reglab/statecodes huggingface dataset:
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 373-1.9 - Special forms of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Hazardous waste incinerator permits.
Except as set forth in paragraph (5) of this subdivision,
						the standards of this subpart do not apply to a hazardous waste incineration unit
						that becomes subject to this Part permit requirements after October 12, 2005, or
						no longer apply to a hazardous waste incineration unit when the owner or operator
						of the hazardous waste incineration unit demonstrates compliance with the air
						emission standards and limitations in     40 CFR part 63, subpart EEE, as
						incorporated by reference and implemented by section
						200.10(a) and
						(d)  of this Title (
i.e.,
by
						conducting a comprehensive performance test and submitting a Notification of
						Compliance under
						40 CFR
						63.1207 [j] and 63.1210[d] of subpart EEE,
						documenting compliance with all applicable requirements of 40 CFR part 63,
						subpart EEE as incorporated by reference and implemented by section
						200.10[a] and
						[d]  of this Title).
(1) For the purposes of determining operational
					 readiness following completion of physical construction, the commissioner must
					 establish permit conditions, including but not limited to allowable waste feeds
					 and operating conditions, in the permit to a new hazardous waste incinerator.
					 These permit conditions will be effective for the minimum time required to bring
					 the incinerator to a point of operational readiness to conduct a trial burn, not
					 to exceed 720 hours operating time for treatment of hazardous waste. The
					 commissioner may extend the duration of this operational period once, for up to
					 720 additional hours, at the request of the applicant when good cause is shown.
					 The permit may be modified to reflect the extension according to section
					 373-1.7(c) 
					 of this Subpart (minor modifications of permit).
(i) Applicants must submit a statement with the
					 permit application which suggests the conditions necessary to operate in
					 compliance with the performance standards of section
					 373-2.15(d) 
					 of this part during this period. This statement must include, at a minimum,
					 restrictions on waste constituents, waste feed rates and the operating parameters
					 identified in section
					 373-2.15(f).
(ii) The commissioner will review this
					 statement and any other relevant information submitted with the permit
					 application, and specify requirements for this period sufficient to meet the
					 performance standards of section
					 373-2.15(d).
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 373-1.11 - Remedial action plans (raps)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Why is this section written in a special format?
This section is written in a special format to make it
						easier to understand the regulatory requirements. Like other State regulations,
						this establishes enforceable legal requirements. For this section, "I" and "you"
						refer to the owner/operator.
(b)
General information.
(1) What is a RAP?
(i) A RAP is a special form of a Part 373
					 permit that you, as an owner or operator, may obtain, instead of a permit issued
					 under this Subpart except section
					 373-1.3  of this
					 Subpart and this section, to authorize you to treat, store, or dispose of
					 hazardous remediation waste (as defined in section
					 370.2[b] 
					 of this Title) at a remediation waste management site. A RAP may only be issued
					 for the area of contamination where the remediation wastes to be managed under
					 the RAP originated, or areas in close proximity to the contaminated area, except
					 as allowed in limited circumstances under paragraph (g)(1) of this
					 section.
(ii) The requirements in
					 this Subpart 373-1 except sections
					 373-1.3  of this
					 Subpart and this section do not apply to RAPs unless those requirements for
					 traditional Part 373 permits are specifically required under subdivisions (b)
					 through (g) of this section. The definitions in section
					 370.2  of this Title
					 apply to RAPs.
(iii) Notwithstanding
					 any other provision of this Subpart, any document that meets the requirements in
					 this paragraph constitutes a treatment, storage or disposal facility permit under
					 section 27-0913  of the Environmental Conservation
					 Law.
(iv) A RAP may be:
(a) a stand-alone document that includes only
					 the information and conditions required by this section; or
(b) part (or parts) of another document that
					 includes information and/or conditions for other activities at the remediation
					 waste management site, in addition to the information and conditions required by
					 this section.
(v) If you
					 are treating, storing, or disposing of hazardous remediation wastes as part of a
					 cleanup compelled by Federal or State cleanup authorities, your RAP does not
					 affect your obligations under those authorities in any way.
(vi) If you receive a RAP at a facility
					 operating under interim status, the RAP does not terminate your interim
					 status.
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 373-1.12 - Integration with Maximum Achievable Control Technology (MACT) standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Options for
					 incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers,
					 liquid fuel boilers and hydrochloric acid production furnaces to minimize
					 emissions from startup, shutdown, and malfunction events.
