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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.5 - 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 that subdivisions (b) and
						(f) do not apply to owners and operators of onsite facilities that do not receive
						any hazardous waste from offsite sources.
(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; and
(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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.7 - Closure and post-closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Except as section
						373-3.1  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;
(2) paragraph (f)(2) through subdivision (j) of
					 this section (which concern 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
					 373-3.11(f)
					 and
					 373-3.12(g) 
					 of this Subpart;
(iii) tank systems
					 that are required under section
					 373-3.10(h) 
					 of this Subpart to meet the requirements for landfills; and
(iv) start containment buildings that are
					 required under section
					 373-3.30(c) 
					 of this Subpart to meet the requirement for landfills;
(3) subdivision (k) of this section applies to
					 owners and operators of units that are subject to the requirements of section
					 373-1.2(e)(3) 
					 of this Part and are regulated under an enforceable document (as defined in
					 section
					 373-1.2[e][3] 
					 of this Part); and
(4) the department
					 may replace all or part of the requirements of this section (and the
					 unit-specific standards in paragraph [b][3] of this section) applying to a
					 regulated unit (as defined in section
					 373-2.6[a] 
					 of this Part), with alternative requirements for closure set out in an approved
					 closure or post-closure plan, or in an enforceable document (as defined in
					 section
					 373-1.2[e][3] 
					 of this Part), where the department determines that:
(i) a 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) are likely to have contributed to the release; and
(ii) it is not necessary to apply the closure
					 requirements of this section (and/or those referenced herein) because the
					 alternative requirements will protect human health and the environment, and will
					 satisfy the closure performance standard of paragraphs (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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.8 - Financial requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The
					 requirements of subdivisions (c), (d), (h) and (i) of this section and section
					 373-2.8(j) 
					 of this Part apply to owners and operators of all hazardous waste facilities,
					 except as provided otherwise in this section or in section
					 373-3.1  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) tank systems that are required under
					 section
					 373-3.10(h) 
					 of this Subpart to meet the requirements for landfills; and
(iii) containment buildings that are required
					 under section
					 373-3.30(c) 
					 of this Subpart to meet the requirements for landfills.
(3) States 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), where the department:
(i)
					 prescribes alternative requirements for the regulated unit under sections
					 373-3.6 
					 and/or 373-3.7(a)(4) 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.
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 373-3.9 - 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
						373-3.1  of this Subpart
						provides otherwise.
(b)
Condition of containers.
If a container holding hazardous waste is not in good
						condition, 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 container.
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.
Comment:
Reuse 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]).
(3) Containers holding hazardous waste must be
					 marked with the words "Hazardous Waste" and with other words identifying their
					 contents.
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 373-3.10 - Tank systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
The requirements of this section apply to owners or
						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 in section
						373-3.1  of this
						Subpart.
(1) Tank systems that are used
					 to store or treat hazardous waste which contains no free liquids and that are
					 situated inside a building with an impermeable floor are exempt from the
					 requirements of 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 No. 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 in
					 paragraph (d)(1) of this section.
(3)
					 Tanks, sumps, and other collection devices used in conjunction with drip pads, as
					 defined in section
					 370.2(b) 
					 of this Title and regulated under section
					 373-3.23  of this Subpart
					 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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.11 - 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
						373-3.1(a) 
						of this Subpart provides otherwise.
(b)
Action leakage rate.
(1) The owner or operator of surface
					 impoundment units subject to paragraph (i)(1) of this section must submit a
					 proposed action leakage rate to the commissioner when submitting the notice
					 required under paragraph (i)(2) of this section. Within 60 days of receipt of the
					 notification, the commissioner will: establish an action leakage rate, either as
					 proposed by the owner or operator or modified using the criteria in this
					 subdivision; or extend the review period for up to 30 days. If no action is taken
					 by the commissioner before the original 60 or extended 90 day review period ends,
					 the action leakage rate will be approved as proposed by the owner or
					 operator.
