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 373-2 - Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities › Section 373-2.28 - Air emission standards for equipment leaks

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations in this section apply to
					 owners and operators of facilities that treat, store, or dispose of hazardous
					 wastes (except as provided in section
					 373-2.1[a] 
					 of this Subpart).
(2) Except as
					 provided in paragraph (o)(11) of this section, this section applies to equipment
					 that contains or contacts hazardous wastes with organic concentrations of at
					 least 10 percent by weight that are managed in one of the following:
(i) a unit that is subject to the permitting
					 requirements of Subpart 373-1 of this Part; or
(ii) a unit (including a hazardous waste
					 recycling unit) that is not exempt from permitting under the provisions of
					 section
					 372.2(a)(8)(ii) 
					 of this Title (
i.e.,
a hazardous waste recycling unit that is
					 not a "90-day" tank or container) and that is located at a hazardous waste
					 management facility otherwise subject to the permitting requirements of Subpart
					 373-1 of this Part; or
(iii) a unit
					 that is exempt from permitting under the provisions of section
					 372.2(a)(8)(ii) 
					 of this Title (
i.e.,
a "90-day" tank or container) and is not a
					 recycling unit under the provisions of section
					 371.1(g) 
					 of this Title.
(3) For the
					 owner or operator of a facility subject to this section and who received a final
					 permit under section 3005 of RCRA or Subpart 373-1 of this Part prior to December
					 6, 1996, the requirements of this section shall be incorporated into the permit
					 when the permit is reissued in accordance with the requirements of section
					 621.11 
					 of this Title or reviewed in accordance with the requirements of section
					 373-1.8 
					 of this Part. Until such date when the owner or operator receives a final permit
					 incorporating the requirements of this section, the owner or operator is subject
					 to the requirements of section
					 373-3.28 
					 of this Part.
(4) Each piece of
					 equipment to which this section applies shall be marked in such a manner that it
					 can be distinguished readily from other pieces of equipment.
(5) Equipment that is in vacuum service is
					 excluded from the requirements of subdivisions (c) through (k) of this section if
					 it is identified as required in subparagraph (o)(7)(v) of this section.
(6) Equipment that contains or contacts
					 hazardous waste with an organic concentration of at least 10 percent by weight
					 for less than 300 hours per calendar year is excluded from the requirements of
					 subdivisions (c) through (k) of this section if it is identified as required in
					 subparagraph (o)(7)(vi) of this section.
(7) Purged coatings and solvents from surface
					 coating operations subject to the national emission standards for hazardous air
					 pollutants (NESHAP) for the surfacse coating of automobiles and light-duty trucks
					 at  40 CFR part 63, subpart III, as incorporated by reference in section
					 200.10 
					 of this Title, are not subject to the requirements of this section.
Note:
The requirements of subdivisions (c) through (p) of this
						section apply to equipment associated with hazardous waste recycling units
						previously exempt under section
						371.1(g)(3)(i) 
						of this Title. Other exemptions under sections
						371.1(e)
						 and
						373-2.1(a)(6) 
						of this Subpart are not affected by these
						requirements.