioner. This modification may also involve

addition of new waste codes. It is not applicable to dioxin~containing wastes (F020, F02l,

F022, F023, F026, F027, and F028).

(iii) Replacement of a tank with a tank that meets the same design standards and has a

capacity within +/-10 percent of the 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 of different 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, 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

same type (e.g., incinerator scrubber water). 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 for the management of newly listed or identified wastes,

Surface impoundments.

Treatment, storage, or disposal of different 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) of this Title. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027,

and F028);

(b) that arc residues from wastewater treatment or incineration, provided that disposal

occurs in a unit that meets the minimum technological requirements stated in both 40 CFR

268.5(h)(2) and section 376. I(e)(8)(ii) of this Title, and provided further that the surface

impoundment has previously received wastes of the 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 of unconstructed units to comply with section 373-2.l1(b)(3), (d)(4),

OJ and (k) of this Part.

Note: Sec subdivision (g) of this section for modification procedures to be

used for the management of newly listed or identified wastes,

(9) Enclosed waste piles. For all waste piles except those complying with section

373-2.12(a)(3) of this 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 of a waste pile unit with another waste pile unit of the same design and

capacity and meeting all waste pile conditions in the permit.

Note: See subdivision (g) of this section for modification procedures to be

used for the management of newly 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 Conservation
CHAPTER 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) that arc residues from wastewater treatment or incineration, provided that disposal

occurs in a landfilluoit that meets the minimum technological requirements stated in both

40 CPR 268.5(h)(2) and section 376.1 (c)(8)(ii) of this Title, and provided further that the

landfill has previously received wastes of the 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 of unconstructed units to comply with sections 373-2. 12(b)(3), (e), (j)

and (k), 373-2.14(c)(3), (e)(3), (n) and (0) of this Part.

Note: See subdivision (g) of this section for modification procedures to be

used for the management of newly listed or identified wastes.

(11) Land treatment (i) Modification of a land treatment unit management practice to

decrease rate of waste application.

(ii) Changes in any condition specified in the permit for a land treatment unit to reflect

results of the land treatment demonstration, provided performance standards are met, and the

commissioner's prior approval has been received.

(iii) Changes to allow a second land treatment demonstration to be conducted when the

results of the first demonstration have not shown the conditions under which the wastes can

be treated completely, provided the conditions for the second demonstration are substantially

the same as the conditions for the first demonstration and have received the prior approval of

the commissioner.

NOle: See subdivision (g) of this section for modification procedures to be

used for the management of newly listed or identified 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 after construction, with the prior

approval of the commissioner;

(b) changes in the operating requirements set in the permit for conducting a trial burn,

provided the change is minor and has received the prior approval of the commissioner;

(c) changes in the ranges of the operating requirements set in the permit to reflect the

results of the trial burn, provided the change is minor and has received the prior approval

of the commissioner.

(ii) Substitution of an alternate type of nonhazardous 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 Air Pollutants From Hazardous Waste Combustors), as incorporated by reference in section 370.1 (e) of this Title, provided the procedures

of subdivision CD of this section are followed.

(13) Containment buildings. (i) Replacement of a containment building that meets the

same design standards provided:

(a) the unit capacity is not increased; and

(b) the replacement containment building meets the same conditions specified in the

pennit.

(14) Temporary authorizations. (i) Conduct, for a term of not more than 180 days, 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) of this section.

01-15-2002 6167 Conservation
§ 373-1.7 TITLE 6 ENV]RONMENTAL CONSERVAT]ON

(15) Other modifications. 0) In the case of modifications 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) of this

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 whether the request qualifies to be administered as a

modification or an application for a new 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 or its operation. These changes do not substantially alter the

permit conditions or reduce the capacity of the facility to protect human health or the

environment

(d) Major modifications. Major modifications include, but are not limited to, the following:

(1) General permit provisions. (i) Extension of final 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) of this Part.

(iii) Corrective action program:

(a) Addition of a corrective action program as required by section 373-2.6U)(ll) and

(k) of this Part

(3) Closure. (i) Creation of a new landfill unit as part of closure.

(ii) Addition of the 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) of this Part.

(4) Post-closure. (i) Reduction in the post-closure care period,

(5) Containers. (i) Modification or addition of container units 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) of this section.

(ii) Storage of different wastes in containers, except as provided in subparagraph

(c)(6)(iii) of this section, that require additional or different management practices from

those authorized in the permit.

Note: See subdivision (g) of this section for modification procedures to be

used for the management of newly listed or identified wastes.

(6) Tanks. (i) Modification or addition oftank units resulting in greater than 25 percent

increase in the facility's tank capacity, except as provided in subparagraphs (c)(7)(i) and (ii)

of this section.

(ii) Management of different wastes in tanks:

6168 Conservation 01-]5-2002
CHAPTER 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) of this section.

Note: See subdivision (g) of tills section for modification procedures 10 be

used for the management of newly listed or identified 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 of a surface impoundment unit.

(iii) Treatment, storage, or disposal of different wastes in surface impoundments that

require additional or different management practices or different design of the 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) of this section for modification procedures to be

used for the management of newly listed or identified wastes.

(8) Enclosed waste piles. For all waste piles except those complying with section

373-2.12(a)(3) of this 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) of this

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 of the unit.

Note: See subdivision (g) of this section for modification procedures to be

used for the management of newly listed or identified 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 of a landfill.

(iii) Addition or modification of a liner, leachate collection system, leachate detection

system, runoff control, or final cover system.

(tv) Landfill different wastes that require additional or different management practices,

different design of the 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) of this section for modification procedures to be

used for the management of newly listed or identified wastes.

(10) Land treatment.

(1) Lateral expansion of or other modification of a land treatment unit to increase areal

extent.

(ii) Modify run-off control 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 for the management of newly listed or identified wastes.

(iv) Modification of a land treatment unit management practice to increase rate or

change method of waste application.

(v) Modification of a land treatment unit management practice to grow food chain crops,

to add or replace existing permitted crops with different food chain crops, or to modify

operating plans for distribution of animal 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) of this Part.

(vii) Changes in the unsaturated zone monitoring system, resulting in a change to the

location, depth, number of sampling points, or replace unsaturated zone monitoring devices

or components of devices with devices or components that havc specifications different from

permit requircments.

(viii) Changes to allow a second land treatment demonstration to be conducted when the

results of the 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 more than 25 percent any of the following limits authorized in

the pennit: a thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate

limit, a metal 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 of the primary or secondary combustion units, by adding a primary

or secondary combustion unit, by substantially changing the design of any component used

to remove hydrogen chloride, chlorine, metals, or particulate from the combustion gases, or

by changing other features ofthe incinerator, boiler, or industrial furnace that could affect its

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 at the inlet to the particulate matter emission 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 of any stack gas emission limits specified in the pennit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste

feed cutoff procedures or controls.

(iv) Burning different wastes if the waste contains a POHC that is more difficult to bum

than authorized by the permit or if burning of the 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 of newly listed or identified wastes.

(12) Containment buildings.

6170 Conservation
CHAPTER IV QUALITY SERVICES § 373-1.7

(1) Modification or addition of containment building units resulting in greater than 25

percent increase in the facility's containment building storage treatment capacity.

(ij) Storage or treatment of different wastes in containment buildings that require addi~

tional or different management practices.

(13) Corrective action.

(i) Approval of a corrective action management unit pursuant to section 373-2.19(a) of

this Part.

ee) Announcement ofdetennination. Upon receipt of the commissioner's determination, the

permittee must send an announcement of every minor modification to all persons on the facility

mailing list maintained by the commissioner under section 621.6(d)(3) and (4) of this Title, to any

unit of local 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 after the commissioner approves the request as a minor modification.

(f) Temporary authorizations. (1) Upon request of the permittee, the commissioner may,

without prior public notice and comment, grant the permittee a temporary authorization in

accordance with this subdivision. Temporary authorizations must have a term of not more than

180 days.

(2) (i) The pennittee may request a temporary authorization for any modification which

would otherwise be a major modification that meets the criteria in clause (3)(ii)(a) or (b) of

this subdivision; or that meets the criteria in clauses (3)(ii)(c) through (e) of this subdivision

and provides improved management or treatment of a hazardous waste already listed in the

facility permit.

(ii) The temporary authorization request must include:

(a) a description Of the activities to be conducted under the temporary authorization;

(b) an explanation of why the temporary authorization is necessary; and

(c) sufficient infonnation 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) of this Title, to any unit of local 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 seven days of submission of the authorization

request.

(3) The commissioner shall approve or deny the temporary authorization as quickly as

practical. To issue a temporary authorization, the commissioner must find:

(1) The authorized activities are in compliance with the Part 373 standards.

(ii) The temporary authorization is necessary to achieve one of the following objectives

before action is likely to be taken on a modification request:

(a) to facilitate timely implementation of closure or corrective action activities;

(b) to allow treatment or storage in tanks or containers, or in containment buildings, in

accordance with the Land Disposal Restrictions contained in 40 CPR part 268 and Part

376 of this Title;

(c) to prevent disruption of ongoing 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 of up to 180 days

provided that the permittee has requested major permit modification for the activity covered in

the temporary authorization, and the commissioner determines that the reissued temporary

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§ 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 management units, if:

(i) the unit was in existence as a hazardous waste facility with respect to the newly listed

or characterized waste or newly regulated waste management unit on the effective date ofthe

final rule listing or identifying the waste, or regulating the unit;

(ii) the pennittee submits a minor modification request on or before the date on which

the waste or unit becomes subject to 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 of this Title;

(iv) the permittee also submits a complete major permit modification request within 180

days of the effective date of the rule listing or identifying the waste or subjecting the unit to

article 27, title 9 of the ECL, and 6 NYCRR Part 370 ef seq. 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 of Subpart 373~3 of this Part for ground-water

monitoring and financial responsibility on the date 12 months after the effective date of the

rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste

management unit. If the owner or operator 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 authorized to continue to 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 subject to 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 of off-site waste munitions; and

(3) the permittee submits a complete major modification request within 180 days of the

date when the waste military munitions became subject to hazardous waste regulatory requirements.

(i) Permit modification list. The commissioner must maintain a list of all approved permit

modifications and must publish a notice once a year in the Environmental Notice Bulletin that an

updated list is available for review.

(j) Combustion facility changes to meet part 63 MACT standards. The following procedures apply to hazardous waste combustion facility permit modifications requested under subparagrapb (c)(12)(iii) afthis section.

(1) Facility owners or operators must comply with the notification of intent to comply

(NIC) requirements of 40 CPR 63.1211, as incorporated by reference in 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. 14,2002 eff. 60 days after filing. Added (c)(I2)(iii), (j).