(2) The commissioner shall
					 approve an action leakage rate for surface impoundment units subject to paragraph
					 (i)(1) of this section. The action leakage rate is the maximum design flow rate
					 that the leak detection system (LDS) can remove without the fluid head on the
					 bottom liner exceeding one foot. The action leakage rate must include an adequate
					 safety margin to allow for uncertainties in the design (
e.g.,
slope, hydraulic conductivity, thickness of drainage material), construction,
					 operation, and location of the LDS, waste and leachate characteristics,
					 likelihood and amounts of other sources of liquids in the LDS, and proposed
					 response actions (
e.g.,
the action leakage rate must allow for
					 decreases in the flow capacity of the system over time resulting from siltation
					 and clogging, rib layover and creep of synthetic components of the system,
					 overburden pressures, etc.).
(3) To
					 determine if the action leakage rate has been exceeded, the owner or operator
					 must convert the weekly or monthly flow rate from the monitoring data obtained
					 under paragraph (e)(2) of this section, to an average daily flow rate (gallons
					 per acre per day) for each sump. Unless the commissioner approves a different
					 calculation, the average daily flow rate for each sump must be calculated weekly
					 during the active life and closure period, and if the unit closes in accordance
					 with subparagraph (f)(1)(ii) of this section, monthly during the post-closure
					 care period when monthly monitoring is required under paragraph (e)(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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.12 - Waste piles

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 place hazardous waste in piles, except as
						section
						373-3.1(a) 
						of this Subpart provides otherwise. Alternatively, a pile of hazardous waste may
						be managed as a landfill under section
						373-3.14  of this
						Subpart.
(b)
Protection
					 from wind.
The owner or operator of a pile containing hazardous waste
						which could be subject to dispersal by wind must cover or otherwise manage the
						pile so that wind dispersal is controlled.
(c)
Waste analysis.
In addition to the waste analyses required by section
						373-3.2(d) 
						of this Subpart, the owner or operator must analyze a representative sample of
						waste from each incoming movement before adding the waste to any existing pile,
						unless:
(1) the only wastes the facility
					 receives which are amenable to piling are compatible with each other;
					 or
(2) the waste received is
					 compatible with the waste in the pile to which it is to be added. The analysis
					 conducted must be capable of differentiating between the types of hazardous waste
					 the owner or operator places in piles, so that the mixing of incompatible waste
					 does not inadvertently occur. The analysis must include a visual comparison of
					 color and texture.
Note:
As required by section
						373-3.2(d) 
						of this Subpart, the waste analysis plan must include analyses needed to comply
						with subdivisions (e) and (f) of this section. As required by section
						373-3.5(c) 
						of this Subpart, the owner or operator must place the results of this analysis in
						the operating record of the facility.
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 373-3.13 - 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
						373-3.1(a) 
						of this Subpart provides otherwise.
(b)
General operating
					 requirements.
(1) Hazardous waste must
					 not be placed in or on a land treatment facility unless the waste can be made
					 nonhazardous by biological degradation or chemical reactions occurring in or on
					 the soil.
(2) The owner or operator
					 must design, construct, operate and maintain a run-on control system capable of
					 preventing flow onto the active portions of the facility during peak discharge
					 from at least a 25-year storm.
(3)
					 The owner or operator must design, construct, operate and maintain a runoff
					 management system capable of collecting and controlling a water volume at least
					 equivalent to a 24-hour, 25-year storm.
(4) Collection and holding facilities
					 (
e.g.,
tanks or basins) associated with run-on and runoff
					 control systems must be emptied or otherwise managed expeditiously after storms
					 to maintain the design capacity of the system.
(5) If the treatment zone contains particulate
					 matter which may be subject to wind dispersal, the owner or operator must manage
					 the unit to control wind dispersal.
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 373-3.14 - Landfills

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
						373-3.1(a) 
						of this Subpart provides otherwise. A waste pile used as a disposal facility is a
						landfill and is governed by this section.
