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 373-2.27 - Air emission standards for process vents

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 for
					 paragraphs (e)(4) and (5) of this section, this section applies to process vents
					 associated with distillation, fractionation, thin-film evaporation, solvent
					 extraction, or air or steam stripping operations that manage hazardous wastes
					 with organic concentrations of at least 10 ppmw, if these operations are
					 conducted in one of the following:
(i) unit
					 that is subject to the permitting requirements of Subpart 373-1 of this Title;
					 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) 
					 (
i.e.,
a 90-day tank or container) of this Title and is not a
					 recycling unit under the provisions of section
					 371.1(g) 
					 of this Title.
(3) For the
					 owner and operator of a facility subject to this section and who received a final
					 permit under RCRA section 3005 (see section
					 370.1[e] 
					 of this Title) 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 and operator receive a final permit
					 incorporating the requirements of this section, the owner and operator are
					 subject to the requirements of section
					 373-3.27 
					 of this Part.
Note:
The requirements of subdivisions (c) through (g) of this
						section apply to process vents on 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 Title are not affected by these requirements.
(4) The requirements of this section do not
					 apply to the process vents at a facility where the facility owner or operator
					 certifies that all of the process vents that would otherwise be subject to this
					 section are equipped with and operating air emission controls in accordance with
					 the process vent 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. The documentation of compliance under Federal regulations at  40
					 CFR part 60, part 61, or part 63, as incorporated by reference in section
					 370.1(e) 
					 of this Title, shall be kept with, or made readily available with, the facility
					 operating record.