New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.5 - Contents of permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
(1) The permit application consists of a
					 completed part A application, the general information requirements of this
					 section, and the specific information requirements in subdivisions of this
					 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 determine compliance with the Subpart 373-2 standards. If the owner
					 and operator of a hazardous waste management facility can demonstrate, to the
					 department's satisfaction, that the information prescribed in this paragraph,
					 other than in the Part A application, cannot be provided to the extent required,
					 the department may make allowance for submission of such information on a
					 case-by-case basis. However, such submission must be sufficient to allow the
					 department to determine 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 firm registered to practice land
					 surveying in the State of New York. For post-closure permits, the information
					 specified in subdivision (o) 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 of this 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),
					 373-2.10(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 (i) 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 loading and unloading
					 operations. Physical hazards may be minimized, for example, by using ramps and
					 special forklifts. Procedures and equipment used to prevent or contain spills
					 must take into account the pressure and volume of the transfer lines, and the
					 time needed for an operator to respond to a spill (
e.g.,
failure
					 of a transfer line or connection point);
(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
(f) prevent releases to the
					 atmosphere.
(ix) 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 100-year flood plain. This identification must indicate the source of
					 data for such determination and include a copy of the relevant Federal Insurance
					 Administration (FIA) flood map, if used, or the calculations and maps used where
					 an FIA map is not available. Information shall also be provided identifying the
					 100-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.
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 100-year flood plain. However, where the FIA map
						excludes an area (usually areas of the flood plain less than 200 feet in width),
						these areas must be considered and a determination made as to whether they are in
						the 100-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
						100-year flood plain and, if so located, what the 100-year flood elevation would
						be.
(b) Owners and operators
					 of facilities located in the 100-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 100-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;
(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 of such 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, if the 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
					 373-2.10(h) 
					 of this 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 permit application.
(xvi) Where applicable, the most recent
					 post-closure cost estimate for the facility, prepared in accordance with section
					 373-2.8(e) 
					 of this Part, plus a copy of the 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 Part 373 permit application.
(xvii) Where applicable, a copy of the
					 insurance policy or other documentation which comprises compliance 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)(1) 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) 
					 of this Part.
(xviii)
					 [
Reserved
]
(xix) A
					 topographic map showing a distance of 1,000 feet around the facility at a scale
					 of 2.5 centimeters (1-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). 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) 100-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);
(f) 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 onsite 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 facilities, etc.);
(k) barriers for drainage or flood
					 control;
(l) 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) 
					 of this Title or a petition has been approved under section
					 376.1(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 of the plume on the
					 topographic map required under subparagraph (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,
					 supporting data and analysis to establish a detection monitoring program which
					 meets the requirements of section
					 373-2.6(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 ground-water
					 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 of section
					 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
					 of such 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)(1) 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
(f) 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;
(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 report
					 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 pertaining 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 ascertains it is necessary to complete a RCRA
					 facility assessment that will determine if a more complete investigation is
					 necessary.