(b)
Action leakage rate.
(1) The owner or operator of landfill units
					 subject to paragraph (j)(1) of this section must submit a proposed action leakage
					 rate to the commissioner when submitting the notice required under paragraph
					 (j)(2) of this section. Within 60 days of receipt of the notification, the
					 commissioner will: establish an action leakage rate, either as proposed by the
					 owner or operator or modified using the criteria in this subdivision; or extend
					 the review period for up to 30 days. If no action is taken by the commissioner
					 before the original 60 or extended 90 day review period ends, the action leakage
					 rate will be approved as proposed by the owner or operator.
(2) The commissioner shall approve an action
					 leakage rate for landfill units subject to paragraph (j)(1) of this section. The
					 action leakage rate is the maximum design flow rate that the leak detection
					 system (LDS) can remove without the fluid head on the bottom liner exceeding one
					 foot. The action leakage rate must include an adequate safety margin to allow for
					 uncertainties in the design (
e.g.,
slope, hydraulic
					 conductivity, thickness of drainage material), construction, operation, and
					 location of the LDS, waste and leachate characteristics, likelihood and amounts
					 of other sources of liquids in the LDS, and proposed response actions
					 (
e.g.,
the action leakage rate must allow for decreases in the
					 flow capacity of the system over time resulting from siltation and clogging, rib
					 layover and creep of synthetic components of the system, overburden pressures,
					 etc.).
(3) To determine if the action
					 leakage rate has been exceeded, the owner or operator must convert the weekly or
					 monthly flow rate from the monitoring data obtained under subdivision (l) of this
					 section, to an average daily flow rate (gallons per acre per day) for each sump.
					 Unless the commissioner approves a different calculation, the average daily flow
					 rate for each sump must be calculated weekly during the post-closure care period
					 when monthly monitoring is required under paragraph (l)(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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.16 - Thermal treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 regulations in this section apply to owners and operators of facilities that
					 thermally treat hazardous waste in devices other than enclosed devices using
					 controlled flame combustion, except as provided in section
					 373-3.1(a) 
					 of this Subpart. Thermal treatment in enclosed devices using controlled flame
					 combustion is subject to the requirements of section
					 373-3.15  of this
					 Subpart if the unit is an incinerator, and section
					 374-1.8 
					 of this Title if the unit is a boiler or an industrial furnace as defined in
					 section
					 370.2(b) 
					 of this Title.
(b)
General
					 operating requirements.
Before adding hazardous waste, the owner or operator must
						bring the thermal treatment process to steady state (normal) conditions of
						operation-including steady state operating temperature-using auxiliary fuel or
						other means, unless the process is a noncontinuous (batch) thermal treatment
						process which requires a complete thermal cycle to treat a discrete quantity of
						hazardous waste.
(c)
Waste analysis.
In addition to the waste analyses required by section
						373-3.2(d) 
						of this Subpart, the owner or operator must sufficiently analyze any waste which
						has not been previously treated in the thermal process to enable the owner or
						operator to establish steady state (normal) or other appropriate (for a
						noncontinuous process) operating conditions (including waste and auxiliary fuel
						feed), and to determine the type of air contaminants which might be emitted. At a
						minimum, the analysis must determine:
(1) heating value of the waste;
(2) halogen content and sulfur content in the
					 waste; and
(3) concentrations in the
					 waste of lead and mercury, unless the owner or operator has written, documented
					 data that show that the element is not present.
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 373-3.17 - Chemical, physical and biological treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regulations in this section apply to
					 owners and operators of facilities subject to this Subpart which treat hazardous
					 waste by chemical, physical or biological methods in other than tanks, surface
					 impoundments and land treatment facilities. Chemical, physical and biological
					 treatment of hazardous waste in tanks, surface impoundments and land treatment
					 facilities must be conducted in accordance with sections
					 373-3.10,
					 373-3.11 and
					 373-3.13  of this
					 Subpart.