§ 37~-1.8 Expiration and continuation of permits.

(a) Duration ofpermits. (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 other units 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.

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CHAPTER IV QUALITY SERVICES § 373-1.9

(b) Renewal applications. Complete applications for a pennit renewal must be submitted at

least 180 days before the expiration date of the eXisting permit. See also section 373~ 1.1 0 of this

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 of permits.

(a) Hazardous waste incinerator pennirs. (1) For the purposes of determining operational

readiness following completion of physical construction, the commissioner must establish

permit conditions, including but not 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 of hazardous waste.

The commissioner may extend the duration of this operational period once, for up to 720

additional hours, at the request of the 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 of permit).

(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 operating parameters identified in

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 of section 373-2.15(d).

(2) For the purposes of determining feasibility of compliance with the performance standards of section 373-2.15(d) of this Part and of determining adequate operating conditions

under subdivision (f) of such 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) of this

paragraph, with the permit application.

(ii) The trial burn plan must include the following information:

(a) an analysis of each waste or mixture of wastes to be burned, that includes:

(1) heat value of the waste in the form and composition it will be burned;

(2) viscosity (if applicable), or description of the physical form of the waste;

(3) 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 not be expected

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)

of this 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 of the incinerator (if available):

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§ 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) type of incinerator;

(3) linear dimensions of the incinerator unit, including the cross-sectional area of

the combustion chamber;

(4) description of the auxiliary fuel system (type/feed);

(5) capacity of prime mover;

(6) description of automatic waste feed cutoffsystem;

(7) stack gas monitoring and pollution control equipment:

(8) nozzle and burner design;

(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 equipment to 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 of waste to be burned, and other factors relevant to the commis~

sioner" s decision under subparagraph (v) of this paragraph;

(e) a detailed 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 of an equipment malfunction; and

(11) other infonnation the commissioner finds necessary to determine to approve the

trial bum plan in light of the purposes of this paragraph and the criteria in subparagraph

(v) of this 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 of this 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 of incineration of the constituents identified in the waste analysis, their concentration 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 a trial burn plan if the commissioner finds that:

(0) the trial burn is likely to detennine whether the incinerator performance standards

required by section 373~2.15(d) of this 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 of this Part; and

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CHAPTER IV QUALITY SERVICES § 373-1.9

(d) the information sought in clauses (a) and (b) ofthis subparagraph cannot reasonably be developed through other means.

(vi) The commissioner must send a notice to all persons on the facility mailing list as set

forth in section 621.6 of this Title and to the appropriate units of local government as set

forth in section 621.6 of this Title announcing the scheduled commencement and completion

dates for the trial burn. The applicant may not commence the trial burn until after the

commissioner has 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 if the trial bum is delayed due to cirCUffi*

stances beyond the control of the facility or the permitting agency.

(b) This notice must contain:

(1) the name and telephone number of the applicant's contact person;

(2) the name and telephone number of the pennitting agency's contact office;

(3) the location where the approved trial bum plan and any supporting documents

can be reviewed and copied; and

(4) an expected time period for commencement and completion of the 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 of the trial POHC's in the waste feed to the incinerator;

(b) a quantitative analysis ofthe exhaust gas for the concentration and mass emissions

of the 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 of estimating the fate of the 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) of this 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) a computation of particulate emissions, in accordance with section 373-2.15(d)(3);

(g) an identification of sources of fugitive emissions and their means of control;

(h) a measurement of average, maximum and minimum temperatures and combustion

gas velocity;

(i) a continuous measurement of carbon 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 must be made within 90 days of completion of the trial bum, or later if approved

by the commissioner.

(ix) All data collected during any trial bum must be submitted to the commissioner

following the completion of the 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) of this 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) of this

Subpart.

(3) For the purposes of allowing operation of a new hazardous waste incinerator, following

completion of the trial burn and prior to final modification of the 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 sufficient to meet the requirements

of section 373-2.15(1) of this Part. in the permit to a new hazardous waste incinerator. These

permit conditions will be effective for the minimum time required to complete sample analysis,

date computation and submission of the trial burn results by the applicant. and modification of

the facility permit by 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) of this 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) of tbis Part.

(4) For the purposes of determining feasibility of compliance with the performance standanis of section 373-2.15(d) of this Part, and of determining adequate operating conditions

.under section 373-2.15(f) ofthis Part, the applicant for a pennit for an existing 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) of this 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) of this subdivision. The contents of the notice must include: the name and telephone

number of a contact person at the facility; the name and telephone number of a contact office at

the permitting agency; the location where the trial 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 of the 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) of this Pan and, therefore, are exempt from the requirement to conduct a

trial bum. Applicants who submit trial bum plans and receive approval before submission of a

pennit application must complete the trial burn and submit the results, specified in subparagraph (2)(vii) of this subdivision, with the pennit application. If the completion of this process

conflicts with the date set for submission of the permit application, the applicant must contact

the commissioner to establish a later date for submission of the application or the trial burn

results. Trial burn results must be submitted prior to issuance of the permit. When the 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) Permits for land treatment demonstrations using field test or laboratory analyses. (1)

To allow an owner or operator to meet the treatment demonstration requirements of section

373~2.13(c) of this 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 permit may be issued either as a treatment or disposal pennit covering only

the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, Or

laboratory analyses, and design, construction, operation and maintenance of the land treatment

unit.

