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6 CRR-NY 373-1.5NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

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

6 CRR-NY 373-1.5

373-1.5 Contents of permit applications.

(a) General requirements.

(1) The permit application consists of a completed part A application, the general information requirements of this section, and the specific information requirements in subdivisions of this Subpart applicable to the facility. The information requirements presented in subdivisions (a)-(p) of this section reflect the standards in Subpart 373-2 of this Part. These information requirements are necessary in order for the department to determine compliance with the Subpart 373-2 standards. If the owner and operator of a hazardous waste management facility can demonstrate, to the department’s satisfaction, that the information prescribed in this paragraph, other than in the Part A application, cannot be provided to the extent required, the department may make allowance for submission of such information on a case-by-case basis. However, such submission must be sufficient to allow the department to determine compliance with the Subpart 373-2 standards. Information requirements in this section must be submitted to the department and signed in accordance with requirements in section 373-1.4(a)(5) of this Subpart. Certain technical data, such as design drawings and specifications, and engineering studies and reports must be certified by a professional engineer registered in New York State. The location of property boundaries must be certified by a person or firm registered to practice land surveying in the State of New York. For post-closure permits, the information specified in subdivision (o) of this section is required in the permit application.

(2) General information requirements. The following information is required for all HWM facilities:

(i) A general description of the facility.

(ii) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information that must be known to treat, store or dispose of the wastes properly in accordance with Subpart 373-2 of this Part.

(iii) A copy of the waste analysis plan required by section 373-2.2(e)(2) of this Part and, if applicable, paragraph (e)(3) of such section.

(iv) A description of the security procedures and equipment required by section 373-2.2(f) of this Part, or a justification demonstrating the reasons for requesting a waiver of this requirement.

(v) A copy of the general inspection schedule required by section 373-2.2(g)(2) of this Part. Include where applicable, as part of the inspection schedule, specific requirements in sections 373-2.9(e), 373-2.10(d)(9) and (f), 373-2.11(d), 373-2.12(e), 373-2.13(d), 373-2.14(e), 373-2.24(c), 373-2.27(d), 373-2.28(c), (d) and (i) and 373-2.29(e)-(g) and (i) of this Part.

(vi) A justification of any request for a waiver(s) of the preparedness and prevention requirements of section 373-2.3 of this Part.

(vii) A copy of the contingency plan required by section 373-2.4 of this Part. Include, where applicable, as part of the contingency plan, specific requirements in section 373-2.11(e) of this Part.

(viii) A description of procedures, structures or equipment used at the facility to:

(a) prevent hazards in loading and unloading operations. Physical hazards may be minimized, for example, by using ramps and special forklifts. Procedures and equipment used to prevent or contain spills must take into account the pressure and volume of the transfer lines, and the time needed for an operator to respond to a spill (e.g., failure of a transfer line or connection point);

(b) prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

(d) mitigate effects of equipment failure and power outages;

(e) prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and

(f) prevent releases to the atmosphere.

(ix) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive or incompatible wastes as required to demonstrate compliance with section 373-2.2(i) of this Part, including documentation demonstrating compliance with paragraph (i)(3) of such section.

(x) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes, if appropriate; describe access road surfacing and load-bearing capacity; show traffic control signals).

(xi) Facility location information.

(a) Owners and operators of all facilities must provide an identification of whether the facility is located within a 100-year flood plain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating or maintaining the facility to withstand washout from a 100-year flood.

Comment:

Where maps for the National Flood Insurance program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally determine if a facility is located within or outside of the 100-year flood plain. However, where the FIA map excludes an area (usually areas of the flood plain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year flood plain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques, approved by the commissioner, to determine whether the facility is within the 100-year flood plain and, if so located, what the 100-year flood elevation would be.

(b) Owners and operators of facilities located in the 100-year flood plain must provide the following information:

(1) engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100-year flood;

(2) structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility, and how these will prevent washout;

(3) if applicable, and in lieu of subclauses (1) and (2) of this clause, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:

(i) timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility;

(ii) a description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under this Part or, if the facility is not located in New York State, in accordance with applicable regulations of the state in which the facility is located;

(iii) the planned procedures, equipment and personnel to be used and the means to ensure that such resources will be available in time for use; and

(iv) the potential for accidental discharges of the waste during movement.

(c) Existing facilities not in compliance with section 373-2.2(j) of this Part must provide a plan showing how the facility will be brought into compliance and a schedule for compliance.

(xii) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with section 373-2.2(h) of this Part. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in subparagraph (h)(1)(iii) of such section.

(xiii) A copy of the closure plan and, where applicable, the post-closure plan required by sections 373-2.7(c) and (h) and 373-2.10(h) of this Part. Include, where applicable, as part of the plans, specific requirements in sections 373-2.9(i), 373-2.10(h), 373-2.11(f), 373-2.12(h), 373-2.13(h), 373-2.14(g), 373-2.15(h) and 373.24(b) and (d) of this Part.

(xiv) For hazardous waste disposal units that have been closed, documentation that notices required under section 373-2.7(i) of this Part have been filed.

(xv) The most recent closure cost estimate for the facility, prepared in accordance with section 373-2.8(c) of this Part, and a copy of the documentation required to demonstrate financial assurance under section 373-2.8(d). For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part 373 permit application.

(xvi) Where applicable, the most recent post-closure cost estimate for the facility, prepared in accordance with section 373-2.8(e) of this Part, plus a copy of the documentation required to demonstrate financial assurance under section 373-2.8(f). For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part 373 permit application.

(xvii) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of section 373-2.8(h) of this Part. For a new facility, documentation showing the amount of insurance meeting the specification of paragraph (h)(1) of such section and, if applicable, paragraph (h)(2), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in section 373-2.8(h)(3) of this Part.

(xviii) [Reserved]

(xix) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1-inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet) if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meter (2 feet) if the relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map must clearly show the following:

(a) map scale and date;

(b) 100-year flood plain area;

(d) surrounding land uses (residential, commercial, agricultural, recreational);

(e) a wind rose (i.e., prevailing windspeed and direction);

(f) orientation of the map (north arrow);

(g) legal boundaries of the HWM facility site;

(h) access control (fences, gates);

(i) injection and withdrawal wells, both onsite and off-site;

(j) buildings; treatment, storage or disposal operations, or other structure (recreation area, runoff control systems, access and internal roads, storm, sanitary and process sewerage systems, loading and unloading areas, fire control facilities, etc.);

(k) barriers for drainage or flood control;

(l) location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored or disposed (include equipment cleanup areas).

Note:

For large HWM facilities the commissioner will allow the use of other scales on a case-by-case basis.

(xx) For land disposal facilities, if a case-by-case extension has been approved under section 376.1(e) of this Title or a petition has been approved under section 376.1(f), a copy of the notice of approval for the extension or petition is required.

(xxi) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under section 373-1.10(a)(4) of this Subpart.

(3) Additional information requirements. The following information regarding protection of ground water is required from owners or operators of hazardous waste surface impoundments, piles, land treatment units and landfills, except as otherwise provided in section 373-2.6(2) of this Part:

(i) A summary of the ground-water monitoring data obtained during the interim status period under section 373-2.6(a)-(e), where applicable.

(ii) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area).

(iii) On the topographic map required under subparagraph (2)(xix) of this subdivision, a delineation of the waste management area, the property boundary, the proposed “point of compliance” as defined under section 373-2.6(f) of this Part, the proposed location of ground-water monitoring wells as required under section 373-2.6(h) and, to the extent possible, the information required in subparagraph (ii) of this paragraph.

(iv) A description of any plume of contamination that has entered the ground water from a regulated unit, at the time that the application was submitted, that:

(a) delineates the extent of the plume on the topographic map required under subparagraph (2)(xix) of this subdivision;

(b) identifies the concentration of each Appendix 33 constituent throughout the plume, or identifies the maximum concentrations of each Appendix 33 constituent in the plume.

(v) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of section 373-2.6(h) of this Part.

(vi) If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data and analysis to establish a detection monitoring program which meets the requirements of section 373-2.6(i) of this Part. This submission must address the following items specified under section 373-2.6(i) of this Part:

(a) a proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;

(b) a proposed ground-water monitoring system;

(d) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(vii) If hazardous constituents have been detected in the ground water at the point of compliance at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of section 373-2.6(j) of this Part. Except as provided in section 373-2.6(i)(8)(v) of this Part, the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of section 373-2.6(k) of this Part, unless the owner or operator obtains written authorization in advance from the commissioner to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with section 373-2.6(j) of this Part, the owner or operator must address the following items:

(a) a description of the wastes previously handled at the facility;

(b) a characterization of the contaminated ground water, including concentrations of hazardous constituents;

(c) a list of hazardous constituents for which compliance monitoring will be undertaken in accordance with section 373-2.6(h) amd (j);

(d) proposed concentration limits for each hazardous constituent, based on the criteria set forth in paragraph (e)(1) of such section, including a justification for establishing any alternate concentration limits;

(e) detailed plans and an engineering report describing the proposed groundwater monitoring system, in accordance with the requirements of subdivision (h) of such section; and

(f) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(viii) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under section 373-2.6(e), table 1 of this Part, or if ground water monitoring conducted at the time of permit application under section 373-2.6(a) through (e) of this Part at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator must submit sufficient information, supporting data and analyses to establish a corrective action program which meets the requirements of section 373-2.6(k) of this Part. However, an owner or operator is not required to submit information to establish a corrective action program if the owner or operator demonstrates to the commissioner that alternate concentration limits will protect human health and the environment after considering the criteria listed in section 373-2.6(e) of this Part. An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of section 373-2.6(j) of this Part and subparagraph (3)(vi) of this subdivision. To demonstrate compliance with section 373-2.6(k), the owner or operator must address, at a minimum, the following items:

(a) a characterization of the contaminated ground water, including concentrations of hazardous constituents;

(b) the concentration limit for each hazardous constituent found in the ground water, as set forth in section 373-2.6(e);

(d) a description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action; and

(e) the permit may contain a schedule for submittal of the information required in clauses (c) and (d) of this subparagraph provided the owner or operator obtains written authorization from the commissioner prior to submittal of the complete permit application.

(4) Information requirements for solid waste management units.

(i) The following information is required for each solid waste management unit at a facility seeking a permit:

(a) the location of the unit on the topographic map required under subparagraph (2)(xix) of this subdivision;

(b) designation of type of unit;

(d) when the unit was operated;

(e) specification of all wastes that have been managed at the unit, to the extent available.

(ii) The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(iii) The owner or operator must conduct and provide the results of sampling and analysis of groundwater, landsurface and subsurface strata, surface water, or air, which may include the installation of wells, where the commissioner ascertains it is necessary to complete a RCRA facility assessment that will determine if a more complete investigation is necessary.

(b) Specific information requirements for containers. Except as otherwise provided in section 373-2.9(a) of this Part, owners or operators of facilities that store containers of hazardous waste must provide the following additional information:

(1) A description of the containment system to demonstrate compliance with section 373-2.9(f) of this Part. Show at least the following:

(i) basic design parameters, dimensions, and materials of construction;

(ii) how the design promotes drainage or how containers are kept from contact with standing liquids in the containment system;

(iii) capacity of the containment system relative to the number and volume of containers to be stored;

(iv) provisions for preventing or managing run-on; and

(v) how accumulated liquids can be analyzed and removed to prevent overflow.

(2) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with section 373-2.9(f)(2) of this Part, including:

(i) test procedures and results or other information to show that the wastes do not contain free liquids; and

(ii) a description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

(3) Sketches, drawings or data demonstrating compliance with section 373-2.9(g) of this Part (location of buffer zone and containers holding ignitable or reactive wastes) and paragraph (h)(3) of such section (location of incompatible wastes), where applicable.

(4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with sections 373-2.9(h)(1)-(2) and 373-2.2(i)(2)-(3) of this Part.

(5) Information on air emission control equipment, as required in subdivision (n) of this section.

Except as otherwise provided in section 373-2.10(a) of this Part, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:

(1) a written assessment that is reviewed and certified by an independent, qualified professional engineer registered in New York State as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under section 373-2.10(b) and (c) of this Part;

(2) dimensions and capacity of each tank;

(3) description of feed systems, safety cutoffs, bypass systems, and pressure controls (e.g., vents);

(4) a diagram of piping, instrumentation, and process flow for each tank system;

(5) a description of materials and equipment used to provide external corrosion protection, as required under section 373-2.10(c)(1)(iii)(b) of this Part;

(6) for new tank systems, a detailed description of how the tank systems will be installed in compliance with section 373-2.10(c)(2)-(5) of this Part;

(7) detailed plans and description of how the secondary containment system for each tank system is or will be designated, constructed and operated to meet the requirements of section 373-2.10(d)(1)-(6) of this Part;

(8) for tank systems for which a variance from the requirements of section 373-2.10(d) of this Part is sought (as provided by section 373-2.10[d][7] of this Part):

(i) detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste of hazardous constituents into the ground water or surface water during the life of the facility; or

(ii) a detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment;

(9) description of controls and practices to prevent spills and overflows, as required under section 373-2.10(e)(2) of this Part;

(10) for tank systems in which ignitable, reactive or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of section 373-2.10(i) and (j) of this Part; and

(11) information on air emission control equipment, as required in subdivision (n) of this section.

(d) Specific information requirements for surface impoundments.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:

(1) a list of the hazardous wastes placed or to be placed in each surface impoundment;

(2) detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated and maintained to meet the requirements of sections 373-2.2(k), 373-2.11(b), (j) and (k) of this Part. This submission must address the following items:

(i) the inner liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by section 373-2.11(b)(2) of this Part, submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(ii) the double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of section 373-2.11(b)(3) of this Part. If an exemption from the requirements for double liners and a leak detection, collection and removal system or alternative design is sought as provided by section 373-2.11(b)(4), (5), or (6) of this Part, submit appropriate information;

(iii) if the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system and surface impoundment;

(iv) the construction quality assurance (CQA) plan if required under section 373-2.2(k) of this Part;

(v) proposed action leakage rate, with rationale, if required under section 373-2.11(j) of this Part, and response action plan, if required under section 373-2.11(k) of this Part;

(vi) prevention of overtopping; and

(vii) structural integrity of dikes;

(3) [Reserved]

(4) a description of how each surface impoundment, including the double liner system, leak detection system, cover system and appurtenances for control of over-topping, will be inspected in order to meet the requirements of section 373-2.11(d)(1), (2), and (4) of this Part. This information should be included in the inspection plan submitted under subparagraph (a) (2)(v) of this section;

(5) a certification by an engineer, licensed in the State of New York, which attests to the structural integrity of each dike, as required under section 373-2.11(d)(3) of this Part. For new units, the owner or operator must submit a statement by a qualified engineer that such a certification will be provided upon completion of construction in accordance with the plans and specifications;

(6) a description of the procedure to be used for removing a surface impoundment from service, as required under section 373-2.11(e)(2)-(3) of this Part. This information should be included in the contingency plan submitted under section 373-2.11(e)(1) and (2) of this Part;

(7) a description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under section 373-2.11(f)(1)(i) of this Part. For any wastes not to be removed from the unit upon closure, the owner or operator must submit detailed plans and an engineering report describing how section 373-2.11(f)(1)(ii) and (2) of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph (a)(2)(xiii) of this section;

(8) if ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how section 373-2.11(g) of this Part will be complied with; and

(9) if incompatible wastes, or incompatible wastes and materials, will be placed in a surface impoundment, an explanation of how section 373-2.11(h) of this Part will be complied with.

(10) Exposure information.

(i) Any Part 373 permit application submitted by an owner or operator of a facility that stores, treats or disposes hazardous waste in a surface impoundment must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, the information must address:

(a) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation of wastes to or from the unit;

(b) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under clause (a) of this subparagraph; and

(ii) Owners and operators of a surface impoundment who submitted a Part 373 permit application prior to the effective date of this Part [July 1, 1986] must submit the exposure information required in subparagraph (i) of this paragraph.

(11) A waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how the surface impoundment is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.11(i) of this Part. This submission must address the following items as specified in section 373-2.11(i):

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(12) Information on air emission control equipment, as required in subdivision (n) of this section.

(e) Specific information requirements for waste piles.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that place or treat hazardous waste in waste piles must provide the following additional information:

(1) a list of hazardous wastes placed or to be placed in each waste pile;

(2) if an exemption is sought to section 373-2.12(b) of this Part and section 373-2.6 as provided by section 373-2.12(a)(3) or section 373-2.6(a)(2)(ii), an explanation of how the standards of section 373-2.12(a)(3) will be complied with; or detailed plans and an engineering report describing how the requirements to section 373-2.6(a)(2)(ii) will be met;

(3) detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated and maintained to meet the requirements of sections 373-2.2(k), 373-2.12(b), (j) and (k) of this Part. This submission must address the following items as specified in such subdivisions:

(i)

(a) the liner system (except for an existing portion of a waste pile)—if the waste pile must meet the requirements of section 373-2.12(b)(1) of this Part. If an exemption from the requirement for a liner is sought, as provided by section 373-2.12(b)(2), the owner or operator must submit detailed plans and engineering and hydrogeologic reports, as applicable, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(b) the double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of section 373-2.12(b)(3) of this Part. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternate design is sought as provided by section 373-2.12(b)(4), (5) or (6) of this Part, submit appropriate information;

(c) if the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;

(d) the construction quality assurance (CQA) plan if required under section 373-2.2(k) of this Part;

(e) proposed action leakage rate, with rationale, if required under section 373-2.12(j) of this Part, and response action plan, if required under section 373-2.12(k) of this Part;

(ii) control of run-on;

(iii) control of runoff;

(iv) management of collection and holding units associated with run-on and runoff control systems; and

(v) control of wind dispersal of particulate matter, where applicable;

(4) [Reserved]

(5) a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 373-2.12(e)(1), (2) and (3) of this Part. This information should be included in the inspection plan submitted under section 373-1.5(a)(2)(v) of this Subpart;

(6) if treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals;

(7) if ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of section 373-2.12(f) of this Part will be complied with;

(8) if incompatible wastes, or incompatible wastes and materials, will be placed in a waste pile, an explanation of how section 373-2.12(g) of this Part will be complied with;

(9) a description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under section 373-2.12(h)(1) of this Part. For any waste not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how section 373-2.14(g)(1)-(2) of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under section 373-1.5(a)(2)(xiii) of this Subpart; and

(10) a waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a waste pile that is not enclosed (as defined in section 373-2.12[a][3] of this Part) is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.12(i). This submission must address the following items as specified in section 373-2.12(i):

(i) the volume and the physical and chemical characteristics of the wastes to be placed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(f) Specific information requirements for incinerators.

Except as section 373-2.15(a) of this Part and paragraph (5) of this subdivision provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of paragraph (1), (2) or (3) of this subdivision.

(1) When seeking an exemption under section 373-2.15(a)(3) or (4) of this Part (ignitable, corrosive or reactive wastes only):

(i) documentation that the waste is listed as a hazardous waste in section 371.4 of this Title; solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or

(ii) documentation that the waste is listed as a hazardous waste in section 371.4 solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 371.3(d)(1)(iv)-(v), and will not be burned when other hazardous wastes are present in the combustion zone; or

(iii) documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under section 371.3; or

(iv) documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in section 371.3(d)(1)(i), (ii), (iii), (vi), (vii) or (viii) of this Title, and that it will not be burned when other hazardous wastes are present in the combustion zone.

(2) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 373-1.9(a)(2)(ii) of this Subpart.

(3) In lieu of a trial burn, the applicant may submit the following information:

(i) An analysis of each waste or mixture of wastes to be burned, including:

(a) heat value of the waste in the form and composition in which it will be burned;

(b) viscosity (if applicable), or description of physical form of the waste;

(c) an identification of any hazardous organic constituents listed in Appendix 23 of this Title that are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Appendix 23 which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on appropriate analytical techniques that are ELAP certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives;

(d) an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods that are ELAP certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives;

(e) a quantification of those hazardous constituents in the waste which may be designated as principal organic hazardous constituents (POHC's), based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in section 373-2.15(d) of this Part.

(ii) A detailed engineering description of the incinerator including:

(a) manufacturer's name and model number of the incinerator;

(b) type of incinerator;

(d) description of auxiliary fuel system (type/feed);

(e) capacity of prime mover;

(f) description of automatic waste feed cutoff system(s);

(g) gas stack monitoring and pollution control monitoring system;

(h) nozzle and burner design;

(i) construction materials; and

(j) location and description of temperature, pressure and flow-indicating devices and control devices.

(iii) A description and analysis of the waste to be burned, compared with the waste for which data from operational or trial burns are provided, to support the contention that a trial burn is not needed. The data should include those items listed in subparagraph (3)(i) of this subdivision. This analysis should specify POHC's which the applicant has identified in the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are provided.

(iv) The design and operating conditions of the incinerator to be used, compared with that for which comparative burn data are available.

(v) A description of the results submitted from any previously conducted trial burn(s), including:

(a) sampling and analysis techniques used to calculate performance standards in section 373-2.15(d) of this Part; and

(b) methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement).

(vi) The expected incinerator operation information information to demonstrate compliance with section 373-2.15(d) and (f) of this Part, including:

(a) expected carbon monoxide (CO) level in the stack exhaust gas;

(b) waste feed rate;

(d) indication of combustion gas velocity;

(e) expected stack gas volume, flow rate and temperature;

(f) computed residence time for waste in the combustion zone;

(g) expected hydrochloric acid removal efficiency;

(h) expected fugitive emissions and their control procedures; and

(i) proposed waste feed cutoff limits, based on identified significant operating parameters.

(vii) Such supplemental information the commissioner finds necessary to achieve the purposes of this paragraph.

(viii) Waste analysis data, including that submitted in subparagraph (i) of this paragraph, sufficient to allow the commissioner to specify as permit principal organic hazardous constituents (permit POHC's) those constituents for which destruction and removal efficiencies will be required.

(4) The commissioner may approve a permit application without a trial burn if the commissioner finds that:

(i) the wastes are sufficiently similar; and

(ii) the incinerator is sufficiently similar, and the data from other trial burns are adequate to specify (under section 373-2.15[f] of this Part) operating conditions that will ensure that the performance standards in subdivision (d) of such section will be met by the incinerator.

(5)

(i) Except as set forth in subparagraphs (ii) and (iii) of this paragraph, the requirements of this Subpart do not apply to a hazardous waste incineration unit when the owner or operator of the hazardous waste incineration unit that 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).

(ii) The department may request additional information related to the hazardous waste incineration unit in accordance with section 373-1.4(h) and (i) of this Subpart, and impose permit conditions as necessary to protect human health and the environment in accordance with section 373-1.6(c)(2) of this Subpart.

(iii) If the owner or operator of a hazardous waste incineration unit elects to comply with section 373-1.12(a)(1)(i)(a) of this Subpart to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, then the owner or operator must comply with those provisions that the department determines are necessary to ensure compliance with section 373-2.15(f)(1) and (3) of this Part.

(g) Specific information requirements for land treatment facilities.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:

(1) a description of plans to conduct a treatment demonstration as required under section 373-2.13(c) of this Part. The description must include the following information:

(i) the wastes for which the demonstration will be made and the potential hazardous constituents in the waste;

(ii) the data sources to be used to make the demonstration (e.g., literature, laboratory data, field data or operating data);

(iii) any specific laboratory or field test that will be conducted, including:

(a) the type of test (e.g., column leaching, degradation);

(b) materials and methods, including analytical procedures;

(d) characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions and operating practices;

(2) a description of a land treatment program, as required under section 373-2.13(b) of this Part. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items:

(i) the wastes to be land-treated;

(ii) design measures and operating practices necessary to maximize treatment in accordance with section 373-2.13(d)(1) of this Part, including:

(a) waste application method and rate;

(b) measures to control soil pH;

(d) control of moisture content;

(iii) provisions for unsaturated zone monitoring, including:

(a) sampling equipment, procedures and frequency;

(b) procedures for selecting sampling locations;

(d) chain of custody control;

(e) procedures for establishing background values;

(f) statistical methods for interpreting results; and

(g) the justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in section 373-2.13(f)(1) of this Title;

(iv) a list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land-treated, based on waste analysis performed pursuant to section 373-2.2(e) of this Part; and

(v) the proposed dimensions of the treatment zone;

(3) a description of how the unit is or will be designed, constructed, operated and maintained in order to meet the requirements of section 373-2.13(d) of this Part. This submission must address the following items:

(i) control of run-on;

(ii) collection and control of runoff;

(iii) minimization of runoff of hazardous constituents from the treatment zone;

(iv) management of collection and holding facilities associated with run-on and runoff control systems;

(v) periodic inspection of the unit. This information should be included in the inspection plan submitted under subparagraph (a)(2)(v) of this section; and

(vi) control of wind dispersal of particulate matter, if applicable;

(4) the requirements of section 373-2.13(e) of this Part prohibit the growth of food chain crops on any facility that is or has been used as a land treatment facility for hazardous waste. Therefore, information concerning the growth of food chain crops is not applicable for a permit application for a land treatment facility;

(5) if ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of section 373-2.13(i) of this Part will be complied with;

(6) if incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how section 373-2.13(j) of this Part will be complied with; and

(7) a waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a land treatment facility is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.13(k) of this Part. This submission must address the following items as specified in section 373-2.13(k):

(i) the volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(h) Specific information requirements for landfills.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:

(1) a list of the hazardous wastes placed or to be placed in each landfill or landfill cell;

(2) detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated and maintained to comply with the requirements of sections 373-2.2(k), 373-2.14(c), (e) and (n) of this Part. This submission must address the following items:

(i)

(a) the liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of section 373-2.14(c)(2) of this Part. If an exemption from the requirements for a liner and a leachate collection and removal system is sought as provided by section 373-2.14(c)(2) of this Part, submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituent into the ground water or surface water at any future time;

(b) the double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of section 373-2.14(c)(3) of this Part. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternate design is sought as provided by section 373-2.14(c)(4), (5), or (6) of this Part, submit appropriate information;

(d) the construction quality assurance (CQA) plan if required under section 373-2.2(k) of this Part;

(e) proposed action leakage rate, with rationale, if required under section 373-2.14(n) of this Part, and response action plan, if required under section 373-2.14(e) of this Part;

(ii) control of run-on;

(iii) control of runoff;

(iv) management of collection and holding facilities associated with run-on and runoff control systems; and

(v) control of wind dispersal of particulate matter, where applicable;

(3) [Reserved]

(4) a description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 373-2.14(e)(1), (2) and (3) of this Part. This information should be included in the inspection plan submitted under subparagraph (a)(2)(v) of this section;

(5) detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with section 373-2.14(g)(1) of this Part, and a description of how each landfill will be maintained and monitored after closure in accordance with section 373-2.14(g)(2). This information should be included in the closure and post-closure plans submitted under subparagraph (a)(2)(xiii) of this section;

(6) if ignitable or reactive wastes will be landslide, an explanation of how the standards of section 373-2.14(h) of this Part will be complied with;

(7) if incompatible wastes, or incompatible wastes and materials, will be landfilled, an explanation of how section 373-2.14(i) of this Part will be complied with; and

(8) [Reserved]

(9) if containers of hazardous waste are to be landfilled, an explanation of how the requirements of section 373-2.14(k) or (i), as applicable, of this Part will be complied with.

(10) Exposure information.

(i) Any Part 373 permit application submitted by an owner or operator of a facility that stores, treats or disposes of hazardous waste in a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:

(a) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation of wastes to or from the unit;

(b) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under clause (a) of this subparagraph; and

(ii) Owners and operators of a landfill who submitted a Part 373 permit application prior to the effective date of this Part [July 1, 1986] must submit the exposure information required in subparagraph (i) of this paragraph.

(11) A waste management plan for EPA hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how a landfill is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.14(m) of this Part. This submission must address the following items as specified in section 373-2.14(m):

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring techniques.

(i) Specific information requirements for boilers and industrial furnaces burning hazardous waste.

Except as set forth in paragraph (7) of this subdivision, the standards of this Subpart do not apply to a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that becomes subject to this Part permit requirements after October 12, 2005, or no longer apply to a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace when the owner or operator of the cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace 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) Trial burns.

(i) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by section 374-1.8(e) of this Title, standards to control particulate matter provided by section 374-1.8(f) of this Title, standards to control metals emissions provided by section 374-1.8(g) of this Title, or standards to control hydrogen chloride or chlorine gas emissions provided by section 374-1.8(h) of this Title must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 373-1.9(d) of this Subpart.

(a) A trail burn to demonstrate conformance with a particular emission standard may be waived under provisions of section 374-1.8(e) through (h) of this Title and subparagraphs (1)(ii) through (v) of this subdivision; and

(b) the owner or operator may submit data in lieu of a trial burn, as prescribed in subparagraph (1)(vi) of this subdivision.

(ii) Waiver of trail burn for DRE.

(a) Boilers operated under special operating requirements. When seeking to be permitted under section 374-1.8(e)(1)(iv) and (k) of this Title that automatically waive the DRE trail burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by section 374-1.8(k) of this Title.

(b) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by section 374-1.8(e)(1)(v) and (j)(1) of this Title that waive the DRE trial burn, the owner or operator must submit:

(1) documentation that the device is operated in conformance with the requirements of section 374-1.8(j)(1)(i) of this Title;

(2) results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in Appendix 23 of this Title, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on appropriate analytical techniques that are ELAP-certified analytical methods. If ELAP certified methods are not available, analysis should be performed using EPA standard methods. If neither of those are available, the department will evaluate and approve proposals to use other methods to ensure that resulting data will meet data quality objectives.

(3) documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subclause (2) of this clause using procedures provided by section 374-1.8(j)(1)(ii)(b) of this Title;

(4) results of emissions dispersion modeling for emissions identified in subclause (3) of this clause using modeling procedures prescribed by section 374-1.8(g)(8) of this Title. The commissioner will review the emission modelling conducted by the applicant to determine conformance with these procedures. The commissioner will either approve the modeling or determine that alternate or supplementary modeling is appropriate; and

(5) documentation that the maximum annual average ground level concentration of each constituent identified in subclause (2) of this clause quantified in conformance with subclause (4) of this clause does not exceed the allowable ambient level established in Appendices 44 or 45 of section 374-1.8 of this Title. The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in Appendix IV of 40 CFR part 266 or risk-specific dose has not been established in Appendix IV of 40 CFR part 266 or risk-specific dose has not been established in Appendix V of 40 CFR part 266 is 0.1 micrograms per cubic meter, as noted in the footnote to Appendix IV of 40 CFR part 266.

(iii) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by section 374-1.8(g)(2) and (5) of this Title that control metals emissions without requiring a trial burn, the owner or operator must submit:

(a) documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(b) documentation of the concentration of each metal controlled by section 374-1.8(g)(2) or (5) of this Title in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

(c) documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by section 374-1.8(g)(2) or (5) of this Title will not be exceeded during the averaging period provided by that paragraph;

(d) documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 374-1.8(g)(2)(iii) through (v) of this Title;

(e) documentation of compliance with the provisions of section 374-1.8(g)(2)(vi) of this Title, if applicable, for facilities with multiple stacks;

(f) documentation that the facility does not fail the criteria provided by section 374-1.8(g)(2)(vii) of this Title for eligibility to comply with the screening limits; and

(g) proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feedstocks.

(iv) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of section 374-1.8(j)(2) of this Title which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with clause (ii)(b) and subparagraph (iii) of this paragraph.

(v) Waiver of trial burn for HCl and cl₂. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for the total chloride and chlorine provided by section 374-1.8(h)(2)(i) and (h)(5) of this Title that controls emissions of hydrogen chloride (HCl) and chlorine gas (cl₂) without requiring a trial burn, the owner or operator must submit:

(a) documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(b) documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

(c) documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by section 374-1.8(h)(2)(i) or (5) of this Title will not be exceeded during the averaging period by that paragraph;

(d) documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as proved by section 374-1.8(h)(2)(iii) of this Title;

(e) documentation of compliance with the provisions of section 374-1.8(h)(2)(iv) of this Title, if applicable, for facilities with multiple stacks;

(f) documentation that the facility does not fail the criteria provided by section 374-1.8(h)(2)(iii) of this Title for eligibility to comply with the screening limits; and

(g) proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.

(vi) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with section 374-1.8(e) through (h) of this Title and section 373-1.9(d) of this Subpart by providing the information required by section 373-1.9(d) of this Subpart from previous compliance testing of the device in conformance with section 374-1.8(d) of this Title, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by section 373-1.9(d) of this Subpart must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The commissioner shall approve a permit application without a trial burn if the commissioner finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under section 374-1.8[c] of this Title) operating conditions that will ensure conformance with section 374-1.8(c)(3) of this Title. In addition, the following information shall be submitted:

(a) For a waiver from any trial burn:

(1) a description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;

(2) the design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and

(3) such supplemental information as the commissioner finds necessary to achieve the purposes of this paragraph.

(b) For a waiver of the DRE trial burn, the basis for selection of POHC's used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in section 374-1.8(e)(1) of this Title. This analysis should specify the constituents in Appendix 23 of this Title, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHC's in the hazardous waste for which burn data are provided.

(2) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under section 374-1.8(e)(6) of this Title shall submit the following information at a minimum:

(i) documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

(ii) documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produces normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(iii) test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

(iv) trial burn plan to:

(a) demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

(b) identify the types and concentrations of organic compounds listed in Appendix 23 of this Title, that are emitted when burning hazardous waste in conformance with procedures prescribed by the commissioner;

(v) implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(vi) such other information as the commissioner finds necessary to achieve the purposes of this paragraph.

(3) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under section 374-1.8(g)(6) of this Title, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of section 374-1.8(g)(3) or (4) of this Title and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the commissioner finds necessary to achieve the purposes of this paragraph.

(4) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(5) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in section 374-1.8[l] of this Title) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 374-1.8(l) of this Title.

(6) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 374-1.8(m) of this Title must submit information adequate to demonstrate conformance with those provisions.

(7) The requirements of this subdivision continue to apply as follows:

(i) The department may request additional information related to the cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace in accordance with section 373-1.4(h) and (i) of this Subpart, and impose permit conditions as necessary to protect human health and the environment in accordance with section 373-1.6(c)(2) of this Subpart.

(ii) If the owner or operator elects to comply with section 373-1.12(a)(1)(i)(a) of this Subpart to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, then the owner or operator must comply with those provisions that the department determines are necessary to ensure compliance with section 374-1.8(c)(5)(i) and (ii)(c) of this Title.

(iii) If the boiler or industrial furnace is an area source and the owner or operator elects to comply with the section 374-1.8(f), (g) and (h) standards of this Title and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals.

(j) Specific information requirements for miscellaneous units. Except as otherwise provided in section 373-2.24(a) of this Part, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information:

(1) A detailed description of the unit being used or proposed for use, including the following:

(i) physical characteristics, materials of construction, and dimensions of the unit;

(ii) detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of section 373-2.24(b) and (c) of this Part; and

(iii) for disposal units, a detailed description of the plans to comply with the post-closure requirements of section 373-2.24(d) of this Part.

(2) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of section 373-2.24(b) of this Part. If the applicant can demonstrate that he or she does not violate the environmental performance standards of section 373-2.24(b) of this Part and the commissioner agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.

(3) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.

(4) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.

(5) Any additional information determined by the commissioner to be necessary for evaluation of compliance of the unit with the environmental performance standards of section 373-2.24(b) of this Part.

(k) Specific information requirements for process vents.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that have process vents to which section 373-2.27 of this Part applies must provide the following additional information.

(1) For facilities that cannot install a closed-vent system and control device to comply with the provisions of section 373-2.27 of this Part on the effective date that the facility becomes subject to the provisions of section 373-2.27 or 373-3.37 of this Part, an implementation schedule as specified in section 373-2.27(d)(1)(ii) of this Part.

(2) Documentation of compliance with the process vent standards in section 373-2.27(c) of this Part, including:

(i) information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan);

(ii) information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur; and

(iii) information and data used to determine whether or not a process vent is subject to the requirements of section 373-2.27(c) of this Part.

(3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of section 373-2.27 of this Part, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in section 373-2.27(f)(2)(iii) of this Part.

(4) Documentation of compliance with section 373-2.27(d) of this Part, including:

(i) a list of all information references and sources used in preparing the documentation;

(ii) records, including the dates, of each compliance test required by section 373-2.27(d)(11) of this Part;

(iii) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in section 370.1[e] of this Title) or other engineering texts acceptable to the department that present basic control device information. The design analysis must address the vent stream characteristics and control device operation parameters as specified in section 373-2.27(f)(2)(iv)(c) of this Part;

(iv) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and

(v) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of section 373-2.27(c)(1) of this Part for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.

(l) Specific information requirements for equipment.

Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of facilities that have equipment to which section 373-2.1(a) of this Part applies must provide the following additional information:

(1) For each piece of equipment to which section 373-2.28 of this Part applies:

(i) equipment identification number and hazardous waste management unit identification;

(ii) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);

(iii) type of equipment (e.g., a pump or pipeline valve);

(iv) percent by weight total organics in the hazardous waste stream at the equipment;

(v) hazardous waste state at the equipment (e.g., gas/vapor or liquid); and

(vi) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

(2) For facilities that cannot install a closed-vent system and control device to comply with the provisions of section 373-2.28 of this Part on the effective date that the facility becomes subject to the provisions of section 373-2.28 or 373-3.28 of this Part, an implementation schedule as specified in section 373-2.27(d)(1)(ii) of this part.

(3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in section 373-2.27(f)(2)(iii) of this Part.

(4) Documentation that demonstrates compliance with the equipment standards in section 373-2.28(c)-(j) of this Part. This documentation shall contain the records required under section 373-2.28(o) of this Part. The commissioner may request further documentation before deciding if compliance has been demonstrated.

(5) Documentation to demonstrate compliance with section 373-2.28(k) of this Part shall include the following information:

(i) a list of all information references and sources used in preparing the documentation;

(ii) records, including the dates, of each compliance test required by section 373-2.27(d)(10) of this Part;

(iii) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "ATPI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in section 370.1[e] of this Title) or other engineering texts acceptable to the department that present basic control device information. The design analysis must address the vent stream characteristics and control device operation parameters as specified in section 373-2.27(f)(2)(iv)(c) of this Part;

(iv) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur; and

(v) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.

(m) Special information requirements for drip pads.

Except as otherwise provided by section 373-2.1(a) of this Part, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information:

(1) A list of hazardous wastes placed or to be placed on each drip pad.

(2) If an exemption is sought under section 373-2.6 of this Part, as provided by section 373-2.6(a) of this Part, detailed plans and an engineering report describing how the requirements of section 373-2.6(a)(2)(v) of this Part will be met.

(3) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of section 373-2.23(d) of this Part, including the as-built drawings and specifications. This submission must address the following items as specified in section 373-2.23(b) of this Part:

(i) the design characteristics of the drip pad;

(ii) the liner system;

(iii) the leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;

(iv) practices designed to maintain drip pads;

(v) the associated collection system;

(vi) control of run-on to the drip pad;

(vii) control of run-off from the drip pad;

(viii) the interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;

(ix) procedures for cleaning up the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning, and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned;

(x) operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;

(xi) procedures, including recordkeeping practices, for ensuring that, after removal from the treatment vessel, treated wood from pressure and nonpressure processes is held on the drip pad until drippage has ceased;

(xii) provisions for ensuring that collection and holding units associated with the run-on and runoff control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;

(xiii) if treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals;

(xiv) a description of how each drip pad, including appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of section 373-2.23(d) of this Part. This information should be included in the inspection plan submitted under subparagraph (a)(2)(v) of this section;

(xv) a certification signed by an independent qualified, professional engineer registered in New York State, stating that the drip pad design meets the requirements of section 373-2.23(d)(1) through (6) of this Part; and

(xvi) a description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under section 373-2.23(f)(1) of this Part. For any waste not to be removed from the drip pad upon closure, the owner or operator must submit detailed plans and an engineering report describing how section 373-2.14(g)(1) and (2) of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph (a)(2)(xiii) of this section.

(n) Specific requirements for air emission controls for tanks, surface impoundments, and containers.

(1) Except as otherwise provided in section 373-2.1(a) of this Part, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of section 373-2.29 of this Part shall provide the following additional information:

(i) Documentation for each floating roof cover installed on a tank subject to section 373-2.29(e)(4)(i) or (ii) of this Part that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications, as listed in section 373-2.29(e)(5)(i) or (6)(i) of this Part.

(ii) Identification of each container area subject to the requirements of section 373-2.29 of this Part and certification by the owner or operator that the requirements of this section are met.

(iii) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of section 373-2.29(e)(4)(v) or (g)(5)(i)(b) of this Part that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T - Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B, as incorporated by reference in section 370.1(e) of this Title.

(iv) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of section 373-2.29(f)(3) of this Part that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 373-2.29(f)(3)(i) of this Part.

(v) Documentation for each closed-vent system and control device installed in accordance with the requirements of section 373-2.29(h) of this Part that includes design and performance information, as specified in paragraphs (k)(3) and (4) of this section.

(vi) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A, as incorporated by reference in section 370.1(e) of this Title, and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliance.

(vii) When an owner or operator of a facility subject to section 373-3.29 of this Part cannot comply with section 373-2.29 of this Part, by the date of permit issuance, the schedule of implementation required under section 373-3.29(c) of this Part.

(o) Requirements for post-closure permits.

For post-closure permits, the owner or operator is required to submit the information specified in subparagraphs (a)(2)(i), (iv), (v), (vi), (xi), (xiii), (xiv), (xvi), and (xix) and paragraphs (a)(3) and (4) of this section unless the department determines that additional information from subdivision (a), (c), (d), (e), (g), or (h) of this section is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in section 373-1.2(e)(3) of this Subpart.

(p) Permit denial.

The commissioner may, pursuant to the procedures in Part 621 of this Title, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.

6 CRR-NY 373-1.5

Current through February 15, 2022

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.