(1) Facilities with existing permits.
(i) Revisions to permit conditions after
					 documenting compliance with MACT. The owner or operator of a Part 373-permitted
					 incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
					 fuel boiler, or hydrochloric acid production furnace may request that the
					 department address permit conditions that minimize emissions from startup,
					 shutdown, and malfunction events under any of the following options when
					 requesting removal of permit conditions that are no longer applicable according
					 to sections
					 373-2.15(a)(3)
					 and
					 374-1.8(a)(2) 
					 of this Title:
(a) retain relevant permit
					 conditions. Under this option, the department will:
(1) Retain permit conditions that address
					 releases during startup, shutdown, and malfunction events, including releases
					 from emergency safety vents, as these events are defined in the facility's
					 startup, shutdown, and malfunction plan required under    40 CFR part 63, section
					 1206(c)(2)  of subpart EEE, as incorporated by reference and implemented by
					 section
					 200.10(a) and
					 (d)  of this Title; and
(2) Limit applicability of the permit
					 conditions identified in subclause (
1
) of this clause to the
					 period when the facility is operating under its startup, shutdown, and
					 malfunction plan.
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 373-2.2 - General facility standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 in this section apply to owners and operators of all hazardous waste facilities,
					 except as provided in section
					 373-2.1  of this Subpart and
					 in paragraph (2) of this subdivision.
(2) Paragraph (j)(1) of this section applies
					 only to facilities subject to regulations under sections
					 373-2.9
					 through
					 373-2.15 and
					 373-2.24  of
					 this Subpart.
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 373-2.3 - Preparedness and prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of all hazardous waste facilities, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Design and operation of
					 facility.
Facilities must be designed, constructed, maintained and
						operated to minimize the possibility of a fire, explosion or any unplanned sudden
						or nonsudden release of hazardous waste or hazardous waste constituents to air,
						soil or surface water which could threaten human health or the
						environment.
(c)
Required equipment.
All facilities must be equipped with the following, unless
						it can be demonstrated to the commissioner that none of the hazards posed by
						waste handled at the facility could require a particular kind of equipment
						specified below:
(1) an internal
					 communications or alarm system capable of providing immediate emergency
					 instruction (voice or signal) to facility personnel;
(2) a device, such as a telephone (immediately
					 available at the scene of operations) or a hand-held two-way radio, capable of
					 summoning emergency assistance from local police departments, fire departments,
					 or State or local emergency response teams;
(3) portable fire extinguishers, fire control
					 equipment (including special extinguishing equipment, such as that using foam,
					 inert gas or dry chemicals), spill control equipment and decontamination
					 equipment; and
(4) water at adequate
					 volume and pressure to supply water hose streams, foam-producing equipment,
					 automatic sprinklers or water spray systems.
Note:
Subpart 373 -1 of this Part requires that an owner or
						operator who wishes to make the demonstration referred to above must do so with
						the permit application.
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 373-2.4 - Contingency plan and emergency procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of all hazardous waste facilities, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Purpose and implementation of
					 contingency plan.
(1) Each owner or
					 operator must have a contingency plan for his facility. The contingency plan must
					 be designed to minimize hazards to human health or the environment from fires,
					 explosions, or any unplanned sudden or nonsudden release of hazardous waste or
					 hazardous waste constituents to air, soil or surface water.
(2) The provisions of the plan must be carried
					 out immediately whenever there is a fire, explosion or release of hazardous waste
					 or hazardous waste constituents which could threaten human health or the
					 environment.
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 373-2.5 - Manifest system, recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of both onsite and offsite facilities, except as section
						373-2.1(a) 
						of this Subpart provides otherwise. Subdivisions (b) and (f) of this section do
						not apply to owners and operators of onsite facilities that do not receive any
						hazardous waste from offsite sources. Subparagraph (c)(2)(ix) of this section
						only applies to permittees of facilities that treat, store or dispose of
						hazardous waste onsite where such wastes are generated.
(b)
Manifest requirements.
A treatment, storage or disposal facility shipping
						hazardous wastes off-site or offering hazardous wastes for shipment off-site must
						comply with all generator standards as specified in section
						372.2 
						of this Title. If a facility receives hazardous waste accompanied by a manifest,
						the owner or operator, or his or her agent, must comply with the requirements of
						this subdivision.
(1) Use of manifest
					 system.