(i) The commissioner may issue a two~phase facility permit if the commissioner finds

that, based on information submitted in the application although incomplete or inconclusive,

substantial information already exists upon which to base the issuance of a facility permit.

6176 Conservation Ol/31100
CHAPTER IV QUALITY SERVICES § 373-1.9

(ii) If the commissioner finds that not enough information exists upon which the commissioner can establish permit conditions to attempt to provide for 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

of the tests or analyses and, in the case of field 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) of this 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) of this Subpart, that the field tests or laboratory analyses have been carried out in

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) If the commissioner determines that the results of the field tests or laboratory analyses

meet the requirements ofsection 373~2.l3(c) of this Part, the second phase ofthe permit will be

modified to incorporate any requirements necessary for operation of the facility in compliance

with section 373-2.13, based upon the results of the field tests or laboratory analyses.

(i) This permit modification may proceed as a minor modification under section

373-1.7(c) of this Subpart, provided any such change is minor, or otherwise must proceed as

a modification under section 373-1.7.

(ii) If no modifications of the second phase of the pennit are necessary, or if only minor

modifications are necessary and have been made, the commissioner will give notice of his or

her final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision of the second phase

of the permit

(iii) lfmodifications under section 373-1.7(b) of this Subpart are necessary, the second

phase of the permit shall become effective only after those modifications have been made.

(c) Research. development, and demonstration permits. 0) The commissioner may 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 of human health and the environment The pennits:

(1) must provide for the construction of facilities as necessary, and for operation of the

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 of the technology or process and the

effects of such 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

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§ 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 of the facility.

(2) For the purpose of expediting review and issuance of pennits under this section, the

commissioner may, consistent with the protection of human health and the environment,

modify or waive pennit application and permit issuance requirements in this Subpart and Parts

621 and 624 of this Title except that there may be no modification or waiver of regulations

regarding financial responsibility (including insurance) or of procedures regarding public

participation.

(3) The commissioner may order an immediate tennination of all 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 of section 401 of the State Administrative Procedure Act.

(4) Permits issued under this subdivision may be renewed not more than three times. Each

renewal period will not exceed one year.

(d) Pennits for boilers and industrial furnaces 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 of this Title) are subject to paragraphs (2) through

(6) of this subdivision. Boilers and industrial furnaces operating under the interim status

standards of section 374~ 1.8(d) of this Title are subject to paragraph (7) of this 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 of hazardous

waste and ending with initiation of the 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, including but not limited

to, allowable hazardous waste feed rates and operating conditions. The commissioner may

extend the duration of this operational period once, for up to 720 additional hours, at the

request of the applicant when good cause is shown. The permit may be modified to reflect

the extension according to section 373~ 1.7 of this 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) of this 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) of this 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 the performance standards ofsection 374-1.8(e) through(h) of this Title

based on his/her engineering judgment.

(ii) Trial bum period. For the duration of the triaJ burn, the commissioner must establish

conditions in the permit for the purposes of detennining feasibility of compliance 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) of this 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 of the 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 of the trial bum results and

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CHAPTER IV QUALITY SERVICES § 373-1.9

type of boiler or industrial furnace;

maximum design capacity in appropriate units;

modification of the facility permit by the commissioner to reflect the trail bum results, the

commissioner will establish the operating requirements most likely to ensure compliance

with the perfonnance standards of section 374-1.8(c) through (h) of this Subpart based on

hislhcr engineering judgment.

(b) Applicants must submit a statement, with the Part 373 application, that identifies

the conditions necessary to operate during this period in compliance with the performance

standards of section 374-1.8(e) through (h) of this Subpart This statement should include,

at a minimum, restrictions on the operating requirements provided by section

374.1.8(e)(5) of this 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 engineering judgement.

(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) of this Subpart that

reflect conditions in the trial bum plan and are likely to ensure compliance with the

performance standards of section 374-1.8(e) through (h) of this 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 pennit modification

shall proceed according to section 373-1.7 of this 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

of the information provided, and may require the applicant to supplement this information, if

necessary, to achieve the purposes of this paragraph:

(i) an analysis of each feed stream, including hazardous waste, other fuels, and industrial

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 of the physical fonn of the feed stream;

(ii) an analysis of each hazardous waste, as fired, including:

(a) an identification of any hazardous organic constituents listed in Appendix 23 of

this Title, that are present in the feed stream, except that the applicant need not 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) of this 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 of blending procedures, if applicable, prior to firing the hazardous

waste, including a detailed analysis of the hazardous waste prior to blending, an analysis

of the material with which the hazardous waste is blended, and blending ratios;

(iii) a detailed engineering description of the boiler or industrial furnace, including:

(a) manufacturer's name and model number of the boiler or industrial furnace;

(b)

(e)

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§ 373-1.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) description of the feed system for the hazardous waste, and, as appropriate, other

fuels and industrial furnace feedstocks;

(e) capacity of hazardous waste feed system;

(f) description of automatic hazardous waste feed cutoff systcrn(s);

(g) description of any air pollution control system; and

(h) description of stack gas 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 detailed test 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) a detailed test protocol, including, for each hazardous waste identified, the ranges of

hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial

furnace feedstocks, and any other relevant parameters that may affect the 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 of an equipment malfunction;

(ix) such other information as the commissioner reasonably finds necessary to determine whether to approve the trial bum plan in light of the purposes of this paragraph and the

criteria in SUbparagraph (2)Oi) of this 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) of this Subpart under an approved trial burn plan.