(b)
General operating
					 requirements.
(1) Chemical, physical or
					 biological treatment of hazardous waste must comply with section
					 373-3.2(h) 
					 of this Subpart.
(2) Hazardous wastes
					 or treatment reagents must not be placed in the treatment process or equipment if
					 they could cause the treatment process or equipment to rupture, leak, corrode or
					 otherwise fail before the end of its intended life.
(3) Where hazardous waste is continuously fed
					 into a treatment process or equipment, the process or equipment must be equipped
					 with a means to stop this inflow (
e.g.,
a waste feed cutoff
					 system or bypass system to a standby containment device).
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 373-3.18 - Underground injection

Current through Register Vol. 46, No. 28, July 10, 2024
Except as section
						373-3.1  of this Subpart
						provides otherwise:
(a)
Exclusion
					 from sections
					 373-3.7
					 and
					 373-3.8.
The owner or operator of a facility which disposes of
						hazardous waste by underground injection is excluded from the requirements of
						sections
						373-3.7
						and
						373-3.8  of
						this Subpart.
(b)
Applicability.
The requirements of this section apply to owners and
						operators of wells used to dispose of hazardous waste which are classified as
						Class I under subdivision 144.6(a) of 40 CFR and which are classified as Class IV
						under subdivision 144.6(d) of 40 CFR (see 6 NYCRR 370.1[e]).
(1) Class I.
(i) Wells used by generators of hazardous
					 wastes or owners or operators of hazardous waste management facilities to inject
					 hazardous waste, other than Class IV wells.
(ii) Other industrial and municipal disposal
					 wells which inject fluids beneath the lowermost formation containing, within one
					 quarter mile of the well bore, an underground source of drinking water.
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 373-3.23 - 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
					 paragraph 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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.27 - 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 only
					 to owners and operators of facilities that treat, store, or dispose of hazardous
					 wastes (except as provided in section
					 373-3.1[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) 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 requirements of section
					 371.1(g) 
					 of this Title.
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
						373-3.1(a) 
						of this Title are not affected by these requirements.
(3) 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 CRF 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
					 CRF 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.
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 373-3.28 - 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
					 373-3.1[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 Title; 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) 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.
(4) Equipment that is in vacuum service is
					 excluded from the requirements of subdivisions (c) through (k) if it is
					 identified as required in subparagraph (o)(7)(v) of this section.
(5) 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.
Note:
The requirements of subdivisions (c) through (o) 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
						373-3.1(a) 
						of this Title are not affected by these requirements.
(6) Purged coatings and solvents from surface
					 coating operations subject to the national emission standards for hazardous air
					 pollutants (NESHAP) for the surface 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.
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 373-3.30 - 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 humanmade materials of sufficient
					 strength and thickness to support themselves, the waste contents, and any
					 personnel and heavy equipment that operate within the units, 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 and handling
					 equipment within the unit;
(3) if the
					 unit 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 possible 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, in order 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 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.31 - 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
						373-1.1(a) 
						of this Part 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
						373-3.30  of
						this Subpart), tanks (section
						373-3.10  of this
						Subpart), or containers (section
						373-3.9 
						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, groundwater, 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 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This Subpart contains requirements for generators and
						transporters of the hazardous wastes identified in section
						371.1(g)(1)(ii) 
						of this Title and for owners and operators of facilities managing the hazardous
						wastes identified in section
						373-1.1(d)(1)(vii) and
						(viii)  of this Title that are required to
						comply with this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.3 - Recyclable materials used in a manner constituting disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 of this section apply to recyclable materials that are applied to or placed on
					 the land:
(i) without mixing with any other
					 substance(s); or
(ii) after mixing or
					 combination with any other substance(s). These materials will be referred to
					 throughout this Subpart as "materials used in a manner that constitutes
					 disposal."
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.6 - Recyclable materials utilized for precious metal recovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability and
					 requirements.