(i)
(a) If a facility receives hazardous waste
					 accompanied by a manifest, the owner, operator or his/her agent must:
(1) complete line 19 of the manifest, hazardous
					 waste report management method codes, for each waste received and accepted, using
					 the codes established in the annual report instructions and forms referenced in
					 subdivision (e) of this section;
(2)
					 sign and date the manifest as indicated in clause (
b
) of this
					 subparagraph to certify that the hazardous waste covered by the manifest was
					 received, that the hazardous waste was received except as noted in the
					 discrepancy space of the manifest, or that the hazardous waste was rejected as
					 noted in the manifest discrepancy space.
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 373-2.6 - Releases from solid waste management units

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1)
(i)
					 Except as provided in paragraph (2) of this subdivision, the regulations in this
					 section apply to owners and operators of facilities that treat, store or dispose
					 of hazardous waste. The owner or operator must satisfy the requirements
					 identified in subparagraph (ii) of this paragraph for all wastes (or constituents
					 thereof) contained in solid waste management units at the facility regardless of
					 the time the waste was placed in such units.
(ii) All solid waste management units must
					 comply with the requirements in subdivision (l) of this section. A surface
					 impoundment, waste pile, land treatment unit or landfill that receives hazardous
					 waste after July 26, 1982 (hereinafter referred to as a regulated unit) must
					 comply with the requirements of subdivisions (b) through (k) in lieu of
					 subdivision (l) for purposes of detecting, characterizing and responding to
					 releases to the uppermost aquifer. The financial responsibility requirements of
					 subdivision (l) of this section apply to regulated units.
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 373-2.7 - Closure and post-closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Except as section
						373-2.1(a) 
						of this Subpart provides otherwise:
(1)
					 subdivision (b) through paragraph (f)(1) of this section (which concern closure)
					 apply to the owners and operators of all hazardous waste management facilities;
					 and
(2) paragraph (f)(2) through
					 subdivision (j) of this section (which concerns post-closure care) apply to the
					 owners and operators of:
(i) all hazardous
					 waste disposal facilities;
(ii) waste
					 piles, and surface impoundments from which the owner or operator intends to
					 remove the wastes at closure to the extent that these sections are made
					 applicable to such facilities in sections
					 373-2.11(f)
					 and
					 373-2.12(h) 
					 of this Subpart;
(iii) tank systems
					 that are required under section
					 373-2.10(h) 
					 of this Subpart to meet the requirements for landfills; and
(iv) containment buildings that are required
					 under section
					 373-2.30(c) 
					 of this Subpart to meet the requirements for landfills.
(3) The department may replace all or part of
					 the requirements of this Subpart (and the unit-specific standards referenced in
					 paragraph [b][3] of this section applying to a regulated unit), with alternative
					 requirements set out in a permit or in an enforceable document (as defined in
					 section
					 373-1.2[e][3] 
					 of this Part), where the department determines that:
(i) the regulated unit is situated among solid
					 waste management units (or areas of concern), a release has occurred, and both
					 the regulated unit and one or more solid waste management unit(s) (or areas of
					 concern) ae likely to have contributed to the release; and
(ii) it is not necessary to apply the closure
					 requirements of this section (and those referenced herein) because the
					 alternative requirements will protect human health and the environment and will
					 satisfy the closure performance standard of paragraph (b)(1) and (2) of this
					 section.
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 373-2.8 - Financial requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The
					 requirements of subdivisions (c), (d) and (h)-(j) of this section apply to owners
					 and operators of all hazardous waste facilities, except as provided otherwise in
					 this section or in section
					 373-2.1(a) 
					 of this Subpart.
(2) The requirements
					 of subdivisions (e) and (f) of this section apply only to owners and operators
					 of:
(i) disposal facilities;
(ii) piles, and surface impoundments from which
					 the owner or operator intends to remove the wastes at closure, to the extent that
					 these sections are made applicable to such facilities in sections
					 373-2.11(f)
					 and
					 373-2.12(h) 
					 of this Subpart;
(iii) tank systems
					 that are required under section
					 373-2.10(h) 
					 of this Subpart to meet the requirements for landfills; and
(iv) containment buildings that are required
					 under section
					 373-2.30(c) 
					 of this Subpart to meet the requirements for landfills.
(3) The State and the Federal government are
					 exempt from the requirements of this section.
