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 373-3.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose, scope and applicability.
(1) The purpose of this Subpart is to establish
					 minimum statewide standards that define the acceptable management of hazardous
					 waste during the period of interim status and until certification of final
					 closure or, if the facility is subject to post-closure requirements, until
					 post-closure responsibilities are fulfilled.
(2) Except as provided in section
					 373-3.29(a)(2) 
					 of this Subpart, the standards in this Subpart, and of section
					 373-2.19(a), (b) and
					 (c)  of this Part, apply to owners and operators
					 of facilities which treat, store or dispose of hazardous waste who have fully
					 complied with the requirements for interim status under section
					 373-1.3  of this
					 Part, until final disposition of their permit application is made, or until
					 applicable Subpart 373-3 closure and post-closure responsibilities are fulfilled,
					 and to those owners and operators of facilities in existence on November 19,
					 1980, who have failed to provide timely notification as required by Subpart 373-1
					 of this Part and/or failed to file part A of the permit application as required
					 by section
					 373-1.3(b), (d), (e) and
					 (i)  of this Part. These standards apply to all
					 treatment, storage or disposal of hazardous waste at these facilities after
					 November 19, 1980, except as specifically provided otherwise in Part 371 of this
					 Title.
Note:
After the effective date of November 19, 1980, and as
						stated in Subpart 373-1 of this Part, the treatment, storage or disposal of
						hazardous waste at a new facility is prohibited except in accordance with a
						permit or at those facilities which qualify for interim status after this
						date.
(3) The requirements of
					 this Subpart apply to a person disposing of hazardous waste by means of ocean
					 disposal, subject to a permit issued under the Marine Protection, Research, and
					 Sanctuaries Act, only to the extent they are required by the exemption granted to
					 such a person under section
					 373-1.1(d) 
					 of this Part.
Note:
These Subpart 373-3 regulations do apply to the treatment
						or storage of hazardous waste before it is loaded onto an ocean vessel for
						incineration or disposal at sea.
(4) [
Reserved
]
(5) The requirements of this Subpart apply to a
					 person whose facilities or portion of facilities are exempted under section
					 373-1.1(d) 
					 of this Part only to the extent they are required by an exemption granted to such
					 a person under section
					 373-1.1(d).
(6) The requirements of this Subpart apply to
					 those portions of a facility managing the recyclable materials described in
					 section
					 373-1.1(g)(1)(ii), (iii) and
					 (iv)  of this Part only to the extent that
					 requirements of this Subpart are referred to in sections
					 374-1.3,
					 374-1.6,
					 374-1.7
					 or
					 374-1.8 
					 or Subpart 374-2 of this Title.
(7)
					 The following hazardous wastes must not be managed at facilities subject to
					 regulation under this Subpart:
(i) EPA
					 hazardous waste number F020, F021, F022, F023, F026 or F027 unless:
(a) the wastewater treatment sludge is
					 generated in a surface impoundment as part of the facility's wastewater treatment
					 system;
(b) the waste is stored in
					 tanks or containers;
(c) the waste is
					 stored or treated in waste piles that meet the requirements of section
					 373-2.12(a)(3) 
					 of this Part as well as all other applicable requirements of section
					 373-3.12  of this
					 Subpart;
(d) the waste is burned in
					 incinerators that are certified pursuant to the standards and procedures in
					 section
					 373-3.15(f) 
					 of this Subpart; or
(e) the waste is
					 burned in facilities that thermally treat the waste in a device other than an
					 incinerator and that are certified pursuant to the standards and procedures in
					 section
					 373-3.16(g) 
					 of this Subpart.
(8) The requirements of this Part apply to
					 owners or operators of all facilities which treat, store or dispose of hazardous
					 waste referred to in Part 376 of this Title, and the Part 376 standards are
					 considered material conditions or requirements of this Subpart.
(9) Universal waste handlers and transporters
					 (as defined in section
					 370.2(b)  of this
					 Title) are subject to regulation under Subpart 374-3 of this Title, when handling
					 the below-listed universal wastes:
(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) mercury-containing
					 equipment as described in section
					 374-3.1(d)  of this
					 Title;
(iv) lamps as described in
					 section 374-3.1(e)  of this
					 Title;
(v) aerosol cans as described
					 in section 374-3.1(f)  of this
					 Title; and
(vi) paint as described in
					 section 374-3.1(g)  of this
					 Title.
(10) Section
					 374-1.13(f) 
					 of this Title identifies when the requirements of this Subpart apply to the
					 storage of military munitions classified as solid waste under section
					 374-1.13(c) 
					 of this Title. The treatment and disposal of hazardous waste military munitions
					 are subject to the applicable permitting, procedural, and technical standards in
					 Parts 370 through Subpart 374-1 and Part 376 of this Title.