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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.29 - Air emission standards for tanks, surface impoundments, and containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The
					 requirements of this section apply to owners and operators of all facilities that
					 treat, store, or dispose of hazardous waste in tanks, surface impoundments, or
					 containers subject to either section
					 373-3.9,
					 373-3.10 or
					 373-3.11  of
					 this Subpart except as section
					 373-3.1  and paragraph (2)
					 of this subdivision provide otherwise.
(2) The requirements of this section do not
					 apply to the following waste management units at the facility:
(i) a waste management unit that holds
					 hazardous waste placed in a unit before December 6, 1996, and in which no
					 hazardous waste is added to the unit on or after December 6, 1996;
(ii) a container that has a design capacity
					 less than or equal to 0.1 m3;
(iii) a tank in which an owner or operator has
					 stopped adding hazardous waste and the owner or operator has begun implementing
					 or completed closure pursuant to an approved closure plan;
(iv) a surface impoundment in which an owner or
					 operator has stopped adding hazardous waste (except to implement an approved
					 closure plan) and the owner or operator has begun implementing or completed
					 closure pursuant to an approved closure plan;
(v) a waste management unit that is used solely
					 for on-site treatment or storage of hazardous waste that is placed in the unit as
					 a result of implementing remedial activities required under the corrective action
					 authorities of RCRA section 3004(u), 3004(v), or 3008(h); CERCLA authorities; or
					 similar Federal or State authorities including, but not limited to, 6 NYCRR Parts
					 373 and 375, ECL 71-2727(3), and ECL article 27, titles 9 and 13;
(vi) a waste management unit that is used
					 solely for the management of radioactive mixed waste in accordance with all
					 applicable regulations under the authority of the Atomic Energy Act and the
					 Nuclear Waste Policy Act;
(vii) a
					 hazardous waste management unit that the owner or operator certifies is equipped
					 with and operating air emission controls in accordance with the requirements of
					 an applicable Clean Air Act regulation codified under                        40 CFR part 60, part 61, or
					 part 63 as incorporated by reference in section
					 370.1(e) 
					 of this Title. For the purpose of complying with this paragraph, a tank for which
					 the air emission control includes an enclosure, as opposed to a cover, must be in
					 compliance with the enclosure and control device requirements of paragraph (f)(9)
					 of this section, except as provided in subparagraph (d)(3)(v) of this section;
					 and
(viii) a tank that has a process
					 vent as defined in section
					 373-2.27(b) 
					 of this Title.
(3) For the
					 owner or operator of a facility subject to this section who has received a final
					 permit under this Part, prior to December 6, 1996, the following requirements
					 apply:
(i) The requirements of section
					 373-2.29 
					 of this Part shall be incorporated into the permit when the permit is reissued in
					 accordance with the requirements of Part 621 of this Title or reviewed in
					 accordance with the requirements of section
					 373-1.8 
					 of this Part.
(ii) Until the date
					 when the permit is reissued in accordance with the requirements of Part 621 of
					 this Title or reviewed in accordance with the requirements of section
					 373-1.8 
					 of this Part, the owner or operator is subject to the requirements of this
					 section.
(4) The
					 requirements of this section, except for the recordkeeping requirements specified
					 in paragraph (k)(9) of this section, are administratively stayed for a tank or a
					 container used for the management of hazardous waste generated by organic
					 peroxide manufacturing and its associated laboratory operations when the owner or
					 operator of the unit meets all of the following conditions:
(i) The owner or operator identifies that the
					 tank or container receives hazardous waste generated by an organic peroxide
					 manufacturing process producing more than one functional family of organic
					 peroxides or multiple organic peroxides within one functional family, that one or
					 more of these organic peroxides could potentially undergo self-accelerating
					 thermal decomposition at or below ambient temperatures, and that organic
					 peroxides are the predominant products manufactured by the process. For the
					 purpose of meeting the conditions of this paragraph,
organic
					 peroxide
means an organic compound that contains the bivalent -O-O-
					 structure and which may be considered to be a structural derivative of hydrogen
					 peroxide where one or both of the hydrogen atoms has been replaced by an organic
					 radical.
(ii) The owner or operator
					 prepares documentation, in accordance with the requirements of paragraph (k)(9)
					 of this section, explaining why an undue safety hazard would be created if air
					 emission controls specified in subdivisions (f) through (i) of this section are
					 installed and operated on the tanks and containers used at the facility to manage
					 the hazardous waste generated by the organic peroxide manufacturing process or
					 processes meeting the conditions of subparagraph (i) of this paragraph.
(iii) The owner or operator notifies the
					 commissioner in writing that hazardous waste generated by an organic peroxide
					 manufacturing process or processes meeting the conditions of subparagraph (i) of
					 this paragraph are managed at the facility in tanks or containers meeting the
					 conditions of subparagraph (ii) of this paragraph. The notification shall state
					 the name and address of the facility, and be signed and dated by an authorized
					 representative of the facility owner or operator.