(4) The department may replace all or part of
					 the requirements of this section applying to a regulated unit with alternative
					 requirements for financial assurance set out in the permit or in an enforceable
					 document (as defined in section
					 373-1.2[e][3] 
					 of this Part, whre the department:
(i)
					 prescribes alternative requirements for the regulated unmit under sections
					 373-2.6(a)(6) 
					 and/or 373-2.7(a)(3) of this Subpart; and
(ii) determines that it is not necessary to
					 apply the requirements of this section because the alternative financial
					 assurance requirements will protect human health and the environment.
(5) The total cost estimate for a
					 facility must include all applicable financial assurance obligations (closure,
					 post-closure, corrective action).
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 373-2.9 - Use and management of containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of all hazardous waste facilities that store containers of hazardous
						waste, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
Note:
Under sections
						371.1(h)
						 and
						371.4(d)(3) 
						of this Title, if a hazardous waste is emptied from a container, the residue
						remaining in the container is not considered hazardous waste if the container is
						"empty" as defined in section
						371.1(h).
						In that event, management of the container is exempt from the requirements of
						this section.
(b)
Condition of containers.
If a container holding hazardous waste is not in good
						condition (
e.g.,
severe rusting, apparent structural defects) or
						if it begins to leak, the owner or operator must transfer the hazardous waste
						from this container to a container that is in good condition, or manage the waste
						in some other way that complies with the requirements of this
						Subpart.
(c)
Compatibility of waste with containers.
The owner or operator must use a container made of or lined
						with materials which will not react with, and are otherwise compatible with, the
						hazardous waste to be stored, so that the ability of the container to contain the
						waste is not impaired.
(d)
Management of containers.
(1) A
					 container holding hazardous waste must always be closed during storage, except
					 when it is necessary to add or remove waste.
(2) A container holding hazardous waste must
					 not be opened, handled or stored in a manner which may rupture the container or
					 cause it to leak.
(3) Containers
					 holding hazardous waste must be marked with the words "Hazardous Waste" and with
					 other words identifying their contents.
Note:
The use of containers in transportation is governed by U.S.
						Department of Transportation regulations, including those set forth in
						49 CFR
						173.28 (see 6 NYCRR
						370.1[e]).
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 373-2.10 - Tank systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The requirements of this section apply to owners and
						operators of facilities that use tank systems for storing or treating hazardous
						waste except as otherwise provided in paragraphs (1), (2) and (3) of this
						subdivision or section
						373-2.1(a) 
						of this Subpart.
(1) Tank systems that
					 are used to store or treat hazardous waste which contain no free liquids and are
					 situated inside a building with an impermeable floor are exempted from the
					 requirements in subdivision (d) of this section. To demonstrate the absence or
					 presence of free liquids in the stored/treated waste, the following test must be
					 used: Method 9095B (Paint Filter Liquids Test) as described in "Test Methods for
					 Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, as
					 incorporated by reference in section
					 370.1(e) 
					 of this Title.
(2) Tank systems,
					 including sumps, as defined in section
					 370.2(b) 
					 of this Title, that serve as part of a secondary containment system to collect or
					 contain releases of hazardous wastes are exempted from the requirements of
					 paragraph (d)(1) of this section.
(3)
					 Tanks, sumps, and other such collection devices or systems used in conjunction
					 with drip pads, as defined in section
					 370.2(b) 
					 of this Title and regulated under section
					 373-2.23  of this Part,
					 must meet the requirements of this section.
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 373-2.11 - Surface impoundments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of facilities that use surface impoundments to treat, store or dispose
						of hazardous waste, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Design and operating
					 requirements.
(1) Any surface
					 impoundment that is not covered by paragraph (3) of this subdivision or section
					 373-3.11(i) 
					 of this Part must have a liner for all portions of the impoundment (except for
					 existing portions of such impoundments). The liner must be designed, constructed
					 and installed to prevent any migration of wastes out of the impoundment to the
					 adjacent subsurface soil or ground water or surface water at any time during the
					 active life (including the closure period) of the impoundment. The liner may be
					 constructed of materials that may allow wastes to migrate into the liner (but not
					 into the adjacent subsurface soil or ground water or surface water) during the
					 active life of the facility, provided that the impoundment is closed in
					 accordance with subparagraph (f)(1)(i) of this section. For impoundments that
					 will be closed in accordance with subparagraph (f)(1)(ii) of this section, the
					 liner must be constructed of materials that can prevent wastes from migrating
					 into the liner during the active life of the facility. The liner must be:
(i) constructed of materials that have
					 appropriate chemical properties and sufficient strength and thickness to prevent
					 failure due to pressure gradients (including static head and external
					 hydrogeologic forces), physical contact with the wastes or leachate to which they
					 are exposed, climatic conditions, the stress of installation, and the stress of
					 daily operations;
(ii) placed upon a
					 foundation or base capable of providing support to the liner and resistance to
					 pressure gradients above and below the liner to prevent failure of the liner due
					 to settlement, compression or uplift; and
(iii) installed to cover all surrounding earth
					 likely to be in contact with the waste or leachate.