(ii) The commissioner shall approve a trial burn plan if he/she finds that:

(a) the trial burn is likely to determine whether the boiler or industrial furnace can

meet the perfonnance standards of section 374-1.8(e) through (h) of this Subpart;

(b) the trial burn itself will 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) of this Title; and

(d) the infonnation sought in the trial bum cannot reasonably be developed through

other means.

(iii) The commissioner must send a notice to all persons on the facility mailing list as set

forth in section 621.6 of this Title and to the appropriate units of local government as set

forth in section 621.6 of this Title announcing the scheduled conunencement 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 of the facility or the pennitting agency.

(b) This notice must contain:

(1) the name and telephone number of applicant's contact person;

(2) the name and telephone number of the pennitting agency contact office;

(3) the location where the approved trial burn plan and anysupponing documents

can be reviewed and copied; and

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CHAPTER IV QUALITY SERVICES § 373-1.9

(4) an expected time period for commencement and completion of the trial bum.

(iv) The applicant must submit to the commissioner a certification that the trial burn has

been carried out in accordance with the approved trial bum plan, and must submit the results

of all the determinations required in paragraph (3) of this 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 of the 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) of this Subpart.

(5) Special procedures for DRE trial bums. When a DRE trial bum is required under

section 374-1.8(e)(1) of this 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 of this 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) of this Title:

(a) a quantitative analysis of the trial POHC's in the hazardous waste feed;

(b) a quantitative analysis of the stack gas for the 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) of this 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 of the stack gas for the concentration

and mass emission rate of the 2.3,7 ,8~chlorinated tetra-octa cogeners of chlorinated dibenzop-dioxins and furans, and a computation showing conformance with the emission standard;

(iv) when a trial burn for particulate matter, metals, or HCI/Cl2 is required under section

374-1.8(f), (g)(3). (4), (h)(2)(ii) or (h)(3) of this Subpart, a quantitative analysis of the 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) of this Subpart, a quantitative analysis of the

scrubber water (if any), ash residues, other residues, and products for the purpose of

estimating the fate of the trial POHC's, metals, and chlorine/chloride;

(vi) an identification of sources of fugitive emissions and their means of control;

(vii) a continuous measurement of carbon 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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374-1.8(e) through (h) of this Title and to establish the operating conditions required by

section 374-L8(c)(S) of this Title as necessary to meet those performance standards.

(7) Interim status boilers and industrial furnaces. For the purpose of determining feasibility

of compliance with the performance standards of section 374~ I.S(e) through (h) of this 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) of this Title must either prepare and submit a trial

burn plan and perform a trial bum in accordance with the requirements of this subdivision or

submit other information as specified in 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 of this subdivision. The contents of the

notice must include: the name and telephone number of a contact person at the facility; the

name and telephone number of a contact office 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. If completion of this

process conflicts with the date set for submission ofthe Part 373 application, the applicant must

contact the commissioner to establish a later date for submission of the 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

prior to 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 of this 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 after filing. Added (e).

§ 373-1.10 Expanded public participation.

(a) Pre·applicatioll public meeting and notice. (1) Applicability. The requirements of this

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 of permits 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) of this Subpart or would substantially alter the facility or its operation. The

requirements of this 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 at a facility. or to applications that are submitted for the sole purpose of conducting postclosure activities or post-closure activities and corrective action at a facility.

(2) Definitions. (i) Facility mailing list means the mailing list for a facility maintained

by the department in accordance with section 621.6 of this Title.

(3) Prior to the submission of a Part 373 permit application for a facility, the applicant must

hold at least one meeting: with the public in order to solicit questions from the community and

inform the community of proposed 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 of the meeting, along with the list of attendees

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 of the Part

373 application. in accordance with section 373-1.5(a)(2) of this SUbpart.

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(5) The applicant must provide public notice ofthe pre-application meeting at least 30 days

prior to the meeting. The applicant must maintain and provide to the department upon request,

documentation of the notice.

(i) The applicant shall provide public notice in all of the following forms:

(a) A newspaper advertisement. The applicant shall publish a notice, fulfilling the

requirements in subparagraph (ij) of this paragraph, in a newspaper of general circulation

in the county or equivalent jurisdiction that hosts the proposed location of the facility. In

addition. the commissioner shall instruct the applicant to publish the notice in newspapers

of general circulation in adjacent counties or equivalent jurisdictions. where the commissioner determines that such publication is necessary to inform the affected public. The

notice must be published as a display advertisement.

(b) A visible and accessible sign. The applicant shall post a notice on a clearly marked

sign at or near the facility. fUlfilling the requirements in SUbparagraph (ii) of this paragraph. If the 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) of this paragraph, at least once on at least one

local radio station or television station. The applicant may employ another medium with

prior approval of the commissioner.

(d) A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of local government. in accordance with section 621.6 of this Title.

(ii) The notices required under subparagraph (i) of this paragraph must include:

(a) the date, time, and location of the meeting;

(b) a brief description of the purpose of the meeting;

(c) a brief description ofthe facility and proposed operations, inclUding the address or

a map (e.g., a sketched or copied street map) of the facility location;

(d) a statement encouraging people to contact the facility at least 72 hours before the

meeting if they need special access to participate in the meeting; and

(e) the name, address, and telephone number of a contact person for the applicant.