(1) The regulations of
					 this section apply to hazardous wastes that are reclaimed to recover economically
					 significant amounts of gold, silver, platinum, palladium, iridium, osmium,
					 rhodium, ruthenium, or any combination of these. These hazardous wastes will be
					 referred to throughout this section as recyclable materials.
(2) Persons who generate, transport or store
					 recyclable materials that are regulated under this section are subject to the
					 following requirements:
(i) notification
					 requirements under Part 372 of this Title;
(ii) section
					 372.2(b) 
					 (for generators), section
					 372.3 
					 (for transporters), and section
					 373-3.5(b) 
					 (for persons who store) of this Title; and
(iii) for precious metals exported to or
					 imported from designated OECD member countries for recovery, section
					 372.5(h) 
					 of this Title. For precious metals exported to or imported from non-OECD
					 countries for recovery, section
					 372.5 
					 of this Title.
(3) Persons
					 who store recyclable materials that are regulated under this section must keep
					 the following records to document that they are not accumulating these materials
					 speculatively (as defined in section
					 371.1[a] 
					 of this Title):
(i) the volume of recyclable
					 materials stored at the beginning of the calendar year;
(ii) the amount of recyclable materials
					 generated or received during the calendar year; and
(iii) the amount of recyclable materials
					 remaining at the end of the calendar year.
(4) Recyclable materials regulated under this
					 section that are accumulated speculatively (as defined in section
					 371.1[a] 
					 of this Title) are subject to all applicable provisions of Parts 372 and 373 of
					 this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.13 - Military munitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The regulations
					 in this section identify when military munitions become a solid waste, and, if
					 these wastes are also hazardous under this section or Part 371 of this Title, the
					 management standards that apply to these wastes.
(2) Unless otherwise specified in this section,
					 all applicable requirements in Part 370 through Subpart 374-1 and Part 376 of
					 this Title apply to waste military munitions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.3 - Standards for used oil generators

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) General. Except as provided in
					 subparagraphs (i) through (iv) of this paragraph, this section applies to all
					 used oil generators. A used oil generator is any person, by site, whose act or
					 process produces used oil or whose act first causes used oil to become subject to
					 regulation.
(i) Household "do-it-yourselfer"
					 used oil generators. Household "do-it-yourselfer" used oil generators are not
					 subject to regulation under this Subpart.
(ii) Vessels. Vessels at sea or at port are not
					 subject to this section. For purposes of this section, used oil produced on
					 vessels from normal shipboard operations is considered to be generated at the
					 time it is transported ashore. The owner or operator of the vessel and the
					 person(s) removing or accepting used oil from the vessel are co-generators of the
					 used oil and are both responsible for managing the waste in compliance with this
					 section once the used oil is transported ashore. The co-generators may decide
					 among themselves which particular co-generator will fulfill the requirements of
					 this section. In the event of a violation of this section, the co-generators are
					 jointly and severally liable for the violations.
(iii) Diesel fuel. Mixtures of used oil and
					 diesel fuel mixed on site by the generator of the used oil for use in the
					 generator's own vehicles are not subject to this Subpart once the used oil and
					 diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to the
					 requirements of this section.
(iv)
					 Farmers. Farmers who generate an average of 25 gallons or less per month of used
					 oil from vehicles or machinery used on the farm in a calendar year are not
					 subject to the requirements of this Subpart, if the used oil is used in normal
					 farming operations. Normal farming operations do not include land application or
					 land disposal of used oil.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.4 - Standards for used oil collection centers and aggregation points

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Do-it-yourselfer used oil collection
					 centers.
(1) Applicability. This section
					 applies to owners or operators of all do-it-yourselfer (DIY) used oil collection
					 centers. A DIY used oil collection center is any site or facility that
					 accepts/aggregates and stores used oil collected only from household
					 do-it-yourselfers.
(2) DIY used oil
					 collection center requirements. Owners or operators of all DIY used oil
					 collection centers must comply with the generator standards in section
					 374-2.3 
					 of this Subpart.