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 373-2.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose, scope and applicability.
(1) The purpose of this Subpart is to establish
					 minimum State standards which define the acceptable management of hazardous
					 waste.
(2) The standards in this
					 Subpart apply to owners and operators of all facilities which treat, store or
					 dispose of hazardous waste, except as specifically provided otherwise in this
					 Part or Part 371 of this Title.
(3)
					 The requirements of this Subpart apply to a person disposing of hazardous waste
					 by means of ocean disposal subject to a permit issued under the Marine
					 Protection, Research and Sanctuaries Act (see section
					 370.1[e] 
					 of this Title), only to the extent they are required by the exemption granted to
					 such a person under section
					 373-1.1(d) 
					 of this Part.
Note:
These Subpart 373-2 regulations do apply to the treatment
						or storage of hazardous waste before it is loaded onto an ocean vessel for
						incineration or disposal at sea.
(4) The requirements of this Subpart apply to a
					 person disposing of hazardous waste by means of underground injection subject to
					 a permit issued under an Underground Injection Control (UIC) program approved or
					 promulgated under the Safe Drinking Water Act only to the extent they are
					 required by the exemption granted to such a person under section
					 373-1.1(d) 
					 of this Part (see section
					 370.1[e] 
					 of this Title).
Note:
These Subpart 373-2 regulations do apply to the aboveground
						treatment or storage of hazardous waste before it is injected underground.
(5) The requirements of this Subpart
					 apply to the owner or operator of a publicly owned treatment works which treats,
					 stores or disposes of hazardous waste only to the extent they are required by the
					 exemption granted to such person under section
					 373-1.1(d) 
					 of this Part.
(6) The requirements of
					 this Subpart apply to those portions of a facility managing recyclable materials
					 described in section
					 371.1(g)(1)(ii), (iii) and
					 (iv)  of this Title only to the extent that the
					 requirements of this Subpart are referred to in sections
					 374-1.3,
					 374-1.6,
					 374-1.7,
					 374-1.8,
					 or Subpart 374-2 of this Title.
(7)
					 Universal waste handlers and transporters (as defined in section
					 370.2(b)  of this
					 Title) are subject to regulation under Subpart 374-3 of this Title, when handling
					 the below-listed universal wastes:
(i)
					 batteries as described in section
					 374-3.1(b)  of this
					 Title;
(ii) pesticides as described
					 in section 374-3.1(c)  of this
					 Title;
(iii) mercury-containing
					 equipment as described in section
					 374-3.1(d)  of this
					 Title;
(iv) lamps as described in
					 section 374-3.1(e)  of this
					 Title;
(v) aerosol cans as described
					 in section 374-3.1(f)  of this
					 Title; and
(vi) paint as described in
					 section 374-3.1(g)  of this
					 Title.
(8) Section
					 374-1.13(f) 
					 of this Title identifies when the requirements of this Subpart apply to the
					 storage of military munitions classified as solid waste under section
					 374-1.13(c) 
					 of this Title. The treatment and disposal of hazardous waste military munitions
					 are subject to the applicable permitting, procedural, and technical standards in
					 Parts 370 through 374 and 376 of this Title.
(9) The requirements of sections
					 373-2.2,
					 373-2.3,
					 373-2.4
					 and
					 373-2.6(l) 
					 of this Subpart do not apply to remediation waste management sites. (However,
					 some remediation waste management sites may be a part of a facility that is
					 subject to a traditional RCRA permit because the facility is also treating,
					 storing or disposing of hazardous wastes that are not remediation wastes. In
					 these cases, sections
					 373-2.2,
					 373-2.3,
					 373-2.4
					 and
					 373-2.6(l) 
					 of this Subpart do apply to the facility subject to the traditional RCRA permit.)