(b) Public notice requirements at the application stage. (1) Applicability. The requirements of this subdivision shall apply to all Part 373 permit applications seeking initial permits

for hazardous waste management units. The requirements ofthis subdivision shall also apply to

Part 373 permit applications seeking renewal of permits for such units under section 373-1.8 of

this Subpart. The requirements of this 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 of this Title, that a Part 373 pennit application has

been submitted to the department and is available for review.

(ii) The notice shall be published within a reasonable period of time after the application

is received by the commissioner. The notice must include:

(a) the name and telephone number of the applicant's contact person;

(b) the name and telephone number of the 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 of the permit application and any supporting documents

can be viewed and copied;

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(e) a brief description of the facility and proposed operations, including the address or

a map (e.g., a sketched or copied street map) of the facility location on the front page of

the notice; and

(j) the date that the 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 of the facility or at the department's office.

(c) [nfonnation repository. (l) Applicability. The requirements of this 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 of public interest; the type of facility; the

presence of an existing repository; and the proximity to the nearest copy of the administrative

record. Ifthe commissioner determines, at any time after submittal of a permit application, 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) of this Subpart

for similar provisions relating to the informatIon repository during the life of a 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 of the repository.

(4) The information repository shall be located and maintained at a site chosen by the

facility. If the commissioner finds 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 commissioner may close the repository at his or her discretion. based on the factors

in paragraph (2) of this 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 special fonnat? 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. For this section, "I" and "you" refer to the owner/

perator.

(b) General injomwtion. (1) What is a RAP?

(i) A RAP is a special form of a Part 373 permit that you, as an owner or operator, may

obtain. instead of a permit issued under this Subpart except section 373-1.3 of this Subpart

and this section, to authorize you to treat. store. or dispose of hazardous remediation waste

(as defined in section 370.2(b] of this Title) at a remediation 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) of this section.

(ii) The requirements in this Subpart 373-1 except sections 373-1.3 of this 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) of this section. The definitions in

section 370.2 of this Title apply to RAPs.

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CHAPTER IV QUALITY SERVICES § 373-1.11

(iii) Notwithstanding any other provision of this Subpart, any document that meets the

requirements in this paragraph constitutes a treatment. storage or disposal facility permit

under section 27-0913 of the Environmental Conservation Law.

(iv) A RAP may be:

(a) a stand-alone document that includes only the information and conditions required

by this section: or

(b) part (or pans) of another document that includes information and/or conditions for

other activities at the remediation waste management site, in addition to the information

and conditions required by this section.

(v) If you are treating, storing, or disposing of hazardous remediation wastes as part of a

cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your

obligations under those authorities in any way.

(vi) If you receive a RAP at a facility operating under interim status, the RAP does not

terminate your interim status.

(2) When do I need a RAP?

(i) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner

that requires a Part 373 permit under section 373-1.1 of this Subpart, you must either obtain:

(a) a State permit according to this Subpart except section 373-1.3 of this Subpart and

this section; or

(b) a RAP according to this section.

Oi) Treatment units that use combustion of hazardous 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 of section 373-1.7 of this 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 of this Subpart do

not apply; instead, you must submit the information required under paragraph (c)(4) of this

section. \Vhen your pennit is modified, the RAP becomes part of the 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 suspended or when it expires, the entire pennit will be processed according to the

applicable requirements in Part 621 of this Title. At that time, the applicable requirements of

subdivision (e) of this section also apply to the RAP portion of the permit.

(3) Does my RAP grant me any rights or relieve me of any obligations? Compliance with 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) of this Subpart.

(e) Applying for 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 administrator according 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, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP

application.

(3) Who must sign the application and any required reports for a RAP? Both the owner and

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 certification required under section 373-1.4(a)(5)(iv)(a) of this Subpart. However. the

owner may choose the alternative certification under section 373~ L4(a)(5)(iv)(b) of this Subpart if the operator certifies under section 373-1.4(a)(5)(iv)(a) of this 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, and EPA identification number of the remediation waste management site;

(ii) the name, address, and telephone number of the owner and operator;

(iii) the latitude and longitude of the site;

(iv) the United States Geological Survey (USGS) or county map showing the location of

the remediation waste management site;

(v) a scaled drawing of the remediation waste management site showing:

(a) the remediation waste management site boundaries;

(b) any significant physical structures; and

(c) the boundary of all areas on-site where remediation waste is to be treated, stored or

disposed;

(vi) a specification of the hazardous remediation waste to be treated, stored or disposed

of at the facility or remediation 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 of the quantity of these wastes; and

(c) a description of the processes you will use to treat, store, or dispose of this waste

including technologies, handling systems, design and operating parameters you will use to

treat hazardous remediation wastes before disposing of them according to the LDR

standards of Part 376 of this 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, and Part 376 of this 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 of this Title; and

Ox) any other infoffilation the department decides is necessary for demonstrating compliance with this Subpart or for detennining any additional RAP conditions that are necessary to protect human health and the environment.

(5) What if I want to keep this infonnation confidential? Section 616.7 of this Title allows

you to claim as confidential any or all of the 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. If you do assert a claim at the time you submit the information,

the department will treat the infonnation according to the procedures in Part 616 ofthis Title. If

you do not assert a claim at the time you submit the information, the department may make the

information available to the public without further notice to you. The department will deny any

requests for confidentiality of your name and/or address.

(6) To whom must I submit my RAP application? You must submit your application for a

RAP to the regional permit administrator for approvaL

(7) If I submit my RAP application as part of another document, what must I do? If you

submit your application for a RAP as a part of another document, you must clearly identify the

components of that document that constitute your RAP application.

(d) Getting a RAP approved. (I) What is the process for approving or denying my

application for a RAP?

(0 If the department tentatively finds that your RAP application includes all of the

information required by paragraph (c)(4) of this section and that your proposed remediation

waste management activities meet the regulatory standards, the department will make a

6186 Conservation
CHAPTER IV QUALITY SERVICES § 373-1.11

tentative decision to approve your RAP application. The department will then prepare a draft

RAP and provide an opportunity for public comment before making a final decision on your

RAP application, according to this section.

(ii) If the department tentatively finds that your RAP application does not include all of

the infonnation required by paragraph (c)(4) of this 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.If you fail or refuse to provide any additional information the department requests, or to

correct any deficiencies in your RAP application, the department may make a tentative

decision to deny your RAP application. After making this tentative decision, the department

will prepare a notice of intent to deny your RAP application (notice of intent to deny) and

provide an opportunity for public comment before making a final decision on your RAP

application. according to the requirements in this section. The department may deny the RAP

application either in its entirety or in part

(iii) The processes outlined in this subdivision are consistent with and are to be read in

conjunction with Part 621 of this Title.

(2) What must the department include in a draft RAP? If the department prepares a draft

RAP. it must include the:

(i) infonnation required in subparagraphs (c)(4)(i) through (vi) of this section;

(ii) the following terms and conditions:

(a) terms and conditions necessary to ensure that the operating requirements specified

in your RAP comply with applicable requirements of Subparts 373-2, 374-1, and Part 376

of this Title (including any recordkeeping and reporting requirements). In satisfying this

provision, the department may incorporate, expressly or by reference, applicable requirements of Subparts 373-2, 374-1, and Part 376 of this Title into the RAP or establish sitespecific conditions as tequired or allowed by Subparts 373-2, 374-1, and Part 376 of this

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) of this section; and

(d) any additional terms or conditions that the department determines are necessary to

protect human health and the environment, including any terms and conditions necessary

to respond to spills and leaks during use of any units permitted under the RAP; and

(iii) if the draft RAP is part of another 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 draft RAP.

(3) "What else must the department prepare in addition to the draft RAP or notice of intent

to deny? Once the department has prepared the draft RAP or notice of intent to deny, the

department must then:

(i) prepare a statement of basis that briefly describes the derivation of the conditions of

the draft RAP and the reasons for them, Or the rationale for the notice of intent to deny;

(ii) compile an administrative record, including:

(a) the RAP application, and any supporting data furnished by the applicant;

(b) the draft RAP or notice of intent to deny;

(c) the statement of basis and all documents cited therein (material readily available at

the issuing office or published material that is generally available need not be physically

included with the rest of the record, as long as it is specifically referred to in the statement

of basis); and

(d) any other documents that support the decision to approve or deny the RAP; and

(iii) make information contained in the administrative record available for review by the

public upon request.

02-15-2004 6187 Conservation
§ 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 department must send notice to you ofthe department's intention to approve or

deny your RAP application, and send you a copy of the statement of basis;

(b) you must publish a notice of the department's intention to approve or deny your

RAP application in a major local newspaper of general 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 of local government having jurisdiction over the

area in which your site is located, and to each State agency having any authority under

State law with respect to any construction or operations at the site and to individuals who

have requested to be notified of completeness for your application or for all RAPS. The

department shall also publish notice of complete application in the Environmental Notice

Bulletin, pursuant to Part 621 of this Title; and

(e) the department may provide or require you to provide other reasonable public

notice of complete application and opportunity for public comment, pursuant to Part 621

of this 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) of this paragraph must include:

(a) the name and address of the office processing the RAP application;

(b) the name and address of the RAP applicant, and if different, the remediation waste

management site or activity the RAP will regulate;

(c) a brief description of the 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 of basis, and the RAP application;

(e) a brief description 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 of procedures to request a

legislative hearing;

(h) the location of the administrative record, and times when it will be open for public

inspection; and

(0 any additional information the department considers necessary or proper.

(iv) If, within the comment period, the department receives written notice of opposition

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 of your 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 or oral comments. Whenever possible, 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 Conservation
CHAPTER IV QUALITY SERVICES § 373-1.11

paragraph. This notice must, at a minimum, include the information required by subparagraph (iii) of this paragraph and:

(a) reference to the date of any previous public notices relating to the RAP application;

(b) the date, time and place of the hearing; and

(c) a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(v) The determination to hold an adjudicatory pUblic hearing will be made pursuant to

Part 621 of this 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 information required by subparagraph (iii) of this paragraph.

(5) How will the department make a final decision on my RAP application? (i) The

department must consider and respond to any significant comments 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) If the department determines that your RAP includes the information and terms and

conditions required in paragraph (2) ofthis subdivision, then the department will issue a final

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) of this 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 application has 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 draft RAP, according to the requirements in this section.

(v) When the department issues its final RAP decision, it shall include notice of opportunity and procedures for requesting an adjudicatory hearing pursuant to Part 621 of this

Title if an 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

required by subparagraph (4)(iii) of this subdivision. The final decision on the RAP application will be made pursuant to and using the procedures of Part 624 of this Title.

(vi) Before issuing the final RAP decision, the department must compile 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 of basis or the 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] of this suhdivision) and:

(a) all comments received during the public comment period;

(b) tapes or transcripts of any 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) a copy of the 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 of this 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 infonnation required by subparagraph (4)(iii) of this subdivision. The process for

adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could

seek judicial review of the department's actions, pursuant to article 78 of Civil Practice Law

and Rules (CPLR).

(7) When does my RAP become effective? Your RAP becomes effective 30 days after the

department notifies you and all commenters that your RAP is approved unless the department

specifies a later effective date in the decision.

(8) When may I begin physical construction of new units pennitted under the RAP? You

must not begin physical construction of new units pennitted under the RAP for treating, storing

or disposing of hazardous remediation waste before receiving a finally effective RAP.

(e) How may my RAP be renewed, modified. revoked, orsuspended? (1) After my RAP is

issued, how may it be renewed, modified, revoked or suspended?

(i) The procedures for renewing, modifying, revoking, or suspending a RAP are set forth

in Part 621 of this 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, or upon the initiative ofthe department, on any of the grounds set forth in Part 621

of this Title.

(iii) In addition to subparagraph (ii) of this paragraph, the department may modify your

final RAP if one or more of the 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 of RAP

issuance and would have justified applying different RAP conditions at the time of

issuance;

(c) the standards or regulations on which the RAP was based have changed because of

new or amended statues, standards or regulations, or by judicial 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 of your RAP;

(j) you failed in the application or during the RAP issuance process to disclose fully

all relevant facts, or you misrepresented any relevant facts at the time;

(g) the deparnnent has detennined that the activity authorized by your RAP endangers human health or the 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] of this Subpart) of a proposed transfer of a RAP.

(iv) In addition to subparagraph (ii) of this paragraph, the department may revoke or

suspend your final RAP if one or more of the reasons listed in clauses (iii)(e) through (h) of

this paragraph exist.

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CHAPTER IV QUALITY SERVICES § 373-1.11

(v) Notwithstanding any other provision in this paragraph. when the department reviews

a RAP for a land disposal facility under paragraph (3) of this subdivision, the department

may modify the pennit as necessary to assure that the facility continues to comply with the

currently applicable requirements in Parts 370 through 374, 376 and 621 of this Title.

(vi) The department will not reevaluate the suitability of the facility location at the time

of RAP modification unless new infonnation or standards indicate that a threat to human

health or the environment exists that was unknown when the RAP was issued.

(vii) If you 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

required by Part 621 of this Title.

(2) May the decision to approve or deny a modification, revocation, suspension, or renewal

of my RAP be administratively appealed?

(i) Paragraph (d)(6) of this section applies to modification, revocation, suspension. or

renewal of your RAP. The process to request an adjudicatory hearing is provided in Part 621

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) of this section. The process for

adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could

seek judicial review of the department's action pursuant to article 78 of Civil 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 of issuance or reissuance and you or the department must

follow the requirements for modifying your RAP as necessary to assure that you continue to

comply with currently applicable requirements in ReRA sections 3004 and 3005.

(4) What happens if I have applied correctly for a RAP renewal 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, but the department, wough no fault of yours, has not issued a new 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 of your new RAP or RAP denial.

(f) Operating under your RAP. (I) What records must I maintain concerning my RAP?

You are required to keep records of:

(i) all data used to complete RAP applications and any supplemental information that

you submit for a period of at 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

condition of your RAP.

(2) How are time periods in the requirements in this Subpart and my RAP computed?

(i) Any time period scheduled to begin on the occurrence of an act or event must begin

on the day after the act or event

(ij) Any time period scheduled to begin before the occurrence of an act or event must be

computed so that the period ends on the day before the act or 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

prescribed period after the service of notice or other paper upon the party or interested person

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 of paragraph (e)( 1) of this section. The new owner/operator must submit a revised

RAP application no later than 180 days before the scheduled change along with a written

agreement containing a specific date for transfer of RAP responsibility between you and the

new permittees.

(ii) When a transfer of ownership or operational control occurs, you as the old owner or

operator must comply with the applicable requirements in section 373~2.8 (Financial re~

quirements) ofthis Part until the new owner or operator has demonstrated that the new owner

or operator is complying with the requirements in that section. The new owner or operator

must demonstrate compliance with section 373-2.8 of this Part within six months of the 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 of this Part to the department, the department will notify you that you no longer need

to comply with section 373-2.8 of this Part as of the date of demonstration,

(g) Obtaining a RAP for 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 area or areas in close proximity.

(ii) If the deparnnent determines that an alternative location, removed from the area

where the remediation waste originated, is more protective than managing remediation waste

at the area of contamination 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 and requirements in this section and Part 621 of this Title.

(iv) A RAP for an alternative location must also meet the 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 the remediation wastes originated;

(b) the RAP is subject to the expanded public participation requirements in section

373-1.l0(a), (b), and (c) of this Subpart;

(c) the RA.P is subject to the public notice requirements in Part 621 of this Title,

(v) These alternative locations are remediation waste management sites, and retain the

following benefits of remediation.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 of this Part.

Historical Note

Sec. filed Jan. 14.2002; arnd. filed Feb. 10,2004 eff. 60 days after filing. Amended (c)(4),

(d)(4)-(7), (e)(1)-(2). (4), (g)(l),

6188.4 Conservation 02-15~2oo4