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 373-2.12 - Waste piles

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 place, store or
					 treat hazardous waste in piles, except as section
					 373-2.1(a) 
					 of this Subpart provides otherwise.
(2) The regulations in this section do not
					 apply to owners and operators of waste piles that are closed with wastes left in
					 place. Such waste piles are subject to regulation under 373-2.14 of this Subpart
					 (secure landburial facilities).
(3)
					 The owner or operator of any waste pile that is inside or under a structure that
					 provides protection from precipitation, so that neither runoff nor leachate is
					 generated, is not subject to regulation under subdivision (b) of this section or
					 under section
					 373-2.6 
					 of this Subpart, provided that:
(i) liquids or
					 materials containing free liquids are not placed in the pile;
(ii) the pile is protected from surface water
					 run-on by the structure or in some other manner;
(iii) the pile is designed and operated to
					 control dispersal of waste by wind, where necessary, by means other than wetting;
					 and
(iv) the pile will not generate
					 leachate through decomposition or other reactions.
Note:
Operation of a waste pile may be subject to Part 376, Land
						Disposal Restrictions of this Title.
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 373-2.13 - Land treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of facilities that treat or dispose of hazardous waste in land
						treatment units, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Treatment program.
(1) An owner or operator subject to this
					 section must establish a land treatment program that is designed to ensure that
					 hazardous constituents placed in or on the treatment zone are degraded,
					 transformed or immobilized within the treatment zone. The commissioner will
					 specify in the facility permit the elements of the treatment program, including:
(i) the wastes that are capable of being
					 treated at the unit, based on a demonstration under subdivision (c) of this
					 section;
(ii) design measures and
					 operating practices necessary to maximize the success of degradation,
					 transformation and immobilization processes in the treatment zone in accordance
					 with paragraph (d)(1) of this section; and
(iii) unsaturated zone monitoring provisions
					 meeting the requirements of subdivision (f) of this section.
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 373-2.14 - Secure landburial facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of facilities that dispose of hazardous waste in landfills, except as
						section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Site characteristics.
(1) The soil beneath the facility shall have a
					 hydraulic conductivity of 10-5 centimeter per second
					 or less, as determined by in-situ hydraulic conductivity test methods, and shall
					 be subject to the approval of the department.
(2) No waste shall be closer than 10 feet to an
					 aquifer or bedrock.
(3) No facility
					 shall be located over ground-water recharge areas serving public water
					 supplies.
(4) Facilities shall be
					 located at an elevation not less than five feet above a flood plain, unless
					 provisions have been made to prevent the encroachment of flood waters.
(5) All fill areas or excavations shall
					 terminate no closer than 50 feet from the boundary lines of the property on which
					 the secure landburial facility is operated.
(6) The required horizontal separation between
					 deposited hazardous waste and any surface waters shall be determined for each
					 secure landburial facility by reference to soil attenuation characteristics,
					 drainage and natural man-made barriers.
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 373-2.19 - Special provisions for cleanup

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability of corrective action
					 management unit (CAMU) regulations.
(1)
					 Except as provided in paragraph (2) of this subdivision, CAMUs are subject to the
					 requirements of subdivision (c) of this section.
(2) CAMUs that were approved before April 22,
					 2002, or for which substantially complete applications (or equivalents) were
					 submitted to the department on or before November 20, 2000, are subject to the
					 requirements in subdivision (b) of this section for grandfathered CAMUs; CAMU
					 waste, activities, and design will not be subject to the standards in subdivision
					 (c) of this section, so long as the waste, activities, and design remain within
					 the general scope of the CAMU as approved.
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 373-2.23 - Drip pads

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1)
(i) Except as provided in subparagraph (1)(ii)
					 of this subdivision, the requirements of this section apply to owners and
					 operators of facilities that use new or existing drip pads to convey treated wood
					 drippage, precipitation, and/or surface water run-off to an associated collection
					 system. Existing drip pads are those constructed before December 6, 1990 and
					 those for which the owner or operator has a design and has entered into binding
					 financial or other agreements for construction prior to December 6, 1990. All
					 other drip pads are new drip pads. The requirement at subparagraph (d)(2)(iii) of
					 this section to install a leak collection system applies only to those drip pads
					 that are constructed after December 24, 1992 for which the owner or operator has
					 a design and has entered into binding financial or other agreements for
					 construction prior to December 24, 1992.
(ii) For F034 and F035 wastes as defined in
					 section
					 371.4(b)(1) 
					 of this Title, subparagraph (i) of this paragraph applies, except that the
					 referenced dates are revised to January 17, 1995.
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 373-2.24 - Miscellaneous units

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The requirements in this section apply to owners and
						operators of facilities that treat, store, or dispose of hazardous waste in
						miscellaneous units, except as section
						373-2.1(a) 
						of this Subpart provides otherwise.
(b)
Environmental performance
					 standards.
A miscellaneous unit must be located, designed,
						constructed, operated, maintained, and closed in a manner that will ensure
						protection of human health and the environment. Permits for miscellaneous units
						are to contain such terms and provisions as necessary to protect human health and
						the environment, including but not limited to, as appropriate, design and
						operating requirements, detection and monitoring requirements and requirements
						for responses to releases of hazardous waste or hazardous constituents from the
						unit. Permit terms and provisions must include those requirements of sections
						373-2.9
						through
						373-2.15  and sections
						373-2.27
						through
						373-2.29 
						of this Subpart, Subpart 373-1 of this Part, and  40 CFR part 63, subpart EEE, as
						incorporated by reference in and implemented by section
						200.10(a) and
						(d)  of this Title, that are appropriate for the
						miscellaneous unit being permitted. Protection of human health and the
						environment includes, but is not limited to:
(1) Prevention of any releases that may have
					 adverse effects on human health or the environment due to migration of waste
					 constituents in the groundwater or subsurface environment, considering:
(i) the volume and physical and chemical
					 characteristics of the waste in the unit, including its potential for migration
					 through soil, liners, or other containing structures;
(ii) the hydrologic and geologic
					 characteristics of the unit and the surrounding area;
(iii) the existing quality of groundwater,
					 including other sources of contamination and their cumulative impact on the
					 groundwater;
(iv) the quantity and
					 direction of groundwater flow;
(v)
					 the proximity to and withdrawal rates of current and potential groundwater
					 users;
(vi) the patterns of land use
					 in the region;
(vii) the potential
					 for deposition or migration of waste constituents into subsurface physical
					 structures, and into the root zone of food-chain crops and other
					 vegetation;
(viii) the potential for
					 health risks caused by human exposure to waste constituents; and
(ix) the potential for damage to domestic
					 animals, wildlife, crops, vegetation, and physical structures caused by exposure
					 to waste constituents.
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 373-2.30 - Containment buildings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The requirements of this section apply to owners or
						operators who store or treat hazardous waste in units designed and operated under
						subdivision (b) of this section. The owner or operator is not subject to the
						definition of land disposal in section
						370.2(b) 
						of this Title provided that the unit:
(1) is a completely enclosed, self-supporting
					 structure that is designed and constructed of human made materials of sufficient
					 strength and thickness to support themselves, the waste contents, and any
					 personnel and heavy equipment that operate within the unit, and to prevent
					 failure due to pressure gradients, settlement, compression, or uplift, physical
					 contact with the hazardous wastes to which they are exposed; climatic conditions;
					 and the stresses of daily operation, including the movement of heavy equipment
					 within the unit and contact of such equipment with containment walls;
(2) has a primary barrier that is designed to
					 be sufficiently durable to withstand the movement of personnel, wastes, and
					 handling equipment within the unit;
(3) if the unit is used to manage liquids, has:
(i) a primary barrier designed and constructed
					 of materials to prevent migration of hazardous constituents into the
					 barrier;
(ii) a liquid collection
					 system designed and constructed of materials to minimize the accumulation of
					 liquid on the primary barrier; and
(iii) a secondary containment system designed
					 and constructed of materials to prevent migration of hazardous constituents into
					 the barrier, with a leak detection and liquid collection system capable of
					 detecting, collecting, and removing leaks of hazardous constituents at the
					 earliest practicable time, unless the unit has been granted a variance from the
					 secondary containment system requirements under subparagraph (b)(2)(iv) of this
					 section;
(4) has controls
					 sufficient to prevent fugitive dust emissions to meet the no visible emission
					 standard in clause (b)(3)(i)(
d
) of this section; and
(5) is designed and operated to ensure
					 containment and prevent the tracking of materials from the unit by personnel or
					 equipment.
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 373-2.31 - Hazardous waste munitions and explosives storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The requirements of this section apply to owners or
						operators who store munitions and explosive hazardous wastes, except as section
						373-2.1(a) 
						of this Subpart provides otherwise. (
Note:
Depending on
						explosive hazards, hazardous waste munitions and explosives may also be managed
						in other types of storage units, including containment buildings [section
						373-2.30  of
						this Subpart], tanks[section
						373-2.10  of this
						Subpart], or containers [section
						373-2.9 
						of this Subpart]; see section
						374-1.13(f) 
						of this Title for storage of waste military munitions).
(b)
Design and operating
					 standards.
(1) Hazardous waste munitions
					 and explosives storage units must be designed and operated with containment
					 systems, controls, and monitoring, that:
(i)
					 minimize the potential for detonation or other means of release of hazardous
					 waste, hazardous constituents, hazardous decomposition products, or contaminated
					 run-off, to the soil, ground water, surface water, and atmosphere;
(ii) provide a primary barrier, which may be a
					 container (including a shell) or tank, designed to contain the hazardous
					 waste;
(iii) for wastes stored
					 outdoors, provide that the waste and containers will not be in standing
					 precipitation;
(iv) for liquid
					 wastes, provide a secondary containment system that assures that any released
					 liquids are contained and promptly detected and removed from the waste area, or
					 vapor detection system that assures that any released liquids or vapors are
					 promptly detected and an appropriate response taken (
e.g.,
additional containment, such as overpacking, or removal from the waste area);
					 and
(v) provide monitoring and
					 inspection procedures that assure the controls and containment systems are
					 working as designed and that releases that may adversely impact human health or
					 the environment are not escaping from the unit.
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 373-3.2 - General facility standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 in this section apply to owners and operators of all hazardous waste facilities,
					 except as section
					 373-3.1  provides
					 otherwise.
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 373-3.3 - Preparedness and prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of all hazardous waste facilities, except as section
						373-3.1(a) 
						provides otherwise.
(b)
Maintenance and operation of facility.
Facilities must be maintained and operated to minimize the
						possibility of a fire, explosion, or any unplanned sudden or non-sudden release
						of hazardous waste or hazardous waste constituents to air, soil or surface water
						which could threaten human health or the environment.
(c)
Required equipment.
All facilities must be equipped with the following, unless
						none of the hazards posed by waste handled at the facility could require a
						particular kind of equipment specified below:
(1) an internal communications or alarm system
					 capable of providing immediate emergency instruction (voice or signal) to
					 facility personnel;
(2) a device,
					 such as a telephone (immediately available at the scene of operations) or a
					 hand-held two-way radio, capable of summoning emergency assistance from local
					 police departments, fire departments, or State or local emergency response
					 teams;
(3) portable fire
					 extinguishers, fire control equipment (including special extinguishing equipment
					 such as that using foam, inert gas or dry chemicals), spill control equipment and
					 decontamination equipment; and
(4)
					 water at adequate volume and pressure to supply water hose streams,
					 foam-producing equipment, automatic sprinklers, or water spray systems.
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 373-3.4 - Contingency plan and emergency procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The regulations in this section apply to owners and
						operators of all hazardous waste facilities, except as section
						373-3.1(a) 
						of this Subpart provides otherwise.
(b)
Purpose and implementation of
					 contingency plan.
(1) Each owner or
					 operator must have a contingency plan for the facility. The contingency plan must
					 be designed to minimize hazards to human health or the environment from fires,
					 explosions, or any unplanned sudden or nonsudden release of hazardous waste or
					 hazardous waste constituents to air, soil or surface water.
(2) The provisions of the plan must be carried
					 out immediately whenever there is a fire, explosion, or release of hazardous
					 waste or hazardous waste constituents which could threaten human health or the
					 environment.