					 Instead of the requirements of sections
					 373-2.2,
					 373-2.3,
					 and
					 373-2.4 
					 of this Subpart, owners or operators of remediation waste management sites must:
(i) obtain an EPA identification number by
					 applying to the USEPA Region II administrator using EPA form 8700-12;
(ii) obtain a detailed chemical and physical
					 analysis of a representative sample of the hazardous remediation wastes to be
					 managed at the site. At a minimum, the analysis must contain all of the
					 information which must be known to treat, store or dispose of the waste according
					 to this subpart and Part 376 of this Title, and must be kept accurate and up to
					 date;
(iii) prevent people who are
					 unaware of the danger from entering, and minimize the possibility for
					 unauthorized people or livestock to enter onto the active portion of the
					 remediation waste management site, unless the owner or operator can demonstrate
					 to the department that:
(a) physical contact
					 with the waste, structures, or equipment within the active portion of the
					 remediation waste management site will not injure people or livestock who may
					 enter the active portion of the remediation waste management site; and
(b) disturbance of the waste or equipment by
					 people or livestock who enter onto the active portion of the remediation waste
					 management site, will not cause a violation of the requirements of this
					 Subpart;
(iv) inspect the
					 remediation waste management site for malfunctions, deterioration, operator
					 errors, and discharges that may be causing, or may lead to, a release of
					 hazardous waste constituents to the environment, or a threat to human health. The
					 owner or operator must conduct these inspections often enough to identify
					 problems in time to correct them before they harm human health or the
					 environment, and must remedy the problem before it leads to a human health or
					 environmental hazard. Where a hazard is iminent or has already occurred, the
					 owner/operator must take remedial action immediately;
(v) provide personnel with classroom or
					 on-the-job training on how to perform their duties in a way that ensures the
					 remediation waste management site complies with the requirements of this Part,
					 and on how to respond effectively to emergencies;
(vi) take precautions to prevent accidental
					 ignition or reaction of ignitable or reactive waste, and prevent threats to human
					 health and the environment from ignitable, reactive and incompatible
					 waste;
(vii) for remediation waste
					 management sites subject to regulation under sections
					 373-2.9
					 through
					 373-2.15 and
					 373-2.24  of
					 this Subpart, the owner/operator must design, construct, operate, and maintain a
					 unit within a 100-year floodplain to prevent washout of any hazardous waste by a
					 100-year flood, unless the owner/operator can meet the demonstration of section
					 373-2.2(j)(1) 
					 of this Subpart;
(viii) not place any
					 non-containerized or bulk liquid hazardous waste in any salt dome formation, salt
					 bed formation, underground mine or cave;
(ix) develop and maintain a construction
					 quality assurance program for all surface impoundments, waste piles and landfill
					 units that are required to comply with sections
					 373-2.11(b)(3) and
					 (4),
					 373-2.12(b)(3) and
					 (4), and
					 373-2.14(c)(3) and
					 (4)  of this Subpart at the remediation waste
					 management site, according to the requirements of section
					 373-2.2(k) 
					 of this Subpart;
(x) develop and
					 maintain procedures to prevent accidents and a contingency and emergency plan to
					 control accidents that occur. These procedures must address proper design,
					 construction, maintenance, and operation of remediation waste management units at
					 the site. The goal of the plan must be to minimize the possibility of, and the
					 hazards from a fire, explosion, or any unplanned sudden or non-sudden release of
					 hazardous waste or hazardous waste constituents to air, soil, or surface water
					 that could threaten human health or the environment. The plan must explain
					 specifically how to treat, store and dispose of the hazardous remediation waste
					 in question, and must be implemented immediately whenever a fire, explosion, or
					 release of hazardous waste or hazardous waste constituents which could threaten
					 human health or the environment;
(xi)
					 designate at least one employee, either on the facility premises or on call (that
					 is, available to respond to an emergency by reaching the facility quickly), to
					 coordinate all emergency response measures. This emergency coordinator must be
					 thoroughly familiar with all aspect of the facility's contingency plan, all
					 operations and activities at the facility, the location and characteristics of
					 waste handled, the location of all records within the facility, and the facility
					 layout. In addition, this person must have the authority to commit the resources
					 needed to carry out the contingency plan;
(xii) develop, maintain and implement a plan to
					 meet the requirements in subparagraphs (ii) through (vi) and (ix) through (x) of
					 this paragraph; and
(xiii) maintain
					 records documenting compliance with subparagraphs (i) through (xii) of this
					 paragraph.