(i) A RAP is a special form of a Part 373 permit that you, as an owner or operator, may obtain, instead of a permit issued under this Subpart except section 373-1.3 of this Subpart and this section, to authorize you to treat, store, or dispose of hazardous remediation waste (as defined in section 370.2[b] of this Title) at a remediation waste management site. A RAP may only be issued for the area of contamination where the remediation wastes to be managed under the RAP originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under paragraph (g)(1) of this section.

(ii) The requirements in this Subpart 373-1 except sections 373-1.3 of this Subpart and this section do not apply to RAPs unless those requirements for traditional Part 373 permits are specifically required under subdivisions (b) through (g) of this section. The definitions in section 370.2 of this Title apply to RAPs.

(iii) Notwithstanding any other provision of this Subpart, any document that meets the requirements in this paragraph constitutes a treatment, storage or disposal facility permit under section 27-0913 of the Environmental Conservation Law.

(iv) A RAP may be:

(v) If you are treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your obligations under those authorities in any way.

(vi) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status.

(i) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a Part 373 permit under section 373-1.1 of this Subpart, you must either obtain:

(ii) Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs under this section.

(iii) You may obtain a RAP for managing hazardous remediation waste at an already permitted Part 373 facility. You must have these RAPs approved as a modification to your existing permit according to the requirements of section 373-1.7 of this Subpart instead of the requirements in this section. When you submit an application for such a modification, however, the information requirements in sections 373-1.5 and 373-1.9 of this Subpart do not apply; instead, you must submit the information required under paragraph (c)(4) of this section. When your permit is modified, the RAP becomes part of the State permit.

(iv) Every application for modifications to a permit will be processed pursuant to Part 621 of this Title. When your permit (including the RAP portion) is renewed, modified, revoked or suspended or when it expires, the entire permit will be processed according to the applicable requirements in Part 621 of this Title. At that time, the applicable requirements of subdivision (e) of this section also apply to the RAP portion of the permit.

(i) the name, address, and EPA identification number of the remediation waste management site;

(ii) the name, address, and telephone number of the owner and operator;

(iii) the latitude and longitude of the site;

(iv) the United States Geological Survey (USGS) or county map showing the location of the remediation waste management site;

(v) a scaled drawing of the remediation waste management site showing:

(vi) a specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or remediation waste management site. This must include information on:

(vii) enough information to demonstrate that operations that follow the provisions in your RAP application will ensure compliance with applicable requirements of Subparts 373-2, 374-1, and Part 376 of this Title;

(viii) such information as may be necessary to enable the department to carry out the department's duties under other State laws as is required for traditional Part 373 permits under Part 621 of this Title; and

(ix) any other information the department decides is necessary for demonstrating compliance with this Subpart or for determining any additional RAP conditions that are necessary to protect human health and the environment.

(i) If the department tentatively finds that your RAP application includes all of the information required by paragraph (c)(4) of this section and that your proposed remediation waste management activities meet the regulatory standards, the department will make a tentative decision to approve your RAP application. The department will then prepare a draft RAP and provide an opportunity for public comment before making a final decision on your RAP application, according to this section.

(ii) If the department tentatively finds that your RAP application does not include all of the information required by paragraph (c)(4) of this section or that your proposed remediation waste management activities do not meet the regulatory standards, the department may request additional information from you or ask you to correct deficiencies in your application. If you fail or refuse to provide any additional information the department requests, or to correct any deficiencies in your RAP application, the department may make a tentative decision to deny your RAP application. After making this tentative decision, the department will prepare a notice of intent to deny your RAP application (notice of intent to deny) and provide an opportunity for public comment before making a final decision on your RAP application, according to the requirements in this section. The department may deny the RAP application either in its entirety or in part.

(iii) The processes outlined in this subdivision are consistent with and are to be read in conjunction with Part 621 of this Title.

(i) information required in subparagraphs (c)(4)(i) through (vi) of this section;

(ii) the following terms and conditions:

(iii) if the draft RAP is part of another document, as described in clause (b)(1)(iv)(b) of this section, the department must clearly identify the components of that document that constitute the draft RAP.

(i) prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the reasons for them, or the rationale for the notice of intent to deny;

(ii) compile an administrative record, including:

(iii) make information contained in the administrative record available for review by the public upon request.

(i) Consistent with the requirements of Part 621 of this Title, the following must be done:

(ii) The notice required by subparagraph (i) of this paragraph must provide at least 45 days from the date of publication for the submittal of written public comment to the department.

(iii) The notice required by subparagraph (i) of this paragraph must include:

(iv) If, within the comment period, the department receives written notice of opposition to the department's intention to approve or deny your RAP application and a request for a hearing, the department must, in accordance with Part 621 of this Title, hold a legislative hearing in accordance with the process as set forth in Part 624 of this Title to receive unsworn statements relating to the approval or denial of your RAP application. The department may also determine on the department's own initiative that a legislative hearing is appropriate. The legislative hearing must include an opportunity for any person to present written or oral comments. Whenever possible, the department must schedule this legislative hearing at a location convenient to the nearest population center to the remediation waste management site and give notice according to the requirements in subparagraph (i) of this paragraph. This notice must, at a minimum, include the information required by subparagraph (iii) of this paragraph and:

(v) The determination to hold an adjudicatory public hearing will be made pursuant to Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (i) of this paragraph. This notice must, at a minimum, include the information required by subparagraph (iii) of this paragraph.

(i) The department must consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate.

(ii) If the department determines that your RAP includes the information and terms and conditions required in paragraph (2) of this subdivision, then the department will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.

(iii) If the department determines that your RAP does not include the information required in paragraph (2) of this subdivision, then the department will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied.

(iv) If the department's final decision is that the tentative decision to deny the RAP application was incorrect, the department will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this section.

(v) When the department issues its final RAP decision, it shall include notice of opportunity and procedures for requesting an adjudicatory hearing pursuant to Part 621 of this Title if an adjudicatory hearing has not been held. If an adjudicatory hearing is held, public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph (4)(iii) of this subdivision. The final decision on the RAP application will be made pursuant to and using the procedures of Part 624 of this Title.

(vi) Before issuing the final RAP decision, the department must compile an administrative record. Material readily available at the issuing office or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see subparagraph [3][ii] of this subdivision) and:

(vii) The department must make information contained in the administrative record available for review by the public upon request.

(i) If an adjudicatory hearing has been held, the decision on your RAP application is final. If an adjudicatory hearing has not been held, you can request an adjudicatory hearing after the department's decision to approve or deny your RAP application, pursuant to Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph (4)(iii) of this subdivision. The process for adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could seek judicial review of the department's actions, pursuant to article 78 of Civil Practice Law and Rules (CPLR).

(i) The procedures for renewing, modifying, revoking, or suspending a RAP are set forth in Part 621 of this Title.

(ii) Any interested party may request that the remedial action plan permit be modified, revoked, or suspended at any time at the request of the interested party, including the applicant, or upon the initiative of the department, on any of the grounds set forth in Part 621 of this Title.

(iii) In addition to subparagraph (ii) of this paragraph, the department may modify your final RAP if one or more of the following exist:

(iv) In addition to subparagraph (ii) of this paragraph, the department may revoke or suspend your final RAP if one or more of the reasons listed in clauses (iii)(e) through (h) of this paragraph exist.

(v) Notwithstanding any other provision in this paragraph, when the department reviews a RAP for a land disposal facility under paragraph (3) of this subdivision, the department may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Parts 370 through 374, 376 and 621 of this Title.

(vi) The department will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.

(vii) To renew an existing RAP, a complete application for permit renewal must be submitted at least 180 days before the expiration date of the existing RAP as required by Part 621 of this Title.

(i) Paragraph (d)(6) of this section applies to modification, revocation, suspension, or renewal of your RAP. The process to request an adjudicatory hearing is provided in Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph (d)(4)(i) of this section. This notice must, at a minimum, include the information required by subparagraph (d)(4)(iii) of this section. The process for adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could seek judicial review of the department's action pursuant to article 78 of Civil Practice Law and Rules (CPLR).

(i) all data used to complete RAP applications and any supplemental information that you submit for a period of at least three years from the date the application is signed; and

(ii) any operating and/or other records the department requires you to maintain as a condition of your RAP.

(i) Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or event.

(ii) Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period ends on the day before the act or event.

(iii) If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next working day.

(iv) Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon the party or interested person by mail, three days must be added to the prescribed term.

(i) If you wish to transfer your RAP to a new owner or operator, you must follow the requirements specified in section 373-1.7(a) of this Subpart, and incorporate any other necessary requirements. These modifications do not constitute significant modifications for purposes of paragraph (e)(1) of this section. The new owner/operator must submit a revised RAP application no later than 180 days before the scheduled change along with a written agreement containing a specific date for transfer of RAP responsibility between you and the new permittees.

(ii) When a transfer of ownership or operational control occurs, you as the old owner or operator must comply with the applicable requirements in section 373-2.8 (Financial requirements) of this Part until the new owner or operator has demonstrated that the new owner or operator is complying with the requirements in that section. The new owner or operator must demonstrate compliance with section 373-2.8 of this Part within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner/operator demonstrates compliance with section 373-2.8 of this Part to the department, the department will notify you that you no longer need to comply with section 373-2.8 of this Part as of the date of demonstration.

(i) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated area or areas in close proximity.

(ii) If the department determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the department may approve a RAP for this alternative location.

(iii) You must request the RAP, and the department will approve or deny the RAP, according to the procedures and requirements in this section and Part 621 of this Title.

(iv) A RAP for an alternative location must also meet the following requirements, which the department must include in the RAP for such locations:

(v) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites: